PART XVIIIProcedure on Preliminary Inquiry (continued)
Taking Evidence of Witnesses (continued)
Marginal note:Hearing of witnesses
541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, where required by this Part, has been read, the justice shall, subject to this section, 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 such witnesses
(5) 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 such modifications as 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.
Marginal note:Confession or admission of accused
542 (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.
Remand Where Offence Committed in Another Jurisdiction
Marginal note:Order that accused appear or be taken before justice where offence committed
543 (1) Where an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which he has been charged, the justice before whom he appears or is brought may, at any stage of the inquiry after hearing both parties,
(a) order the accused to appear, or
(b) if the accused is in custody, issue a warrant in Form 15 to convey the accused
before a justice having jurisdiction in the place where the offence is alleged to have been committed, who 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, promise to appear, undertaking or recognizance issued to or given or entered into by the accused under Part XVI 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., c. C-34, s. 471;
- R.S., c. 2(2nd Supp.), s. 7.
Marginal note:Accused absconding during inquiry
544 (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
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) Where, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued pursuant to subsection (1), the accused is absent but counsel for the accused is present, he or she shall be given an opportunity to call witnesses on behalf of the accused and subsection 541(5) applies with such modifications as the circumstances require.
- R.S., 1985, c. C-46, s. 544;
- 1994, c. 44, s. 55.
Procedure where Witness Refuses to Testify
Marginal note:Witness refusing to be examined
(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.
(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.
Marginal note:Irregularity or variance not to affect validity
546 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.
- Date modified: