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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-11-16 and last amended on 2022-10-26. Previous Versions

PART XX.1Mental Disorder (continued)

Interprovincial Transfers (continued)

Marginal note:Delivery and detention of accused

 A warrant described in subsection 672.86(2) is sufficient authority

  • (a) for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and

  • (b) for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).

  • 1991, c. 43, s. 4

Marginal note:Review Board of receiving province

  •  (1) The Review Board of the prov-ince to which an accused is transferred under section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.84 as if that Review Board had made the disposition in respect of the accused.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 17

Marginal note:Other interprovincial transfers

  •  (1) If an accused who is detained in custody under a disposition made by a Review Board is transferred to another province otherwise than under section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.84.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorneys General of the provinces to and from which the accused is to be transferred as described in that subsection may, after the transfer is made, enter into an agreement subject to this Act, enabling the Review Board of the province to which an accused is transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, subject to the terms and conditions and in the circumstances set out in the agreement.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 18

Enforcement of Orders and Regulations

Marginal note:Execution of warrant anywhere in Canada

 Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 91
  • 2005, c. 22, s. 35(F)

Marginal note:Arrest without warrant for contravention of disposition

 A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply with the assessment order or disposition or any condition of it, or is about to do so.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Release or delivery of accused subject to paragraph 672.54(b) disposition order

  •  (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and

    • (a) issue a summons or appearance notice compelling the accused’s appearance before a justice; and

    • (b) deliver the accused to the place specified in the disposition or assessment order.

  • Marginal note:No release

    (2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to

      • (i) establish the identity of the accused,

      • (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,

      • (iii) prevent the commission of an offence, or

      • (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order;

    • (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or

    • (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.

  • Marginal note:Accused to be brought before justice

    (3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.

  • Marginal note:Accused subject to paragraph 672.54(c) disposition order

    (4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.

  • Marginal note:Justice not available

    (5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Where justice to release accused

  •  (1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

  • Marginal note:Notice

    (1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • Marginal note:Order of justice pending decision of Review Board

    (2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Powers of Review Board

 Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing anything that may be prescribed under this Part; and

  • (b) generally to carry out the purposes and provisions of this Part.

  • 1991, c. 43, s. 4

PART XXIAppeals — Indictable Offences

Interpretation

Marginal note:Definitions

 In this Part,

court of appeal

court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; (cour d’appel)

indictment

indictment includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d’accusation)

registrar

registrar means the registrar or clerk of the court of appeal; (registraire)

sentence

sentence includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

  • (e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

trial court

trial court means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)

  • R.S., 1985, c. C-46, s. 673
  • R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4
  • 1992, c. 1, s. 58
  • 1993, c. 45, s. 10
  • 1995, c. 22, s. 5, c. 39, ss. 155, 190
  • 1996, c. 19, s. 74
  • 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble)
  • 2002, c. 13, s. 63
  • 2005, c. 22, ss. 38, 45
  • 2006, c. 14, s. 6
  • 2013, c. 11, s. 2
  • 2018, c. 16, s. 220, c. 21, s. 21
  • 2019, c. 25, s. 278

Right of Appeal

Marginal note:Procedure abolished

 No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

  • R.S., c. C-34, s. 602

Marginal note:Right of appeal of person convicted

  •  (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

    • (a) against his conviction

      • (i) on any ground of appeal that involves a question of law alone,

      • (ii) on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

      • (iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

    • (b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Appeal against absolute term in excess of 10 years

    (2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

  • Marginal note:Appeal against section 743.6 order

    (2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

  • Marginal note:Persons under eighteen

    (2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.

  • Marginal note:Appeal against s. 745.51(1) order

    (2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

  • Marginal note:Appeals against verdicts based on mental disorder

    (3) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i), (ii) or (iii) and subject to the conditions described therein.

  • Marginal note:Where application for leave to appeal refused by judge

    (4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

  • R.S., 1985, c. C-46, s. 675
  • 1991, c. 43, s. 9
  • 1995, c. 42, s. 73
  • 1997, c. 18, s. 92
  • 1999, c. 31, s. 68
  • 2002, c. 13, s. 64
  • 2011, c. 5, s. 2

Marginal note:Right of Attorney General to appeal

  •  (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal

    • (a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone;

    • (b) against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment;

    • (c) against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or

    • (d) with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Acquittal

    (2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.

  • Marginal note:Appeal against verdict of unfit to stand trial

    (3) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone.

  • Marginal note:Appeal against ineligible parole period

    (4) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction.

  • Marginal note:Appeal against decision not to make section 743.6 order

    (5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.

  • Marginal note:Appeal against decision not to make s. 745.51(1) order

    (6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

  • R.S., 1985, c. C-46, s. 676
  • R.S., 1985, c. 27 (1st Supp.), s. 139, c. 1 (4th Supp.), s. 18(F)
  • 1991, c. 43, s. 9
  • 1995, c. 22, s. 10, c. 42, s. 74
  • 1997, c. 18, s. 93
  • 2002, c. 13, s. 65
  • 2008, c. 18, s. 28
  • 2011, c. 5, s. 3
 
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