This part of the Criminal Code is quite boring. It's all procedure for trials of serious crimes conducted without a jury. I suggest ignoring it unless you actually need to look up the information.

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Definitions
552. In this Part,

"judge" «juge»
"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 Provinces of Prince Edward Island and Newfoundland, 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,

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

(j) in Nunavut, a judge of the Nunavut Court of Justice;

"magistrate" Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103

R.S., 1985, c. C-46, s. 552; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), s. 103, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 6, c. 17, s. 13; 1992, c. 51, s. 38; 1999, c. 3, s. 36.

Jurisdiction of Provincial Court Judges

Absolute Jurisdiction

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) section 210 (keeping common bawdy-house),

(vii) Repealed, 2000, c. 25, s. 4

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

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

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

(x) paragraph 4(4)(a) of the Controlled Drugs and Substances Act, or

(xi) subsection 5(4) of the Controlled Drugs and Substances Act.

R.S., 1985, c. C-46, s. 553; R.S., 1985, c. 27 (1st Supp.), s. 104; 1992, c. 1, s. 58; 1994, c. 44, s. 57; 1995, c. 22, s. 2; 1996, c. 19, s. 72; 1997, c. 18, s. 66; 1999, c. 3, s. 37; 2000, c. 25, s. 4.

Provincial Court Judge's Jurisdiction with Consent

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.

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 and without having a preliminary inquiry.

R.S., 1985, c. C-46, s. 554; R.S., 1985, c. 27 (1st Supp.), ss. 105, 203; 1999, c. 3, s. 38.

Provincial court judge may decide to hold preliminary inquiry
555. (1) Where 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, he may, at any time before the accused has entered on his defence, decide not to adjudicate and shall thereupon inform the accused of his decision and continue the proceedings as a preliminary inquiry.

Where subject-matter is a testamentary instrument or exceeds $5,000 in value
(2) Where an accused is before a provincial court judge charged with an offence 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 five thousand dollars, the provincial court judge shall put the accused to his or her election in accordance with subsection 536(2).

Continuing proceedings
(3) Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely,

(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 his election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if he orders the accused to stand trial, the provincial court judge shall comply with subsection 536(4); 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.

R.S., 1985, c. C-46, s. 555; R.S., 1985, c. 27 (1st Supp.), ss. 106, 203; 1994, c. 44, s. 58.

Decision to hold preliminary inquiry -- 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 and continue the proceedings as a preliminary inquiry.

If subject-matter is a 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 indictable offence 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 five thousand dollars, the judge shall put the accused to an election in accordance with subsection 536.1(2).

Continuation as preliminary inquiry -- Nunavut
(3) If an accused is put to an election under subsection (2) and the accused elects to have a preliminary inquiry and 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 continue the proceedings as a preliminary inquiry under Part XVIII and, if the judge orders the accused to stand trial, the judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.

Continuing proceedings -- Nunavut
(4) If an accused is put to an election under subsection (2), and the accused elects to be tried by a judge without a jury and without having a preliminary inquiry, the judge shall endorse on the information a record of the election and continue with the trial.

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

1999, c. 3, s. 39.

Corporation
556. (1) An accused corporation shall appear by counsel or agent.

Non-appearance
(2) Where an accused corporation does not appear pursuant to a summons and service of the summons on the corporation is proved, the provincial court judge, or in Nunavut, the judge of the Nunavut Court of Justice

(a) may, if the charge is one over which he has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused corporation; and

(b) shall, if the charge is not one over which he has absolute jurisdiction, hold a preliminary inquiry in accordance with Part XVIII in the absence of the accused corporation.

Corporation not electing
(3) If an accused corporation appears but does not elect when put to an election under subsection 536(2) or 536.1(2), the provincial court judge or judge of the Nunavut Court of Justice shall hold a preliminary inquiry in accordance with Part XVIII.

R.S., 1985, c. C-46, s. 556; R.S., 1985, c. 27 (1st Supp.), s. 107; 1999, c. 3, s. 40.

Taking evidence
557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused shall be taken in accordance with the provisions of Part XVIII relating to preliminary inquiries.

R.S., 1985, c. C-46, s. 557; R.S., 1985, c. 27 (1st Supp.), s. 203; 1999, c. 3, s. 41.

Jurisdiction of Judges

Judge's Jurisdiction with Consent

Trial by judge without a jury
558. If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.

R.S., 1985, c. C-46, s. 558; R.S., 1985, c. 27 (1st Supp.), s. 108; 1999, c. 3, s. 41.

Court of record
559. (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record.

Custody of records
(2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides.

R.S., c. C-34, s. 489.

Election

Duty of judge
560. (1) If an accused elects, under section 536 or 536.1 to have a preliminary inquiry and to be tried by a judge without a jury, a judge having jurisdiction shall,

(a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or

(b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,

fix a time and place for the trial of the accused.

Notice by sheriff, when given
(2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.

Duty of sheriff when date set for trial
(3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused

(a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and

(b) shall be produced at the time and place so fixed.

Duty of accused when not in custody
(4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

(5) Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109

R.S., 1985, c. C-46, s. 560; R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 109; 1999, c. 3, s. 42.

Right to re-elect
561. (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect

(a) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge;

(b) at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and

(c) on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor.

Idem
(2) An accused who elects to be tried by a provincial court judge may, not later than fourteen days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so thereafter with the written consent of the prosecutor.

Notice
(3) Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

(a) in the case of a re-election under paragraph (1)(b), put the accused to his re-election in the manner set out in subsection (7); or

(b) where the accused wishes to re-elect under paragraph (1)(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused's intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

Idem
(4) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

Notice and transmitting record
(5) Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge 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 provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

Time and place for re-election
(6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

Proceedings on re-election
(7) The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after

(a) the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or

(b) in the case of a re-election under subsection (1) before the completion of the preliminary inquiry or under subsection (2), the information

has been read to the accused, be put to his re-election in the following words or in words to the like effect:

<blockquote>You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?</blockquote>

R.S., 1985, c. C-46, s. 561; R.S., 1985, c. 27 (1st Supp.), s. 110.

Right to re-elect -- Nunavut
561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor, except that an accused who has had a preliminary inquiry may not elect to be tried by a judge without a jury and without having had a preliminary inquiry.

Right to re-elect -- Nunavut
(2) An accused who has elected to be tried by a judge without a jury and without a preliminary inquiry may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.

Right to re-elect -- Nunavut
(3) An accused who has elected to be tried by a judge and jury or to have a preliminary inquiry and to be tried by a judge without jury may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the fifteenth day following its completion.

Notice of re-election under subsection (1) or (3) -- Nunavut
(4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).

Notice of re-election under subsection (1) -- Nunavut
(5) If an accused wishes to re-elect under subsection (1) to be tried by a judge without a jury and without having had a preliminary inquiry and a justice of the peace is presiding at the preliminary inquiry, the justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused's intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.

Notice of re-election under subsection (1) or (3) -- Nunavut
(6) If an accused wishes to re-elect under subsection (1) or (3) after the completion of a preliminary inquiry or after having elected a trial by judge without a jury and without having had a preliminary inquiry, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

Notice of re-election under subsection (2) -- Nunavut
(7) If an accused wishes to re-elect under subsection (2), the accused shall give notice in writing of the wish to re-elect to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

Time and place for re-election -- Nunavut
(8) On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.

Proceedings on re-election -- Nunavut
(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall, after

(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or

(b) in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry or under subsection (2), the information

has been read to the accused, be put to a re-election in the following words or in words to the like effect:

You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?

Application to Nunavut
(10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.

1999, c. 3, s. 43.

Proceedings following re-election
562. (1) Where the accused re-elects under paragraph 561(1)(a) before the completion of the preliminary inquiry or under subsection 561(1) after the completion of the preliminary inquiry, 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.

Idem
(2) Where the accused re-elects under paragraph 561(1)(b) before the completion of the preliminary inquiry or under subsection 561(2), 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.

Proceedings following re-election -- Nunavut
562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and without a preliminary inquiry, the judge shall proceed with the trial or appoint a time and place for the trial.

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 judge and jury or to have a preliminary inquiry and to be tried by a judge without a jury, the justice of the peace or judge shall proceed with the preliminary inquiry.

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

1999, c. 3, s. 44.

Proceedings on re-election to be tried by provincial court judge without jury
563. 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, subject to any amendments thereto 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.

Proceedings on re-election to be tried by judge without jury -- Nunavut
563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and without having a preliminary inquiry,

(a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, 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.

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

1999, c. 3, s. 45.

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

Election deemed to have been made
565. (1) Subject to subsection (1.1), 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 accused was ordered to stand trial by a provincial court judge who, pursuant to subsection 555(1), continued the proceedings before him as a preliminary inquiry;

(b) the justice, provincial court judge or judge, as the case may be, declined pursuant to section 567 to record the election or re-election of the accused; or

(c) the accused does not elect when put to an election under section 536.

Nunavut
(1.1) With respect to criminal proceedings in Nunavut, 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 accused was ordered to stand trial by a judge who, under subsection 555.1(1), continued the proceedings as a preliminary inquiry;

(b) the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.1(1) to record the election or re-election of the accused; or

(c) the accused did not elect when put to an election under section 536.1.

Where direct indictment preferred
(2) Where an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, 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 and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury.

Notice of re-election
(3) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, to a judge or clerk of the court where the indictment has been filed or preferred who 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 the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

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.

Trial

Indictment
566. (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.

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.

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.

Indictment -- Nunavut
566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence mentioned 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 without having had a preliminary inquiry, shall be on an indictment in writing setting forth the offence with which the accused is charged.

Preferring indictment -- Nunavut
(2) If an accused elects under section 536.1 or re-elects under section 561.1 to have a preliminary inquiry and to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

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).

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

1999, c. 3, s. 47.

General

Mode of trial where two or more accused
567. Notwithstanding any other provision of this Part, where two or more persons are charged with the same offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice, provincial court judge or judge

(a) may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury; and

(b) if he declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

R.S., 1985, c. C-46, s. 567; R.S., 1985, c. 27 (1st Supp.), s. 111.

Mode of trial if two or more accused -- Nunavut
567.1 (1) Despite any other provision of this Part, if two or more persons are charged with the same indictable offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice of the peace or judge

(a) may decline to record any election, re-election or deemed election

(i) for trial by a judge without a jury and without having a preliminary inquiry, or

(ii) to have a preliminary inquiry and to be tried by a judge without a jury; and

(b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

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

1999, c. 3, s. 48.

Attorney General may require trial by jury
568. The Attorney General may, notwithstanding that an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, as the case may be, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and where the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.

R.S., 1985, c. C-46, s. 568; R.S., 1985, c. 27 (1st Supp.), s. 111.

Attorney General may require trial by jury – Nunavut
569. (1) The Attorney General may, despite that an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and without having had a preliminary inquiry or to have a preliminary inquiry and to be tried by a judge without a jury, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and if the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice of the peace or a judge unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.

Application to Nunavut
(2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.

R.S., 1985, c. C-46, s. 569; R.S., 1985, c. 27 (1st Supp.), s. 111; 1999, c. 3, s. 49.

Record of conviction or order
570. (1) Where an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, shall cause a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, to be drawn up and shall deliver the certified copy to the person making the request.

Acquittal and record of acquittal
(2) Where an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence and shall cause an order in Form 37 to be drawn up, and on request shall make out and deliver to the accused a certified copy of the order.

Transmission of record
(3) Where an accused elects to be tried by a provincial court judge under this Part, the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct.

Proof of conviction, order or acquittal
(4) A copy of a conviction in Form 35 or of an order in Form 36 or 37, certified by the judge or by the clerk or other proper officer of the court, or by the provincial court judge, as the case may be, or proved to be a true copy, is, on proof of the identity of the person to whom the conviction or order relates, sufficient evidence in any legal proceedings to prove the conviction of that person or the making of the order against that person or his acquittal, as the case may be, for the offence mentioned in the copy of the conviction or order.

Warrant of committal
(5) Where an accused other than a corporation is convicted, the judge or provincial court judge, as the case may be, shall issue or cause to be issued a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.

Admissibility of certified copy
(6) Where a warrant of committal is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

R.S., 1985, c. C-46, s. 570; R.S., 1985, c. 27 (1st Supp.), ss. 112, 203, c. 1 (4th Supp.), s. 18(F); 1994, c. 44, s. 59.

Adjournment
571. A judge or provincial court judge acting under this Part may from time to time adjourn a trial until it is finally terminated.

R.S., 1985, c. C-46, s. 571; R.S., 1985, c. 27 (1st Supp.), s. 203.

Application of Parts XVI, XVIII, XX and XXIII
572. The provisions of Part XVI, the provisions of Part XVIII relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX and XXIII, in so far as they are not inconsistent with this Part, apply, with such modifications as the circumstances require, to proceedings under this Part.

R.S., 1985, c. C-46, s. 572; R.S., 1985, c. 27 (1st Supp.), s. 203.

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Part XIX.1
Nunavut Court of Justice

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