Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Separation of jurors

• 647. (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate.

• Marginal note:Keeping in charge

  (2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.

• Marginal note:Non-compliance with subsection (2)

  (3) Failure to comply with subsection (2) does not affect the validity of the proceedings.

• Marginal note:Empanelling new jury in certain cases

  (4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and

  • (a) direct that the accused be tried with a new jury during the same session or sittings of the court; or

  • (b) postpone the trial on such terms as justice may require.

• Marginal note:Refreshment and accommodation

  (5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.

Marginal note:Restriction on publication

• 648. (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

• Marginal note:Offence

  (2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.

• (3) [Repealed, 2005, c. 32, s. 21]

Marginal note:Disclosure of jury proceedings

649. Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of

• (a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or

• (b) giving evidence in criminal proceedings in relation to such an offence,

discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.