Criminal Code

Marginal note:Remand by justice — Nunavut

• 536.1 (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 justice in certain cases — Nunavut

  (2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge 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 and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?

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

  (3) If an accused elects to be tried by a judge without a jury and without having had a preliminary inquiry, the justice of the peace or judge shall endorse on the information a record of the election and,

  • (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 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:Procedure if accused elects trial by judge alone or by judge and jury or deemed election — Nunavut

  (4) If an accused elects to have a preliminary inquiry and 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 an election, the justice of the peace or judge shall hold a preliminary inquiry into the charge and if the accused is ordered to stand trial, the justice of the peace or judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.

• 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 purposes of subsection (4).

• Marginal note:Application to Nunavut

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