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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2022-06-20 and last amended on 2022-06-20. Previous Versions

PART XXProcedure in Jury Trials and General Provisions (continued)

Corroboration

Marginal note:Children’s evidence

 Any requirement whereby it is mandatory for a court to give the jury a warning about convicting an accused on the evidence of a child is abrogated.

  • R.S., 1985, c. C-46, s. 659
  • R.S., 1985, c. 19 (3rd Supp.), s. 15
  • 1993, c. 45, s. 9

Verdicts

Marginal note:Full offence charged, attempt proved

 Where the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused may be convicted of the attempt.

  • R.S., c. C-34, s. 587

Marginal note:Attempt charged, full offence proved

  •  (1) Where an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused is not entitled to be acquitted, but the jury may convict him of the attempt unless the judge presiding at the trial, in his discretion, discharges the jury from giving a verdict and directs that the accused be indicted for the complete offence.

  • Marginal note:Conviction a bar

    (2) An accused who is convicted under this section is not liable to be tried again for the offence that he was charged with attempting to commit.

  • R.S., c. C-34, s. 588

Marginal note:Offence charged, part only proved

  •  (1) A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another offence, whether punishable by indictment or on summary conviction, the accused may be convicted

    • (a) of an offence so included that is proved, notwithstanding that the whole offence that is charged is not proved; or

    • (b) of an attempt to commit an offence so included.

  • Marginal note:First degree murder charged

    (2) For greater certainty and without limiting the generality of subsection (1), where a count charges first degree murder and the evidence does not prove first degree murder but proves second degree murder or an attempt to commit second degree murder, the jury may find the accused not guilty of first degree murder but guilty of second degree murder or an attempt to commit second degree murder, as the case may be.

  • Marginal note:Conviction for infanticide or manslaughter on charge of murder

    (3) Subject to subsection (4), where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence.

  • Marginal note:Conviction for concealing body of child where murder or infanticide charged

    (4) Where a count charges the murder of a child or infanticide and the evidence proves the commission of an offence under section 243 but does not prove murder or infanticide, the jury may find the accused not guilty of murder or infanticide, as the case may be, but guilty of an offence under section 243.

  • Marginal note:Conviction for dangerous operation when another offence charged

    (5) For greater certainty, when a count charges an offence under section 220, 221 or 236 arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under that section.

  • Marginal note:Conviction for break and enter with intent

    (6) Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove that offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph.

  • R.S., 1985, c. C-46, s. 662
  • R.S., 1985, c. 27 (1st Supp.), s. 134
  • 2000, c. 2, s. 3
  • 2008, c. 6, s. 38
  • 2018, c. 21, s. 20

Marginal note:No acquittal unless act or omission not wilful

 Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child,

  • (a) she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and

  • (b) the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child,

she may be convicted unless the evidence establishes that the act or omission was not wilful.

  • R.S., c. C-34, s. 590

Previous Convictions

Marginal note:No reference to previous conviction

 No indictment in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

  • R.S., c. C-34, s. 591

 [Repealed, 1995, c. 22, s. 3]

Marginal note:Evidence of character

 Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.

  • R.S., c. C-34, s. 593

Marginal note:Proof of previous conviction

  •  (1) In any proceedings,

    • (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by

      • (i) the person who made the conviction, order for the discharge or finding of guilt,

      • (ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or

      • (iii) a fingerprint examiner;

    • (b) evidence that the fingerprints of the accused or defendant are the same as the fingerprints of the offender whose fingerprints are reproduced in or attached to a certificate issued under subparagraph (a)(iii) is, in the absence of evidence to the contrary, proof that the accused or defendant is the offender referred to in that certificate;

    • (c) a certificate of a fingerprint examiner stating that he has compared the fingerprints reproduced in or attached to that certificate with the fingerprints reproduced in or attached to a certificate issued under subparagraph (a)(iii) and that they are those of the same person is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate; and

    • (d) a certificate under subparagraph (a)(iii) may be in Form 44, and a certificate under paragraph (c) may be in Form 45.

  • Marginal note:Idem

    (2) In any proceedings, a copy of the summary conviction or discharge under section 730 in Canada of an offender, signed by the person who made the conviction or order for the discharge or by the clerk of the court in which the conviction or order for the discharge was made, is, on proof that the accused or defendant is the offender referred to in the copy of the summary conviction, evidence of the conviction or discharge under section 730 of the accused or defendant, without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Proof of identity

    (2.1) In any summary conviction proceedings, where the name of a defendant is similar to the name of an offender referred to in a certificate made under subparagraph (1)(a)(i) or (ii) in respect of a summary conviction or referred to in a copy of a summary conviction mentioned in subsection (2), that similarity of name is, in the absence of evidence to the contrary, evidence that the defendant is the offender referred to in the certificate or the copy of the summary conviction.

  • Marginal note:Attendance and right to cross-examine

    (3) An accused against whom a certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (4) No certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) shall be received in evidence unless the party intending to produce it has given to the accused reasonable notice of his intention together with a copy of the certificate.

  • Definition of fingerprint examiner

    (5) In this section, fingerprint examiner means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

  • R.S., 1985, c. C-46, s. 667
  • R.S., 1985, c. 27 (1st Supp.), s. 136, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10
  • 2002, c. 1, s. 181
  • 2005, c. 10, s. 34
  • 2008, c. 18, s. 27(F)
  • 2012, c. 1, s. 200

 [Repealed, 1995, c. 22, s. 4]

Jurisdiction

Marginal note:Jurisdiction

  •  (1) Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court judge having jurisdiction to try the accused or defendant has jurisdiction for the purpose of the hearing and adjudication.

  • Marginal note:Adjournment

    (2) Any court, judge or provincial court judge having jurisdiction to try an accused or a defendant, or any clerk or other proper officer of the court, or in the case of an offence punishable on summary conviction, any justice, may, at any time before or after the plea of the accused or defendant is taken, adjourn the proceedings.

  • R.S., 1985, c. 27 (1st Supp.), s. 137

Marginal note:Continuation of proceedings

  •  (1) Subject to this section, where an accused or a defendant is being tried by

    • (a) a judge or provincial court judge,

    • (b) a justice or other person who is, or is a member of, a summary conviction court, or

    • (c) a court composed of a judge and jury,

    as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.

  • Marginal note:Where adjudication is made

    (2) Where a verdict was rendered by a jury or an adjudication was made by a judge, provincial court judge, justice or other person before whom the trial was commenced, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, impose the punishment or make the order that is authorized by law in the circumstances.

  • Marginal note:If no adjudication made

    (3) Subject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:If no adjudication made — jury trials

    (4) If a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused, continue the trial or commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:Where trial continued

    (5) Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

  • R.S., 1985, c. 27 (1st Supp.), s. 137
  • 1994, c. 44, s. 65
  • 2011, c. 16, s. 15

Marginal note:Jurisdiction when appointment to another court

 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

 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

 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

 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

PART XX.1Mental Disorder

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    accused

    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; (accusé)

    assessment

    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; (évaluation)

    chairperson

    chairperson includes any alternate that the chairperson of a Review Board may designate to act on the chairperson’s behalf; (président)

    court

    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; (tribunal)

    disposition

    disposition means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64(1); (décision)

    dual status offender

    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; (contrevenant à double statut)

    high-risk accused

    high-risk accused means an accused who is found to be a high-risk accused by a court under subsection 672.64(1); (accusé à haut risque)

    hospital

    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; (hôpital)

    medical practitioner

    medical practitioner means a person who is entitled to practise medicine by the laws of a province; (médecin)

    party

    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; (parties)

    placement decision

    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; (ordonnance de placement)

    prescribed

    prescribed means prescribed by regulations made by the Governor in Council under section 672.95; (Version anglaise seulement)

    Review Board

    Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1); (commission d’examen)

    verdict of not criminally responsible on account of mental disorder

    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. (verdict de non-responsabilité criminelle pour cause de troubles mentaux)

  • Marginal note:Reference

    (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
  • 2014, c. 6, s. 2
 
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