Criminal Code

Marginal note:Mode of trial if two or more accused — Nunavut

• 567.1 (1) Despite any other provision of this Part, if two or more persons are charged with the same indictable offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice of the peace or judge

  • (a) may decline to record any election, re-election or deemed election

    • (i) for trial by a judge without a jury and without having a preliminary inquiry, or

    • (ii) to have a preliminary inquiry and to be tried by a judge without a jury; and

  • (b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

• Marginal note:Application to Nunavut

  (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.