This part of the Criminal Code is quite boring. It's all procedure for trials, jury selection, stuff like that. I suggest ignoring it unless you actually need to look up the information. It's also long, I'll have to split it into two parts.
Part XX: Section 2 of 2
may prefer indictment
574. (1) Subject to subsection (3) and section 577, the prosecutor may prefer an indictment against any person who has been ordered to stand trial
in respect of
(a) any charge on which that person was ordered to stand trial, or
(b) any charge founded on the facts disclose
d by the evidence taken on the preliminary
inquiry, in addition to or in substitution
for any charge on which that person was ordered to stand trial,
whether or not the charges were included in one information
to inclusion of other charges
(2) An indictment preferred under subsection (1) may, if the accused consents, include any charge that is not referred to in paragraph (1)(a) or (b), and the offence charged may be dealt with, tried and determine
d and punish
ed in all respects as if it were an offence in respect of which the accused had been ordered to stand trial, but if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.
(3) In any prosecution conducted by a prosecutor other than the Attorney General
and in which the Attorney General does not intervene
, an indictment shall not be preferred under subsection (1) before any court without the written order of a judge of that court.
R.S., 1985, c. C-46, s. 574; R.S., 1985, c. 27 (1st Supp.), s. 113.
575. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113
576. (1) Except as provided in this Act, no indictment shall be preferred.
Criminal information and bill of indictment
(2) No criminal information shall be laid or granted and no bill of indictment shall be preferred before a grand jury
(3) No person shall be tried on a coroner's inquisition
R.S., 1985, c. C-46, s. 576; R.S., 1985, c. 27 (1st Supp.), s. 114.
577. In any prosecution,
(a) where a preliminary inquiry has not been held, an indictment shall not be preferred, or
(b) where a preliminary inquiry has been held and the accused has been discharge
d, an indictment shall not be preferred or a new information shall not be laid
before any court without,
(c) where the prosecution is conducted by the Attorney General or the Attorney General intervenes in the prosecution, the personal consent in writing of the Attorney General or Deputy
Attorney General, or
(d) where the prosecution
is conducted by a prosecutor other than the Attorney General and the Attorney General does not intervene in the prosecution, the written order of a judge of that court.
R.S., 1985, c. C-46, s. 577; R.S., 1985, c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18(F).
578. (1) Where notice of the recommencement
of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue
(a) a summons addressed to, or
(b) a warrant
for the arrest of,
the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment.
(2) The provisions of Part XVI
apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1).
R.S., 1985, c. C-46, s. 578; R.S., 1985, c. 27 (1st Supp.), s. 116.
Attorney General may direct stay
579. (1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction, and such entry shall be made forthwith thereafter, whereupon the proceedings shall be stayed accordingly and any recognizance relating to the proceedings is vacated.
Recommencement of proceedings
(2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.
R.S., 1985, c. C-46, s. 579; R.S., 1985, c. 27 (1st Supp.), s. 117.
by Attorney General of Canada
579.1 (1) The Attorney General of Canada or counsel instructed by him or her for that purpose may intervene in proceedings in the following circumstances:
(a) the proceedings are in respect of a contravention
of, a conspiracy
or attempt to contravene
or counselling the contravention of an Act of Parliament
or a regulation made under that Act, other than this Act or a regulation made under this Act;
(b) the proceedings have not been instituted by an Attorney General;
(c) judgment has not been rendered; and
(d) the Attorney General of the province in which the proceedings are taken has not intervened.
Section 579 to apply
(2) Section 579 applies, with such modifications as the circumstances require, to proceedings in which the Attorney General of Canada intervenes pursuant to this section.
1994, c. 44, s. 60.
Form of indictment
580. An indictment is sufficient if it is on paper and is in Form 4.
R.S., 1985, c. C-46, s. 580; R.S., 1985, c. 27 (1st Supp.), s. 117.
s respecting Counts
581. (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified.
Form of statement
(2) The statement referred to in subsection (1) may be
(a) in popular language without technical averment
s or allegations of matters that are not essential to be proved;
(b) in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or
(c) in words that are sufficient to give to the accused notice of the offence with which he is charged.
Details of circumstance
(3) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission
to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency
of details does not vitiate the count.
Indictment for treason
(4) Where an accused is charged with an offence under section 47 or sections 49 to 53, every overt act that is to be relied on shall be stated in the indictment.
Reference to section
(5) A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference.
General provisions not restricted
(6) Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section.
R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118.
High treason and first degree murder
582. No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.
R.S., c. C-34, s. 511; 1973-74, c. 38, s. 4; 1974-75-76, c. 105, s. 6.
Certain omissions not grounds for objection
583. No count in an indictment is insufficient by reason of the absence
s where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing
, no count in an indictment is insufficient by reason only that
(a) it does not name the person injured
or intended or attempted to be injured;
(b) it does not name the person who owns or has a special property or interest in property mentioned in the count;
(c) it charges an intent to defraud
without naming or describing the person whom it was intended to defraud;
(d) it does not set out any writing that is the subject of the charge;
(e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;
(f) it does not specify the means by which the alleged offence was committed;
(g) it does not name or describe with precision
any person, place or thing; or
(h) it does not, where the consent of a person, official
is required before proceedings may be instituted for an offence, state that the consent has been obtained.
R.S., c. C-34, s. 512.
Special Provisions respecting Counts
Sufficiency of count charging libel
584. (1) No count for publishing a blasphemous
libel, or for selling or exhibiting an obscene
or other written matter, is insufficient
by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
(2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo
made the publication thereof
criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.
(3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.
R.S., c. C-34, s. 513.
Sufficiency of count charging perjury, etc.
585. No count that charges
(b) the making of a false oath
or a false statement,
(d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c),
is insufficient by reason only that it does not state the nature of the authority
of the tribunal
before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative
the truth of the words used.
R.S., 1985, c. C-46, s. 585; 1992, c. 1, s. 60(F).
of count relating to fraud
586. No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.
R.S., c. C-34, s. 515.
What may be ordered
587. (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars
(a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;
(b) of any false pretence
or fraud that is alleged;
(c) of any alleged attempt or conspiracy by fraudulent means;
(d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibit
ing an obscene
book, pamphlet, newspaper, printing or writing;
(e) further describing any writing or words that are the subject of a charge;
(f) further describing the means by which an offence is alleged to have been committed; or
(g) further describing a person, place or thing referred to in an indictment.
Regard to evidence
(2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.
(3) Where a particular is delivered pursuant to this section,
(a) a copy shall be given without charge to the accused or his counsel;
(b) the particular shall be entered in the record; and
(c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.
R.S., 1985, c. C-46, s. 587; R.S., 1985, c. 27 (1st Supp.), s. 7.
588. The real and personal property of which a person has, by law, the management
, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.
R.S., c. C-34, s. 517.
Count for murder
589. No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless
(a) the count that charges the offence other than murder arises out of the same transaction
as a count that charges murder; or
(b) the accused signifies consent to the joinder of the counts.
R.S., 1985, c. C-46, s. 589; 1991, c. 4, s. 2.
Offences may be charged in the alternative
590. (1) A count is not objectionable by reason only that
(a) it charges in the alternative
several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or
(b) it is double or multifarious
Application to amend
or divide counts
(2) An accused may at any stage of his trial apply to the court to amend or to divide a count that
(a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declare
s that the matters, acts or omissions charged are an indictable offence, or
(b) is double or multifarious,
on the ground that, as framed, it embarrasses him in his defence.
(3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.
R.S., c. C-34, s. 519.
Joinder of counts
591. (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4.
Each count separate
(2) Where there is more than one count in an indictment, each count may be treated as a separate indictment.
of accused and counts
(3) The court may, where it is satisfied that the interests of justice so require, order
(a) that the accused or defendant be tried separately on one or more of the counts; and
(b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.
Order for severance
(4) An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts
(a) on which the trial does not proceed; or
(b) in respect of the accused or defendant who has been granted a separate trial.
(5) The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment.
(6) Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation
to which the order was made as if they were contained in a separate indictment
R.S., 1985, c. C-46, s. 591; R.S., 1985, c. 27 (1st Supp.), s. 119.
Joinder of Accused in Certain Cases
Accessories after the fact
592. Any one who is charged with being an accessory
after the fact to any offence may be indicted, whether or not the principal
or any other party to the offence has been indicted or convicted or is or is not amenable to justice.
R.S., c. C-34, s. 521.
Trial of persons jointly for having in possession
593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or paragraph 356(1)(b), notwithstanding that
(a) the property was had in possession at different times; or
(b) the person by whom the property was obtained
(i) is not indicted with them, or
(ii) is not in custody or is not amenable
of one or more
(2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.
R.S., c. C-34, s. 522.
594. to 596. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120
Proceedings when Person Indicted is at Large
597. (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance
for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest
(2) A warrant issued under subsection (1) may be executed anywhere in Canada.
(3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking
that he will do any one or more of the following things as specified in the order, namely,
(a) report at times to be stated in the order to a peace officer
or other person designated in the order;
(b) remain within a territorial
jurisdiction specified in the order;
the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;
(e) where the accused is the holder of a passport
, deposit his passport as specified in the order; and
(f) comply with such other reasonable conditions specified in the order as the judge considers desirable.
(4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.
Deemed execution of warrant
(5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
R.S., 1985, c. C-46, s. 597; R.S., 1985, c. 27 (1st Supp.), s. 121; 1997, c. 18, s. 68.
Election deemed to be waived
598. (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless
(a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or
(b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.
Election deemed to be waived
(2) An accused who, pursuant to subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried by a judge without a jury and section 561 or 561.1, as the case may be, does not apply in respect of the accused.
R.S., 1985, c. C-46, s. 598; R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E); 1999, c. 3, s. 51.
Change of Venue
Reasons for change of venue
599. (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if
(a) it appears expedient
to the ends of justice; or
(b) a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held.
(2) Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16
s respecting expense
(3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.
(4) Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit them forthwith
to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commence
d, shall be continued in that court.
(5) Where the writings and exhibit
s referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon
transmit them to the clerk of the court before which the trial is to be held.
R.S., 1985, c. C-46, s. 599; R.S., 1985, c. 1 (4th Supp.), s. 16.
Order is authority to remove prisoner
600. An order that is made under section 599 is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for the removal, disposal and reception of an accused 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 in the territorial division in which the trial is ordered to be held.
R.S., c. C-34, s. 528.
Amending defective indictment or count
601. (1) An objection to an indictment or to a count in an indictment for a defect apparent on the face thereof shall be taken by motion to quash the indictment or count before the accused has pleaded, and thereafter only by leave of the court before which the proceedings take place, and the court before which an objection is taken under this section may, if it considers it necessary, order the indictment or count to be amended to cure the defect.
Amendment where variance
(2) Subject to this section, a court may, on the trial of an indictment, amend the indictment or a count therein or a particular that is furnished under section 587, to make the indictment, count or particular conform to the evidence, where there is a variance between the evidence and
(a) a count in the indictment as preferred; or
(b) a count in the indictment
(i) as amended, or
(ii) as it would have been if it had been amended in conformity with any particular that has been furnished pursuant to section 587.
(3) Subject to this section, a court shall, at any stage of the proceedings, amend the indictment or a count therein as may be necessary where it appears
(a) that the indictment has been preferred under a particular Act of Parliament instead of another Act of Parliament
(b) that the indictment or a count thereof
(i) fails to state or states defective
ly anything that is requisite
(ii) does not negative an exception that should be negatived,
(iii) is in any way defective in substance,
and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the preliminary inquiry or on the trial; or
(c) that the indictment or a count thereof is in any way defective in form.
Matters to be consider
ed by the court
(4) The court shall, in considering whether or not an amendment should be made to the indictment or a count in it, consider
(a) the matters disclosed by the evidence taken on the preliminary inquiry;
(b) the evidence taken on the trial, if any;
(c) the circumstances of the case;
(d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) or (3); and
(e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.
Variance not material
(4.1) A variance between the indictment or a count therein and the evidence taken is not material with respect to
(a) the time when the offence is alleged to have been committed, if it is proved that the indictment was preferred within the prescribed period of limitation, if any; or
(b) the place where the subject-matter of the proceedings is alleged to have arisen, if it is proved that it arose within the territorial jurisdiction of the court.
if accused prejudiced
(5) Where, in the opinion of the court, the accused has been misled or prejudiced in his defence by a variance, error or omission in an indictment or a count therein, the court may, if it is of the opinion that the misleading or prejudice may be removed by an adjournment, adjourn the proceedings to a specified day or sittings of the court and may make such an order with respect to the payment
of costs resulting from the necessity for amendment as it considers desirable.
(6) The question whether an order to amend an indictment or a count thereof should be granted or refused is a question of law.
(7) An order to amend an indictment or a count therein shall be endorse
d on the indictment as part of the record and the proceedings shall continue as if the indictment or count had been originally preferred as amended.
Mistakes not material
(8) A mistake
in the heading of an indictment shall be corrected as soon as it is discovered but, whether corrected or not, is not material.
(9) The authority
of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 49, 50, 51 and 53.
Definition of "court
(10) In this section, "court" means a court, judge, justice or provincial court judge acting in summary conviction proceedings or in proceedings on indictment.
(11) This section applies to all proceedings, including preliminary inquiries, with such modifications as the circumstances require.
R.S., 1985, c. C-46, s. 601; R.S., 1985, c. 27 (1st Supp.), s. 123; 1999, c. 5, s. 23(E).
602. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124
Inspection and Copies of Document
Right of accused
603. An accused is entitled, after he has been ordered to stand trial or at his trial,
(a) to inspect without charge the indictment, his own statement, the evidence
and the exhibits, if any; and
(b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General
of the province, a copy
(i) of the evidence,
(ii) of his own statement, if any, and
(iii) of the indictment;
but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.
R.S., 1985, c. C-46, s. 603; R.S., 1985, c. 27 (1st Supp.), s. 101(E).
604. Repealed, 1997, c. 18, s. 69
Release of exhibits for testing
605. (1) A judge of a superior court of criminal jurisdiction
or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor
, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.
(2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.
R.S., 1985, c. C-46, s. 605; R.S., 1985, c. 27 (1st Supp.), s. 203.
606. (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.
Refusal to plead
(2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.
(3) An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.
Included or other offence
(4) Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.
R.S., 1985, c. C-46, s. 606; R.S., 1985, c. 27 (1st Supp.), s. 125.
607. (1) An accused may plead the special pleas of
(a) autrefois acquit
(b) autrefois convict; and
In case of libel
(2) An accused who is charged with defamatory libel may plead in accordance with sections 611 and 612.
(3) The pleas of autrefois acquit, autrefois convict and pardon shall be disposed of by the judge without a jury before the accused is called on to plead further.
(4) When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty.
(5) Where an accused pleads autrefois acquit or autrefois convict, it is sufficient if he
(a) states that he has been lawfully acquitted, convicted or discharged under subsection 730(1), as the case may be, of the offence charged in the count to which the plea relates; and
(b) indicates the time and place of the acquittal, conviction or discharge under subsection 730(1).
Exception: foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada
that is an offence in Canada by virtue of any of subsections 7(2) to (3.4) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act
, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
(a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person's instructions, and
(b) the person was not punished in accordance
with the sentence imposed on conviction in respect of the act or omission,
that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.
R.S., 1985, c. C-46, s. 607; R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 10; 2000, c. 24, s. 45.
Evidence of identity of charges
608. Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.
R.S., c. C-34, s. 536.
What determines identity
609. (1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears
(a) that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and
(b) that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded,
the judge shall give judgment discharging the accused in respect of that count.
Allowance of special plea in part
(2) The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried:
(a) where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and
(b) where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.
R.S., c. C-34, s. 537.
Circumstances of aggravation
610. (1) Where an indictment charges substantially the same offence as that charged in an indictment on which an accused was previously convicted or acquitted, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous conviction or acquittal bars the subsequent indictment.
Effect of previous charge of murder
(2) A conviction or an acquittal on an indictment for murder bars a subsequent
indictment for the same homicide charging it as manslaughter or infanticide
, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.
Previous charges of first degree murder
(3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.
Effect of previous charge of infanticide or manslaughter
(4) A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.
R.S., c. C-34, s. 538; 1973-74, c. 38, s. 5; 1974-75-76, c. 105, s. 9.
Libel, plea of justification
611. (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.
Where more than one sense alleged
(2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.
(3) A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.
(4) The prosecutor may in his reply deny generally the truth of a plea that is made under this section.
R.S., c. C-34, s. 539.
Plea of justification
612. (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.
Not guilty, in addition
(2) The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.
Effect of plea on punishment
(3) Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.
R.S., c. C-34, s. 540.
Plea of not guilty
613. Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.
R.S., c. C-34, s. 541.
614. to 619. Repealed, 1991, c. 43, s. 3
Appearance by attorney
620. Every corporation against which an indictment is filed shall appear and plead by counsel
R.S., 1985, c. C-46, s. 620; 1997, c. 18, s. 70.
Notice to corporation
621. (1) The clerk of the court or the prosecutor may, where an indictment is filed against a corporation, cause a notice of the indictment to be served on the corporation.
Contents of notice
(2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the corporation appears on the date set out in the notice or the date fixed pursuant
to subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the corporation had appeared and pleaded.
R.S., 1985, c. C-46, s. 621; 1997, c. 18, s. 71.
Procedure on default of appearance
622. Where a corporation does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the corporation, and the plea has the same force and effect as if the corporation had appeared by its counsel or agent and pleaded that plea.
R.S., 1985, c. C-46, s. 622; 1997, c. 18, s. 72.
Trial of corporation
623. Where a corporation appears and pleads to an indictment or a plea of not guilty is entered by order of the court pursuant to section 622, the court shall proceed with the trial of the indictment and, where the corporation is convicted, section 735 applies.
R.S., 1985, c. C-46, s. 623; 1995, c. 22, s. 10.
Record of Proceedings
624. (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.
Record of proceedings
(2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.
R.S., c. C-34, s. 552.
Form of record in case of amendment
625. Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.
R.S., c. C-34, s. 553.
625.1 (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious
hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.
pre-trial hearing for jury trials
(2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, prior to the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under section 482 to consider such matters as will promote a fair and expeditious trial.
R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F); 1997, c. 18, s. 73.
Qualification of juror
626. (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.
based on sex
(2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempt
ed or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.
R.S., 1985, c. C-46, s. 626; R.S., 1985, c. 27 (1st Supp.), s. 128.
Support for juror with physical disability
627. The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical
, personal, interpretative
or other support services.
R.S., 1985, c. C-46, s. 627; R.S., 1985, c. 2 (1st Supp.), s. 1; 1998, c. 9, s. 4.
Challenging the Array
628. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129
Challenging the jury panel
629. (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality
or wilful misconduct
on the part of the sheriff or other officer
by whom the panel was returned.
(2) A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.
(3) A challenge under this section may be in Form 40.
R.S., 1985, c. C-46, s. 629; R.S., 1985, c. 27 (1st Supp.), s. 130.
Trying ground of challenge
630. Where a challenge is made under section 629, the judge shall determine whether the alleged ground of challenge is true or not, and where he is satisfied that the alleged ground of challenge is true, he shall direct a new panel to be returned.
R.S., c. C-34, s. 559.
Names of jurors on cards
631. (1) The name of each juror on a panel of jurors that has been returned, his number on the panel and his address shall be written on a separate card, and all the cards shall, as far as possible, be of equal size.
To be placed in box
(2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.
To be drawn by clerk of court
(a) the array of jurors is not challenged, or
(b) the array of jurors is challenged but the judge does not direct a new panel to be returned,
the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury
after allowing for orders to excuse, challenges and directions to stand by.
Juror and other persons to be sworn
(4) The clerk of the court shall swear each member of the jury in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.
names if necessary
(5) Where the number of persons who answer to their names under subsection (3) is not sufficient
to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors are sworn.
R.S., 1985, c. C-46, s. 631; R.S., 1985, c. 27 (1st Supp.), s. 131; 1992, c. 41, s. 1; 1998, c. 9, s. 5.
Part XX: Section 2 of 2