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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-09-11 and last amended on 2021-08-27. Previous Versions

PART XXProcedure in Jury Trials and General Provisions (continued)

Trial (continued)

Marginal note:Remote appearance

 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.

Marginal note:Pre-charge conference

 A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury.

  • 1997, c. 18, s. 78

Marginal note:Summing up by prosecutor

  •  (1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up.

  • Marginal note:Summing up by accused

    (2) Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence.

  • Marginal note:Accused’s right of reply

    (3) Where no witnesses are examined for an accused, he or his counsel is entitled to address the jury last, but otherwise counsel for the prosecution is entitled to address the jury last.

  • Marginal note:Prosecutor’s right of reply where more than one accused

    (4) Where two or more accused are tried jointly and witnesses are examined for any of them, all the accused or their respective counsel are required to address the jury before it is addressed by the prosecutor.

  • R.S., c. C-34, s. 578

Marginal note:View

  •  (1) The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial.

  • Marginal note:Directions to prevent communication

    (2) Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.

  • Marginal note:Who shall attend

    (3) Where a view is ordered under subsection (1), the accused and the judge shall attend.

  • R.S., c. C-34, s. 579

Marginal note:Trying of issues of indictment by jury

  •  (1) After the charge to the jury, the jury shall retire to try the issues of the indictment.

  • Marginal note:Reduction of number of jurors to 12

    (2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.

  • 2011, c. 16, s. 13

Marginal note:Disagreement of jury

  •  (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require.

  • Marginal note:Discretion not reviewable

    (2) A discretion that is exercised under subsection (1) by a judge is not reviewable.

  • R.S., c. C-34, s. 580

Marginal note:Mistrial — rulings binding at new trial

 In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented.

  • 2011, c. 16, s. 14

Marginal note:Proceeding on Sunday, etc., not invalid

 The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday.

  • R.S., c. C-34, s. 581

Evidence on Trial

Marginal note:Admissions at trial

 Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.

  • R.S., c. C-34, s. 582

Marginal note:Presumption — valuable minerals

 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.

  • R.S., 1985, c. C-46, s. 656
  • 1999, c. 5, s. 24

Marginal note:Use in evidence of statement by accused

 A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it.

  • R.S., 1985, c. C-46, s. 657
  • 1994, c. 44, s. 62

Marginal note:Proof of ownership and value of property

  •  (1) In any proceedings, an affidavit or a solemn declaration of a person who claims to be the lawful owner of, or the person lawfully entitled to possession of, property that was the subject-matter of the offence, or any other person who has specialized knowledge of the property or of that type of property, containing the statements referred to in subsection (2), shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.

  • Marginal note:Statements to be made

    (2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration

    • (a) that the person is the lawful owner of, or is lawfully entitled to possession of, the property, or otherwise has specialized knowledge of the property or of property of the same type as that property;

    • (b) the value of the property;

    • (c) in the case of a person who is the lawful owner of or is lawfully entitled to possession of the property, that the person has been deprived of the property by fraudulent means or otherwise without the lawful consent of the person;

    • (c.1) in the case of proceedings in respect of an offence under section 342, that the credit card had been revoked or cancelled, is a false document within the meaning of section 321 or that no credit card that meets the exact description of that credit card was ever issued; and

    • (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (a) to (c.1).

  • Marginal note:Notice of intention to produce affidavit or solemn declaration

    (3) Unless the court orders otherwise, no affidavit or solemn declaration shall be received in evidence pursuant to subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of intention to produce it in evidence.

  • Marginal note:Attendance for examination

    (4) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration.

  • R.S., 1985, c. 23 (4th Supp.), s. 3
  • 1994, c. 44, s. 63
  • 1997, c. 18, s. 79
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