Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Evidence of identity of charges

608 Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.

Marginal note:What determines identity

• 609 (1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears

  • (a) that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and

  • (b) that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded,

  the judge shall give judgment discharging the accused in respect of that count.

• Marginal note:Allowance of special plea in part

  (2) The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried:

  • (a) where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and

  • (b) where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.

Marginal note:Circumstances of aggravation

• 610 (1) Where an indictment charges substantially the same offence as that charged in an indictment on which an accused was previously convicted or acquitted, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous conviction or acquittal bars the subsequent indictment.

• Marginal note:Effect of previous charge of murder or manslaughter

  (2) A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.

• Marginal note:Previous charges of first degree murder

  (3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.

• Marginal note:Effect of previous charge of infanticide or manslaughter

  (4) A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.

Marginal note:Libel, plea of justification

• 611 (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.

• Marginal note:Where more than one sense alleged

  (2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.

• Marginal note:Plea in writing

  (3) A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.

• Marginal note:Reply

  (4) The prosecutor may in his reply deny generally the truth of a plea that is made under this section.

Marginal note:Plea of justification necessary

• 612 (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.

• Marginal note:Not guilty, in addition

  (2) The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.

• Marginal note:Effect of plea on punishment

  (3) Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.

Marginal note:Plea of not guilty

613 Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.

614 to 619 [ Repealed, 1991, c. 43, s. 3]

Organizations

Marginal note:Appearance by attorney

620 Every organization against which an indictment is filed shall appear and plead by counsel or agent.

Marginal note:Notice to organization

• 621 (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization.

• Marginal note:Contents of notice

  (2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded.

Marginal note:Procedure on default of appearance

622 Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea.

Marginal note:Trial of organization

623 Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies.

Record of Proceedings

Marginal note:How recorded

• 624 (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

• Marginal note:Record of proceedings

  (2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.

Marginal note:Form of record in case of amendment

625 Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.