Criminal Code

Marginal note:Right to re-elect

• 561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,

  • (a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),

    • (i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,

    • (ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and

    • (iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or

  • (b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),

    • (i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or

    • (ii) any mode of trial with the written consent of the prosecutor.

• Marginal note:Right to re-elect

  (2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

• Marginal note:Notice of re-election under paragraph (1)(a)

  (3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

  • (a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or

  • (b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

• Marginal note:Notice of re-election under paragraph (1)(b) or subsection (2)

  (4) If an accused intends to re-elect under paragraph (1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

• Marginal note:Notice and transmitting record

  (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to re-elect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice,

  • (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

  • (b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

• Marginal note:Time and place for re-election

  (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

• Marginal note:Proceedings on re-election

  (7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after

  • (a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or

  • (b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.

  The accused shall be put to their re-election in the following words or in words to the like effect:

  You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?