Marginal note:Jurisdiction of Federal Court
73 (1) Subject to this section, the Attorney General of Canada may institute and conduct any prosecution or other proceedings under section 34, any of sections 45 to 51 and section 61 or, where the proceedings are on indictment, under section 52, 52.1, 53, 55, 55.1 or 66, in the Federal Court — Trial Division, and for the purposes of the prosecution or other proceedings, the Federal Court — Trial Division has all the powers and jurisdiction of a superior court of criminal jurisdiction under the Criminal Code and under this Act.
Marginal note:No jury
(2) The trial of an offence under Part VI or section 66 in the Federal Court — Trial Division shall be without a jury.
(3) An appeal lies from the Federal Court — Trial Division to the Federal Court of Appeal and from the Federal Court of Appeal to the Supreme Court of Canada in any prosecution or proceedings under Part VI or section 66 of this Act as provided in Part XXI of the Criminal Code for appeals from a trial court and from a court of appeal.
Marginal note:Proceedings optional
(4) Proceedings under subsection 34(2) may in the discretion of the Attorney General of Canada be instituted in either the Federal Court — Trial Division or a superior court of criminal jurisdiction in the province but no prosecution shall be instituted against an individual in the Federal Court — Trial Division in respect of an offence under Part VI or section 66 without the consent of the individual.
- R.S., 1985, c. C-34, s. 73
- 1999, c. 2, s. 21
- 2002, c. 16, s. 8
- Date modified: