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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART XIXIndictable Offences — Trial Without Jury (continued)

Jurisdiction of Judges (continued)

Election (continued)

Marginal note:Proceedings following re-election

  •  (1) If the accused re-elects under subparagraph 561(1)(a)(i) before the completion of the preliminary inquiry, under paragraph 561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)(b), the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election

    (2) If the accused re-elects under subparagraph 561(1)(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), the justice shall proceed with the preliminary inquiry.

  • R.S., 1985, c. C-46, s. 562
  • R.S., 1985, c. 27 (1st Supp.), s. 110
  • 2019, c. 25, s. 256

Marginal note:Proceedings following re-election — Nunavut

  •  (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), or if the accused re-elects any other mode of trial under subsection 561.1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election — Nunavut

    (2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.

  • Marginal note:Application to Nunavut

    (3) This section, and not section 562, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 44
  • 2002, c. 13, s. 39
  • 2019, c. 25, s. 257

Marginal note:Proceedings on re-election to be tried by provincial court judge without jury

 Where an accused re-elects under section 561 to be tried by a provincial court judge,

  • (a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, if applicable, subject to any amendments to the information that may be allowed by the provincial court judge by whom the accused is tried; and

  • (b) the provincial court judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • R.S., 1985, c. C-46, s. 563
  • R.S., 1985, c. 27 (1st Supp.), s. 110
  • 2019, c. 25, s. 258

Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut

  •  (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection,

    • (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, subject to any amendments that may be allowed by the judge by whom the accused is tried; and

    • (b) the judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 563, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 45
  • 2002, c. 13, s. 40
  • 2019, c. 25, s. 259

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 110]

Marginal note:Election deemed to have been made

  •  (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

    • (a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 or subsection 567.1(1); or

    • (b) the accused does not elect when put to an election under section 536 or 536.1.

  • (1.1) [Repealed, 2019, c. 25, s. 260]

  • Marginal note:When direct indictment preferred

    (2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.

  • Marginal note:Notice of re-election

    (3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

  • Marginal note:Application

    (4) Subsections 561(6) and (7), or subsections 561.1(8) and (9), as the case may be, apply to a re-election made under subsection (3).

  • R.S., 1985, c. C-46, s. 565
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 1999, c. 3, s. 46
  • 2002, c. 13, s. 41
  • 2008, c. 18, s. 23
  • 2019, c. 25, s. 260

Trial

Marginal note:Indictment

  •  (1) The trial of an accused for an indictable offence, other than a trial before a provincial court judge, shall be on an indictment in writing setting forth the offence with which he is charged.

  • Marginal note:Preferring indictment

    (2) Where an accused elects under section 536 or re-elects under section 561 to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment

    (3) Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).

  • R.S., 1985, c. C-46, s. 566
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 1997, c. 18, s. 67

Marginal note:Indictment — Nunavut

  •  (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.

  • Marginal note:Preferring indictment — Nunavut

    (2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment — Nunavut

    (3) Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).

  • Marginal note:Application to Nunavut

    (4) This section, and not section 566, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 47
  • 2002, c. 13, s. 42
  • 2019, c. 25, s. 261

General

Marginal note:Mode of trial when two or more accused

 Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.

  • R.S., 1985, c. C-46, s. 567
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 2002, c. 13, s. 43

Marginal note:Mode of trial if two or more accused — Nunavut

  •  (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 48
  • 2002, c. 13, s. 43
 
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