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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-01-27 and last amended on 2019-12-18. Previous Versions

PART XVIIIProcedure on Preliminary Inquiry (continued)

Remand Where Offence Committed in Another Jurisdiction

Marginal note:Order that accused appear or be taken before justice where offence alleged to have been committed

  •  (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.

  • Marginal note:Transmission of transcript and documents and effect of order or warrant

    (2) Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and

    • (a) any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and

    • (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).

  • R.S., 1985, c. C-46, s. 543
  • 2019, c. 25, s. 245

Absconding Accused

Marginal note:Accused absconding during inquiry

  •  (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged,

    • (a) he shall be deemed to have waived his right to be present at the inquiry, and

    • (b) the justice

      • (i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or

      • (ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance,

    but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused.

  • Marginal note:Adverse inference

    (2) Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded.

  • Marginal note:Accused not entitled to re-opening

    (3) Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry.

  • Marginal note:Counsel for accused may continue to act

    (4) Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

  • Marginal note:Accused calling witnesses

    (5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 544
  • 1994, c. 44, s. 55
  • 2019, c. 25, s. 246

Procedure where Witness Refuses to Testify

Marginal note:Witness refusing to be examined

  •  (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence,

    • (a) refuses to be sworn,

    • (b) having been sworn, refuses to answer the questions that are put to him,

    • (c) fails to produce any writings that he is required to produce, or

    • (d) refuses to sign his deposition,

    without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period.

  • Marginal note:Further commitment

    (2) Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him.

  • Marginal note:Saving

    (3) Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him.

  • R.S., c. C-34, s. 472

Remedial Provisions

Marginal note:Irregularity or variance not to affect validity

 The validity of any proceeding at or subsequent to a preliminary inquiry is not affected by

  • (a) any irregularity or defect in the substance or form of the summons or warrant;

  • (b) any variance between the charge set out in the summons or warrant and the charge set out in the information; or

  • (c) any variance between the charge set out in the summons, warrant or information and the evidence adduced by the prosecution at the inquiry.

  • R.S., c. C-34, s. 473

Marginal note:Adjournment if accused misled

 Where it appears to the justice that the accused has been deceived or misled by any irregularity, defect or variance mentioned in section 546, he may adjourn the inquiry and may remand the accused or grant him interim release in accordance with Part XVI.

  • R.S., c. C-34, s. 474
  • 1974-75-76, c. 93, s. 59.1

Marginal note:Inability of justice to continue

 Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may

  • (a) continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or

  • (b) commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available.

  • R.S., 1985, c. 27 (1st Supp.), s. 100

Adjudication and Recognizances

Marginal note:Order to stand trial or discharge

  •  (1) When all the evidence has been taken by the justice, he shall

    • (a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or

    • (b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction.

  • Marginal note:Endorsing charge

    (2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.

  • Marginal note:Where accused ordered to stand trial

    (2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed.

  • Marginal note:Defect not to affect validity

    (3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect.

  • R.S., 1985, c. C-46, s. 548
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 1994, c. 44, s. 56
 
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