Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Habeas corpus

• 573.2 (1) Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where

  • (a) the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or

  • (b) another statutory right of review or appeal is available.

• Marginal note:Exception

  (2) Despite subsection (1), habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut with respect to an order or warrant of a judge of the Nunavut Court of Justice if the proceedings are brought to challenge the constitutionality of a person’s detention or confinement.

• Marginal note:Provisions apply

  (3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).

PART XXProcedure in Jury Trials and General Provisions

Preferring Indictment

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

  (1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, 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.

575 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113]

Marginal note:Indictment

• 576 (1) Except as provided in this Act, no indictment shall be preferred.

• Marginal note:Criminal information and bill of indictment

  (2) No criminal information shall be laid or granted and no bill of indictment shall be preferred before a grand jury.

• Marginal note:Coroner’s inquisition

  (3) No person shall be tried on a coroner’s inquisition.

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.

Marginal note:Summons or warrant

• 578 (1) Where notice of the recommencement of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue

  • (a) a summons addressed to, or

  • (b) a warrant for the arrest of,

  the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment.

• Marginal note:Part XVI to apply

  (2) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1).

Marginal note:Attorney General may direct stay

• 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.

• Marginal note:Recommencement of proceedings

  (2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.

Marginal note:Instruction to stay

• 579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer, as defined in section 5 of the Preclearance Act, 2016, are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement.

• Marginal note:Stay

  (2) The clerk or other officer of the court shall make the entry immediately after being so directed, and on the entry being made the proceedings are stayed and any recognizance relating to the proceedings is vacated.

• Marginal note:Recommencement

  (3) The proceedings may be recommenced without laying a new information or preferring a new indictment, if the Attorney General or counsel instructed by him or her gives notice to the clerk or other officer of the court that

  • (a) the Government of the United States has provided notice of waiver under paragraph 15 of Article X of the Agreement; or

  • (b) the Government of the United States has declined, or is unable, to prosecute the accused and the accused has returned to Canada.

• Marginal note:Proceedings deemed never commenced

  (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.

• Marginal note:Definition of Agreement

  (5) In this section, Agreement means the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015.