Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)
Full Document:
Assented to 2002-06-04
Marginal note:1999, c. 3, s. 43
38. (1) Subsections 561.1(1) to (3) of the Act are replaced by the following:
Marginal note:Right to re-elect with consent — Nunavut
561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.
Marginal note:Right to re-elect before trial — Nunavut
(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.
Marginal note:Right to re-elect at preliminary inquiry — Nunavut
(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion.
Marginal note:1999, c. 3, s. 43
(2) Subsections 561.1(5) to (7) of the Act are replaced by the following:
Marginal note:Notice at preliminary inquiry — Nunavut
(5) If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.
Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut
(6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
Marginal note:1999, c. 3, s. 44
39. Subsections 562.1(1) and (2) of the Act are replaced by the following:
Marginal note:Proceedings following re-election — Nunavut
562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.
Marginal note:Proceedings following re-election — Nunavut
(2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.
Marginal note:1999, c. 3, s. 45
40. The portion of subsection 563.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut
563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3),
Marginal note:R.S., c. 27 (1st Supp.), s. 111
41. Subsection 565(2) of the Act is replaced by the following:
Marginal note:When direct indictment preferred
(2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury without a preliminary inquiry.
Marginal note:1999, c. 3, s. 47
42. Subsections 566.1(1) and (2) of the Act are replaced by the following:
Marginal note:Indictment — Nunavut
566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged.
Marginal note:Preferring indictment — Nunavut
(2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.
Marginal note:R.S., c. 27 (1st Supp), s. 111; 1999, c. 3, s. 48
43. Sections 567 to 568 of the Act are replaced by the following:
Marginal note:Mode of trial when two or more accused
567. Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.
Marginal note:Mode of trial if two or more accused — Nunavut
567.1 (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.
Marginal note:Application to Nunavut
(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.
Marginal note:Attorney General may require trial by jury
568. Even if an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held.
Marginal note:1999, c. 3, s. 49
44. Subsection 569(1) of the Act is replaced by the following:
Marginal note:Attorney General may require trial by jury — Nunavut
569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held.
Marginal note:R.S., c. 27, (1st Supp.), s. 113
45. Section 574 of the Act is replaced by the following:
Marginal note:Prosecutor may prefer indictment
574. (1) Subject to subsection (3), the prosecutor may, whether the charges were included in one information or not, prefer an indictment against any person who has been ordered to stand trial in respect of
(a) any charge on which that person was ordered to stand trial; or
(b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial.
Marginal note:Preferring indictment when no preliminary inquiry requested
(1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
Marginal note:Preferring single indictment
(1.2) If indictments may be preferred under both subsections (1) and (1.1), the prosecutor may prefer a single indictment in respect of one or more charges referred to in subsection (1) combined with one or more charges or included charges referred to in subsection (1.1).
Marginal note:Consent to inclusion of other charges
(2) An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.
Marginal note:Private prosecutor requires consent
(3) In a prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment may not be preferred under any of subsections (1) to (1.2) before a court without the written order of a judge of that court.
Marginal note:R.S., c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18 (Sch. I, s. 15) (F)
46. Section 577 of the Act is replaced by the following:
Marginal note:Direct indictments
577. Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if
(a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or
(b) in any other case, a judge of the court so orders.
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