PART XXProcedure in Jury Trials and General Provisions (continued)
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
Joinder of Accused in Certain Cases
Marginal note:Accessories after the fact
592 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
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
594 to 596 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]
Proceedings when Person Indicted is at Large
Marginal note:Bench warrant
597 (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.
(2) A warrant issued under subsection (1) may be executed anywhere in Canada.
Marginal note:Interim release
(3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.
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
- 2019, c. 25, s. 266
Marginal note:Election deemed to be waived
598 (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)
- Date modified: