Marginal note:Jurisdiction when appointment to another court
669.3 Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to have jurisdiction in respect of the trial until its completion.
- 1994, c. 44, s. 66.
Formal Defects in Jury Process
Marginal note:Judgment not to be stayed on certain grounds
670. Judgment shall not be stayed or reversed after verdict on an indictment
(a) by reason of any irregularity in the summoning or empanelling of the jury; or
(b) for the reason that a person who served on the jury was not returned as a juror by a sheriff or other officer.
- R.S., c. C-34, s. 598.
Marginal note:Directions respecting jury or jurors directory
671. No omission to observe the directions contained in any Act with respect to the qualification, selection, balloting or distribution of jurors, the preparation of the jurors’ book, the selecting of jury lists or the drafting of panels from the jury lists is a ground for impeaching or quashing a verdict rendered in criminal proceedings.
- R.S., c. C-34, s. 599.
Marginal note:Saving powers of court
672. Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1, 1955, with respect to trials by jury, jury process, juries or jurors, except where the power or authority, practice or form is expressly altered by or is inconsistent with this Act.
- R.S., c. C-34, s. 600.
672.1 (1) In this Part,
« accusé »
“accused” includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered;
« évaluation »
“assessment” means an assessment by a medical practitioner or any other person who has been designated by the Attorney General as being qualified to conduct an assessment of the mental condition of the accused under an assessment order made under section 672.11 or 672.121, and any incidental observation or examination of the accused;
« président »
“chairperson” includes any alternate that the chairperson of a Review Board may designate to act on the chairperson’s behalf;
« tribunal »
“court” includes a summary conviction court as defined in section 785, a judge, a justice and a judge of the court of appeal as defined in section 673;
« décision »
“disposition” means an order made by a court or Review Board under section 672.54 or an order made by a court under section 672.58;
“dual status offender”
« contrevenant à double statut »
“dual status offender” means an offender who is subject to a sentence of imprisonment in respect of one offence and a custodial disposition under paragraph 672.54(c) in respect of another offence;
« hôpital »
“hospital” means a place in a province that is designated by the Minister of Health for the province for the custody, treatment or assessment of an accused in respect of whom an assessment order, a disposition or a placement decision is made;
« médecin »
“medical practitioner” means a person who is entitled to practise medicine by the laws of a province;
« parties »
“party”, in relation to proceedings of a court or Review Board to make or review a disposition, means
(a) the accused,
(b) the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition,
(c) an Attorney General designated by the court or Review Board under subsection 672.5(3),
(d) any interested person designated by the court or Review Board under subsection 672.5(4), or
(e) where the disposition is to be made by a court, the prosecutor of the charge against the accused;
« ordonnance de placement »
“placement decision” means a decision by a Review Board under subsection 672.68(2) as to the place of custody of a dual status offender;
“prescribed”Version anglaise seulement
“prescribed” means prescribed by regulations made by the Governor in Council under section 672.95;
« commission d’examen »
“Review Board” means the Review Board established or designated for a province pursuant to subsection 672.38(1);
“verdict of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité criminelle pour cause de troubles mentaux »
“verdict of not criminally responsible on account of mental disorder” means a verdict that the accused committed the act or made the omission that formed the basis of the offence with which the accused is charged but is not criminally responsible on account of mental disorder.
(2) For the purposes of subsections 672.5(3) and (5), paragraph 672.86(1)(b) and subsections 672.86(2) and (2.1), 672.88(2) and 672.89(2), in respect of a territory or proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government, a reference to the Attorney General of a province shall be read as a reference to the Attorney General of Canada.
- 1991, c. 43, s. 4;
- 2005, c. 22, s. 1.
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