Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Information relevant to presentation of evidence on merits to be part of court record

• 551.4 (1) When the case management judge is of the opinion that the measures to promote a fair and efficient trial that can be taken before the stage of the presentation of the evidence on the merits have been taken — including adjudicating the issues that can be decided — he or she shall ensure that the court record includes information that, in his or her opinion, may be relevant at the stage of the presentation of the evidence on the merits, including

  • (a) the names of the witnesses to be heard that have been identified by the parties;

  • (b) any admissions made and agreements reached by the parties;

  • (c) the estimated time required to conclude the trial;

  • (d) any orders and decisions; and

  • (e) any issues identified by the parties that are to be dealt with at the stage of the presentation of the evidence on the merits.

• Marginal note:Exception

  (2) This section does not apply to a case management judge who also hears the evidence on the merits.

Marginal note:Trial continuous

551.5 Even if the judge who hears the evidence on the merits is not the same as the case management judge, the trial of an accused shall proceed continuously, subject to adjournment by the court.

Marginal note:Issues referred to case management judge

• 551.6 (1) During the presentation of the evidence on the merits, the case management judge shall adjudicate any issue referred to him or her by the judge hearing the evidence on the merits.

• Marginal note:Powers at stage of presentation of evidence on merits

  (2) For the purposes of adjudicating an issue, the case management judge may exercise the powers of a trial judge.

Marginal note:Decision whether to hold joint hearing

• 551.7 (1) If an issue referred to in any of subparagraphs 551.3(1)(g)(i) to (iii) is to be adjudicated in related trials that are to be or are being held in the same province before a court of the same jurisdiction, the Chief Justice or the Chief Judge of that court or his or her designate may, on application by the prosecutor or the accused or on his or her own motion, determine if it is in the interests of justice, including ensuring consistent decisions, to adjudicate that issue at a joint hearing for some or all of those trials.

• Marginal note:Considerations

  (2) To make the determination, the Chief Justice or the Chief Judge or his or her designate

  • (a) shall take into account, among other considerations, the degree to which the evidence relating to the issue is similar in the related trials; and

  • (b) may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held.

• Marginal note:Order for joint hearing

  (3) If the Chief Justice or the Chief Judge or his or her designate determines that it is in the interests of justice to adjudicate the issue at a joint hearing for some or all of the related trials, he or she shall issue an order

  • (a) declaring that a joint hearing be held to adjudicate the issue in the related trials that he or she specifies;

  • (b) naming the parties who are to appear at the hearing;

  • (c) appointing a judge to adjudicate the issue; and

  • (d) designating the territorial division in which the hearing is to be held, if the trials are being held in different territorial divisions.

• Marginal note:Limitation — indictable offence

  (4) However, the order may only be made in respect of a trial for an indictable offence, other than a trial before a provincial court judge, if the indictment has been preferred.

• Marginal note:Order in court record and transmission to parties

  (5) The Chief Justice or the Chief Judge or his or her designate shall cause a copy of the order to be included in the court record of each of the trials specified in the order and to be provided to each of the parties named in it.

• Marginal note:Transmission of court record

  (6) If one of the specified trials is being held in a territorial division other than the one in which the joint hearing will be held, the officer in that territorial division who has custody of the indictment or information and the writings relating to the trial shall, when he or she receives the order, transmit the indictment or information and the writings without delay to the clerk of the court before which the joint hearing is to be held.

• Marginal note:Order to appear at joint hearing

  (7) The judge appointed under the order shall require the parties who are named in it to appear at the joint hearing.

• Marginal note:Removal of prisoner

  (8) The order made under subsection (2) or (3) is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for an accused’s removal, disposal and reception in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison for the territorial division in which the hearing, as the case may be, is to be held.

• Marginal note:Powers of judge

  (9) The judge appointed under the order may, as a trial judge and for the purpose of adjudicating the issue at the joint hearing, exercise the powers of a trial judge.

• Marginal note:Adjudication at trial

  (10) When the judge adjudicates the issue, he or she is doing so at trial.

• Marginal note:Decision in court records and return of documents

  (11) Once the judge has adjudicated the issue, he or she shall cause his or her decision, with reasons, to be included in the court record of each of the related trials in respect of which the joint hearing was held and, in the case of a trial for which an indictment, information or writings were transmitted by an officer under subsection (6), the judge shall have the documents returned to the officer.

PART XIXIndictable Offences — Trial Without Jury

Interpretation

Marginal note:Definitions

552 In this Part,

judge

judge means,

• (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

• (b) in the Province of Quebec, a judge of the Court of Quebec,

• (c) in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province,

• (d) in the Province of New Brunswick, a judge of the Court of Queen’s Bench,

• (e) in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court,

• (f) in the Province of Prince Edward Island, a judge of the Supreme Court,

• (g) in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen’s Bench,

• (h) in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province,

• (h.1) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court,

• (i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

• (j) in Nunavut, a judge of the Nunavut Court of Justice. (juge)

magistrate

magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103]

Jurisdiction of Provincial Court Judges

Absolute Jurisdiction

Marginal note:Absolute jurisdiction

553 The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

• (a) with

  • (i) theft, other than theft of cattle,

  • (ii) obtaining money or property by false pretences,

  • (iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment,

  • (iv) having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security, or

  • (v) mischief under subsection 430(4),

  where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars;

• (b) with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of

  • (i) any offence referred to in paragraph (a) in respect of the subject-matter and value thereof referred to in that paragraph, or

  • (ii) any offence referred to in paragraph (c); or

• (c) with an offence under

  • (i) section 201 (keeping gaming or betting house),

  • (ii) section 202 (betting, pool-selling, book-making, etc.),

  • (iii) section 203 (placing bets),

  • (iv) section 206 (lotteries and games of chance),

  • (v) section 209 (cheating at play),

  • (vi) [Repealed, 2019, c. 25, s. 251.1]

  • (vii) [Repealed, 2000, c. 25, s. 4]

  • (viii) section 393 (fraud in relation to fares),

  • (viii.01) section 490.031 (failure to comply with order or obligation),

  • (viii.02) section 490.0311 (providing false or misleading information),

  • (viii.1) section 811 (breach of recognizance),

  • (ix) subsection 733.1(1) (failure to comply with probation order), or

  • (x) paragraph 4(4)(a) of the Controlled Drugs and Substances Act.

  • (xi) [Repealed, 2018, c. 16, s. 219]

Provincial Court Judge’s Jurisdiction with Consent

Marginal note:Trial by provincial court judge with consent

• 554 (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge.

• Marginal note:Nunavut

  (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

Marginal note:If charge should be prosecuted by indictment

• 555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

• Marginal note:Election before justice

  (1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

  You have the option to elect to be tried by a judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

• Marginal note:Continuing proceedings

  (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.

• Marginal note:If subject matter is testamentary instrument or exceeds $5,000 in value

  (2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1).

• Marginal note:Continuing proceedings

  (3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply:

  • (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

  • (b) if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial.

Marginal note:If charge should be prosecuted by indictment — Nunavut

• 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

• Marginal note:Election before justice

  (1.1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

  You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

• Marginal note:Continuing proceedings

  (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.

• Marginal note:If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut

  (2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1).

• Marginal note:Continuing proceedings — Nunavut

  (3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.

• Marginal note:Application to Nunavut

  (4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.