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Criminal Code

Version of section 635 from 2003-01-01 to 2019-09-18:

Marginal note:Order of challenges

  •  (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror, for cause or peremptorily, and thereafter the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.

  • Marginal note:Where there are joint trials

    (2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them,

    • (a) in respect of the first juror, before the prosecutor; and

    • (b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).

  • R.S., 1985, c. C-46, s. 635
  • R.S., 1985, c. 2 (1st Supp.), s. 2
  • 1992, c. 41, s. 2

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