Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-05-07 and last amended on 2018-12-18. Previous Versions

PART XXProcedure in Jury Trials and General Provisions (continued)

Joinder or Severance of Counts (continued)

Marginal note:Offences may be charged in the alternative

  •  (1) A count is not objectionable by reason only that

    • (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or

    • (b) it is double or multifarious.

  • Marginal note:Application to amend or divide counts

    (2) An accused may at any stage of his trial apply to the court to amend or to divide a count that

    • (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or

    • (b) is double or multifarious,

    on the ground that, as framed, it embarrasses him in his defence.

  • Marginal note:Order

    (3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.

  • R.S., c. C-34, s. 519

Marginal note:Joinder of counts

  •  (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4.

  • Marginal note:Each count separate

    (2) Where there is more than one count in an indictment, each count may be treated as a separate indictment.

  • Marginal note:Severance of accused and counts

    (3) The court may, where it is satisfied that the interests of justice so require, order

    • (a) that the accused or defendant be tried separately on one or more of the counts; and

    • (b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.

  • Marginal note:Order for severance

    (4) An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts

    • (a) on which the trial does not proceed; or

    • (b) in respect of the accused or defendant who has been granted a separate trial.

  • Marginal note:Delayed enforcement

    (4.1) The court may make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specified event if, taking into account, among other considerations, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so.

  • Marginal note:Decisions binding on parties

    (4.2) Unless the court is satisfied that it would not be in the interests of justice, the decisions relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that are made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made — or could have been made — before the stage at which the evidence on the merits is presented.

  • Marginal note:Subsequent procedure

    (5) The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment.

  • Marginal note:Idem

    (6) Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation to which the order was made as if they were contained in a separate indictment.

  • R.S., 1985, c. C-46, s. 591
  • R.S., 1985, c. 27 (1st Supp.), s. 119
  • 2011, c. 16, s. 5

Joinder of Accused in Certain Cases

Marginal note:Accessories after the fact

 Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice.

  • R.S., c. C-34, s. 521

Marginal note:Trial of persons jointly

  •  (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though

    • (a) the property was had in possession at different times; or

    • (b) the person by whom the property was obtained

      • (i) is not indicted with them, or

      • (ii) is not in custody or is not amenable to justice.

  • Marginal note:Conviction of one or more

    (2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

  • R.S., 1985, c. C-46, s. 593
  • 2010, c. 14, s. 11

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]

Proceedings when Person Indicted is at Large

Marginal note:Bench warrant

  •  (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

  • Marginal note:Execution

    (2) A warrant issued under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Interim release

    (3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,

    • (a) report at times to be stated in the order to a peace officer or other person designated in the order;

    • (b) remain within a territorial jurisdiction specified in the order;

    • (c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

    • (d) abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;

    • (e) where the accused is the holder of a passport, deposit his passport as specified in the order; and

    • (f) comply with such other reasonable conditions specified in the order as the judge considers desirable.

  • Marginal note:Discretion to postpone execution

    (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 597
  • R.S., 1985, c. 27 (1st Supp.), s. 121
  • 1997, c. 18, s. 68

Marginal note:Election deemed to be waived

  •  (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

    • (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or

    • (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

  • Marginal note:Election deemed to be waived

    (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

  • R.S., 1985, c. C-46, s. 598
  • R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E)
  • 1999, c. 3, s. 51
  • 2002, c. 13, s. 48(E)
 
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