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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-12-03 and last amended on 2019-09-19. Previous Versions

PART XVIILanguage of Accused (continued)

Marginal note:Review

  •  (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

  • 2008, c. 18, s. 21.1

 [Repealed, 1997, c. 18, s. 63]

PART XVIIIProcedure on Preliminary Inquiry

Jurisdiction

Marginal note:Inquiry by justice

 If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

  • R.S., 1985, c. C-46, s. 535
  • R.S., 1985, c. 27 (1st Supp.), s. 96
  • 2002, c. 13, s. 24
  • 2019, c. 25, s. 238

Marginal note:Remand by justice to provincial court judge in certain cases

  •  (1) Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under section 553, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed.

  • Marginal note:Election before justice — 14 years or more of imprisonment

    (2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election before justice — other indictable offences

    (2.1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

  • Marginal note:Procedure where accused elects trial by provincial court judge

    (3) Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall

    • (a) where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or

    • (b) where the justice is a provincial court judge, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.

  • Marginal note:Request for preliminary inquiry

    (4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (4.1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

    • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

    • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2.1)

    (4.12) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:When no request for preliminary inquiry

    (4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.

  • Marginal note:Jurisdiction

    (5) Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4).

  • R.S., 1985, c. C-46, s. 536
  • R.S., 1985, c. 27 (1st Supp.), s. 96
  • 2002, c. 13, s. 25
  • 2004, c. 12, s. 9
  • 2019, c. 25, s. 239

Marginal note:Remand by justice — Nunavut

  •  (1) If an accused is before a justice of the peace charged with an indictable offence mentioned in section 553, the justice of the peace shall remand the accused to appear before a judge.

  • Marginal note:Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment

    (2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election before judge or justice of the peace in Nunavut — other indictable offences

    (2.1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

  • Marginal note:Request for preliminary inquiry — Nunavut

    (3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

    • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

    • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2.1)

    (4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:Procedure if accused elects trial by judge — Nunavut

    (4.2) If no request for a preliminary inquiry is made under subsection (3),

    • (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or

    • (b) if the accused is before a judge, the judge shall

      • (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or

      • (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.

  • Marginal note:Jurisdiction — Nunavut

    (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3).

  • Marginal note:Application to Nunavut

    (6) This section, and not section 536, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 35
  • 2002, c. 13, s. 26
  • 2004, c. 12, s. 10
  • 2019, c. 25, s. 240
 
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