PART XXProcedure in Jury Trials and General Provisions (continued)
Inspection and Copies of Documents (continued)
604 [Repealed, 1997, c. 18, s. 69]
Marginal note:Release of exhibits for testing
605 (1) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.
Marginal note:Disobeying orders
(2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.
- R.S., 1985, c. C-46, s. 605
- R.S., 1985, c. 27 (1st Supp.), s. 203
Marginal note:Pleas permitted
Marginal note:Conditions for accepting guilty plea
(1.1) A court may accept a plea of guilty only if it is satisfied that
(a) the accused is making the plea voluntarily;
(b) the accused understands
(c) the facts support the charge.
Marginal note:Validity of plea
(1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.
Marginal note:Refusal to plead
(2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.
Marginal note:Allowing time
(3) An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.
Marginal note:Included or other offence
(4) Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.
Marginal note:Inquiry of court — murder and serious personal injury offences
(4.1) If the accused is charged with a serious personal injury offence, as that expression is defined in section 752, or with the offence of murder, and the accused and the prosecutor have entered into an agreement under which the accused will enter a plea of guilty of the offence charged — or a plea of not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence — the court shall, after accepting the plea of guilty, inquire of the prosecutor if reasonable steps were taken to inform the victims of the agreement.
Marginal note:Inquiry of court — certain indictable offences
(4.2) If the accused is charged with an offence, as defined in section 2 of the Canadian Victims Bill of Rights, that is an indictable offence for which the maximum punishment is imprisonment for five years or more, and that is not an offence referred to in subsection (4.1), and the accused and the prosecutor have entered into an agreement referred to in subsection (4.1), the court shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement.
Marginal note:Duty to inform
(4.3) If subsection (4.1) or (4.2) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.
Marginal note:Validity of plea
(4.4) Neither the failure of the court to inquire of the prosecutor, nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement, affects the validity of the plea.
Marginal note:Video links
(5) For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.
- R.S., 1985, c. C-46, s. 606
- R.S., 1985, c. 27 (1st Supp.), s. 125
- 2002, c. 13, s. 49
- 2015, c. 13, s. 21
- 2019, c. 25, s. 268
Marginal note:Special pleas
(a) autrefois acquit;
(b) autrefois convict;
(c) pardon; and
(d) an expungement order under the Expungement of Historically Unjust Convictions Act.
Marginal note:In case of libel
(2) An accused who is charged with defamatory libel may plead in accordance with sections 611 and 612.
(3) The pleas of autrefois acquit, autrefois convict, pardon and an expungement order under the Expungement of Historically Unjust Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further.
Marginal note:Pleading over
(4) When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty.
Marginal note:Statement sufficient
(5) Where an accused pleads autrefois acquit or autrefois convict, it is sufficient if he
Marginal note:Exception — foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
(a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and
(b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,
notwithstanding that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.
- R.S., 1985, c. C-46, s. 607
- R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F)
- 1992, c. 1, s. 60(F)
- 1995, c. 22, s. 10
- 2000, c. 24, s. 45
- 2013, c. 13, s. 9
- 2018, c. 11, s. 29
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.
- R.S., c. C-34, s. 536
- Date modified: