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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART XIXIndictable Offences — Trial Without Jury (continued)

Jurisdiction of Provincial Court Judges (continued)

Provincial Court Judge’s Jurisdiction with Consent

Marginal note:Trial by provincial court judge with consent

  •  (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge.

  • Marginal note:Nunavut

    (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

  • R.S., 1985, c. C-46, s. 554
  • R.S., 1985, c. 27 (1st Supp.), ss. 105, 203
  • 1999, c. 3, s. 38
  • 2002, c. 13, s. 31

Marginal note:If charge should be prosecuted by indictment

  •  (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

  • Marginal note:Election before justice

    (1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

    You have the option to elect to be tried by a superior court 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 are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Continuing proceedings

    (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.

  • Marginal note:If subject matter is testamentary instrument or exceeds $5,000 in value

    (2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1).

  • Marginal note:Continuing proceedings

    (3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply:

    • (a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

    • (b) if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial.

  • R.S., 1985, c. C-46, s. 555
  • R.S., 1985, c. 27 (1st Supp.), ss. 106, 203
  • 1994, c. 44, s. 58
  • 2002, c. 13, s. 32
  • 2019, c. 25, s. 252

Marginal note:If charge should be prosecuted by indictment — Nunavut

  •  (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

  • Marginal note:Election before justice

    (1.1) If the judge has decided not to adjudicate, the judge shall 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 are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Continuing proceedings

    (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.

  • Marginal note:If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut

    (2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1).

  • Marginal note:Continuing proceedings — Nunavut

    (3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.

  • Marginal note:Application to Nunavut

    (4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 39
  • 2002, c. 13, s. 33
  • 2019, c. 25, s. 253

Marginal note:Organization

  •  (1) An accused organization shall appear by counsel or agent.

  • Marginal note:Non-appearance

    (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice

    • (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and

    • (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested

    (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested — Nunavut

    (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

  • R.S., 1985, c. C-46, s. 556
  • R.S., 1985, c. 27 (1st Supp.), s. 107
  • 1999, c. 3, s. 40
  • 2002, c. 13, s. 34
  • 2003, c. 21, ss. 9, 22

Marginal note:Taking evidence

 If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries.

  • R.S., 1985, c. C-46, s. 557
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1999, c. 3, s. 41
  • 2002, c. 13, s. 35

Jurisdiction of Judges

Judge’s Jurisdiction with Consent

Marginal note:Trial by judge without a jury

 If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.

  • R.S., 1985, c. C-46, s. 558
  • R.S., 1985, c. 27 (1st Supp.), s. 108
  • 1999, c. 3, s. 41

Marginal note:Court of record

  •  (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record.

  • Marginal note:Custody of records

    (2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides.

  • R.S., c. C-34, s. 489
 
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