PART XXProcedure in Jury Trials and General Provisions (continued)
Empanelling Jury (continued)
Marginal note:Discharge of juror
Marginal note:Replacement of juror
(1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.
Marginal note:Trial may continue
(2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly.
- R.S., 1985, c. C-46, s. 644;
- 1992, c. 41, s. 6;
- 1997, c. 18, s. 75.
Marginal note:Trial continuous
(2) A judge may adjourn a trial from time to time in the same sittings.
Marginal note:Formal adjournment unnecessary
(3) For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required.
Marginal note:Questions reserved for decision
(4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.
Marginal note:Questions reserved for decision in a trial with a jury
(5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.
- R.S., 1985, c. C-46, s. 645;
- R.S., 1985, c. 27 (1st Supp.), s. 133;
- 1997, c. 18, s. 76;
- 2001, c. 32, s. 43.
Marginal note:Taking evidence
646 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.
- R.S., 1985, c. C-46, s. 646;
- 2002, c. 13, s. 59.
Marginal note:Separation of jurors
Marginal note:Keeping in charge
(2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.
Marginal note:Non-compliance with subsection (2)
(3) Failure to comply with subsection (2) does not affect the validity of the proceedings.
Marginal note:Empanelling new jury in certain cases
(4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and
Marginal note:Refreshment and accommodation
(5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.
- R.S., c. C-34, s. 576;
- 1972, c. 13, s. 48.
Marginal note:Restriction on publication
648 (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.
(2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.
(3) [Repealed, 2005, c. 32, s. 21]
- R.S., 1985, c. C-46, s. 648;
- 2005, c. 32, s. 21.
Marginal note:Disclosure of jury proceedings
649 Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of
(a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
(b) giving evidence in criminal proceedings in relation to such an offence,
discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.
- R.S., 1985, c. C-46, s. 649;
- 1998, c. 9, s. 7.
Marginal note:Accused to be present
Marginal note:Video links
(1.1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken.
Marginal note:Video links
(1.2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
(2) The court may
(a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;
(b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or
(c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.
Marginal note:To make defence
(3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.
- R.S., 1985, c. C-46, s. 650;
- 1991, c. 43, s. 9;
- 1994, c. 44, s. 61;
- 1997, c. 18, s. 77;
- 2002, c. 13, s. 60;
- 2003, c. 21, s. 12.
Marginal note:Designation of counsel of record
Marginal note:Contents of designation
(2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.
Marginal note:Effect of designation
(3) If a designation is filed,
(a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than
(b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and
(c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.
Marginal note:When court orders presence of accused
(4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may
- 2002, c. 13, s. 61.
- Date modified: