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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-03-05 and last amended on 2019-12-18. Previous Versions

PART XVIIIProcedure on Preliminary Inquiry (continued)

Powers of Justice (continued)

Marginal note:Organization

 Where an accused is an organization, subsections 556(1) and (2) apply with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 538
  • 2003, c. 21, s. 8

Taking Evidence of Witnesses

Marginal note:Order restricting publication of evidence taken at preliminary inquiry

  •  (1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

    • (a) may, if application therefor is made by the prosecutor, and

    • (b) shall, if application therefor is made by any of the accused,

    make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

    • (c) he or she is discharged, or

    • (d) if he or she is ordered to stand trial, the trial is ended.

  • Marginal note:Accused to be informed of right to apply for order

    (2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).

  • Marginal note:Failure to comply with order

    (3) Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.

  • (4) [Repealed, 2005, c. 32, s. 18]

  • R.S., 1985, c. C-46, s. 539
  • R.S., 1985, c. 27 (1st Supp.), s. 97
  • 2005, c. 32, s. 18

Marginal note:Taking evidence

  •  (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall

    • (a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.01), and allow the accused or counsel for the accused to cross-examine them; and

    • (b) cause a record of the evidence of each witness to be taken

      • (i) in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or

      • (ii) in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.

  • Marginal note:Reading and signing depositions

    (2) Where a deposition is taken down in writing, the justice shall, in the presence of the accused, before asking the accused if he wishes to call witnesses,

    • (a) cause the deposition to be read to the witness;

    • (b) cause the deposition to be signed by the witness; and

    • (c) sign the deposition himself.

  • Marginal note:Authentication by justice

    (3) Where depositions are taken down in writing, the justice may sign

    • (a) at the end of each deposition; or

    • (b) at the end of several or of all the depositions in a manner that will indicate that his signature is intended to authenticate each deposition.

  • Marginal note:Stenographer to be sworn

    (4) Where the stenographer appointed to take down the evidence is not a duly sworn court stenographer, he shall make oath that he will truly and faithfully report the evidence.

  • Marginal note:Authentication of transcript

    (5) Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by

    • (a) an affidavit of the stenographer that it is a true report of the evidence; or

    • (b) a certificate that it is a true report of the evidence if the stenographer is a duly sworn court stenographer.

  • Marginal note:Transcription of record taken by sound recording apparatus

    (6) Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).

  • Marginal note:Evidence

    (7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.

  • Marginal note:Notice of intention to tender

    (8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.

  • Marginal note:Appearance for examination

    (9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).

  • R.S., 1985, c. C-46, s. 540
  • R.S., 1985, c. 27 (1st Supp.), s. 98
  • 1997, c. 18, s. 65
  • 2002, c. 13, s. 29
  • 2019, c. 25, s. 243

Marginal note:Hearing of witnesses

  •  (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused.

  • Marginal note:Contents of address to accused

    (2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect:

    “Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.”

  • Marginal note:Statement of accused

    (3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.

  • Marginal note:Witnesses for accused

    (4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with.

  • Marginal note:Depositions of witnesses

    (5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 541
  • R.S., 1985, c. 27 (1st Supp.), s. 99
  • 1994, c. 44, s. 54
  • 2019, c. 25, s. 244

Marginal note:Confession or admission of accused

  •  (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him.

  • Marginal note:Restriction of publication of reports of preliminary inquiry

    (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless

    • (a) the accused has been discharged, or

    • (b) if the accused has been ordered to stand trial, the trial has ended,

    is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2005, c. 32, s. 19]

  • R.S., 1985, c. C-46, s. 542
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)
  • 2005, c. 32, s. 19
 
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