PART XXProcedure in Jury Trials and General Provisions (continued)
General Provisions respecting Counts (continued)
Marginal note:High treason and first degree murder
582 No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.
- R.S., c. C-34, s. 511;
- 1973-74, c. 38, s. 4;
- 1974-75-76, c. 105, s. 6.
Marginal note:Certain omissions not grounds for objection
583 No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that
(a) it does not name the person injured or intended or attempted to be injured;
(b) it does not name the person who owns or has a special property or interest in property mentioned in the count;
(c) it charges an intent to defraud without naming or describing the person whom it was intended to defraud;
(d) it does not set out any writing that is the subject of the charge;
(e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;
(f) it does not specify the means by which the alleged offence was committed;
(g) it does not name or describe with precision any person, place or thing; or
(h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.
- R.S., c. C-34, s. 512.
Special Provisions respecting Counts
Marginal note:Sufficiency of count charging libel
584 (1) No count for publishing a blasphemous, seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
Marginal note:Specifying sense
(2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.
(3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.
- R.S., c. C-34, s. 513.
Marginal note:Sufficiency of count charging perjury, etc.
585 No count that charges
(b) the making of a false oath or a false statement,
(c) fabricating evidence, or
(d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c),
is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used.
- R.S., 1985, c. C-46, s. 585;
- 1992, c. 1, s. 60(F).
Marginal note:Sufficiency of count relating to fraud
586 No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.
- R.S., c. C-34, s. 515.
Marginal note:What may be ordered
587 (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars
(a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;
(b) of any false pretence or fraud that is alleged;
(c) of any alleged attempt or conspiracy by fraudulent means;
(d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;
(e) further describing any writing or words that are the subject of a charge;
(f) further describing the means by which an offence is alleged to have been committed; or
(g) further describing a person, place or thing referred to in an indictment.
Marginal note:Regard to evidence
(2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.
(3) Where a particular is delivered pursuant to this section,
- R.S., 1985, c. C-46, s. 587;
- R.S., 1985, c. 27 (1st Supp.), s. 7.
Ownership of Property
588 The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.
- R.S., c. C-34, s. 517.
Joinder or Severance of Counts
Marginal note:Count for murder
589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless
(a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or
(b) the accused signifies consent to the joinder of the counts.
- R.S., 1985, c. C-46, s. 589;
- 1991, c. 4, s. 2.
Marginal note:Offences may be charged in the alternative
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.
(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
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
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
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.
(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.
- Date modified: