GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 644
Discharge of juror 644 (1) Where in the course of a trial the judge is satisfied that a juror should not, by reason of illness or other reasonable cause, continue to act, the judge may discharge the juror. Replacement of juror (1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642. Trial may continue (2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly. Trial may continue without jury (3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict. R.S., 1985, c. C-46, s. 644; 1992, c. 41, s. 6; 1997, c. 18, s. 75 2019, c. 25, s. 273
Criminal Code — C-46 645
Trial continuous 645 (1) The trial of an accused shall proceed continuously subject to adjournment by the court. Adjournment (2) A judge may adjourn a trial from time to time in the same sittings. Formal adjournment unnecessary (3) For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required. Questions reserved for decision (4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial. Questions reserved for decision in a trial with a jury (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn. R.S., 1985, c. C-46, s. 645; R.S., 1985, c. 27 (1st Supp.), s. 133; 1997, c. 18, s. 76; 2001, c. 32, s. 43
Criminal Code — C-46 646
Taking evidence 646 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries. R.S., 1985, c. C-46, s. 646; 2002, c. 13, s. 59
Criminal Code — C-46 647
Separation of jurors 647 (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate. Keeping in charge (2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge. Non-compliance with subsection (2) (3) Failure to comply with subsection (2) does not affect the validity of the proceedings. Empanelling new jury in certain cases (4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and (a) direct that the accused be tried with a new jury during the same session or sittings of the court; or (b) postpone the trial on such terms as justice may require. Refreshment and accommodation (5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict. R.S., c. C-34, s. 576; 1972, c. 13, s. 48
Criminal Code — C-46 648
Restriction on publication 648 (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict. Offence (2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction. (3) [Repealed, 2005, c. 32, s. 21] R.S., 1985, c. C-46, s. 648; 2005, c. 32, s. 21
Criminal Code — C-46 649
Disclosure of jury proceedings 649 (1) Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction. Exceptions (2) Subsection (1) does not apply in respect of the disclosure of information for the purposes of (a) an investigation of an alleged offence under subsection 139(2) in relation to a juror; (b) giving evidence in criminal proceedings in relation to such an offence; or (c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person’s service at the trial as a juror or as a person who provided support services to a juror. Health care professional (3) For the purpose of paragraph (2)‍(c), the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province. R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7 2022, c. 12, s. 1
Criminal Code — C-46 650
Accused to be present 650 (1) Subject to subsections (1.1) and (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241, by audioconference or videoconference. Appearance by counsel (1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken. (1.2) [Repealed, 2022, c. 17, s. 39] Exceptions (2) The court may (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused. To make defence (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel. R.S., 1985, c. C-46, s. 650; 1991, c. 43, s. 9; 1994, c. 44, s. 61; 1997, c. 18, s. 77; 2002, c. 13, s. 60; 2003, c. 21, s. 12 2019, c. 25, s. 274 2022, c. 17, s. 39
Criminal Code — C-46 650.01
Designation of counsel of record 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court. Contents of designation (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel. Effect of designation (3) If a designation is filed, (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than (i) a part during which oral evidence of a witness is taken, (ii) a part during which jurors are being selected, and (iii) an application for a writ of habeas corpus ; (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise. When court orders presence of accused (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or (b) issue a warrant to compel the presence of the accused. 2002, c. 13, s. 61
Criminal Code — C-46 650.02
Remote appearance 650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court. 2002, c. 13, s. 61 2019, c. 25, s. 275
Criminal Code — C-46 650.1
Pre-charge conference 650.1 A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury. 1997, c. 18, s. 78
Criminal Code — C-46 651
Summing up by prosecutor 651 (1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up. Summing up by accused (2) Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence. Accused’s right of reply (3) Where no witnesses are examined for an accused, he or his counsel is entitled to address the jury last, but otherwise counsel for the prosecution is entitled to address the jury last. Prosecutor’s right of reply where more than one accused (4) Where two or more accused are tried jointly and witnesses are examined for any of them, all the accused or their respective counsel are required to address the jury before it is addressed by the prosecutor. R.S., c. C-34, s. 578
Criminal Code — C-46 652
View 652 (1) The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial. Directions to prevent communication (2) Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings. Who shall attend (3) Where a view is ordered under subsection (1), the accused and the judge shall attend. R.S., c. C-34, s. 579
Criminal Code — C-46 652.1
Trying of issues of indictment by jury 652.1 (1) After the charge to the jury, the jury shall retire to try the issues of the indictment. Reduction of number of jurors to 12 (2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn. 2011, c. 16, s. 13
Criminal Code — C-46 653
Disagreement of jury 653 (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require. Discretion not reviewable (2) A discretion that is exercised under subsection (1) by a judge is not reviewable. R.S., c. C-34, s. 580
Criminal Code — C-46 653.1
Mistrial — rulings binding at new trial 653.1 In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented. 2011, c. 16, s. 14
Criminal Code — C-46 654
Proceeding on Sunday, etc., not invalid 654 The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday. R.S., c. C-34, s. 581
Criminal Code — C-46 655
Admissions at trial 655 Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof. R.S., c. C-34, s. 582
Criminal Code — C-46 656
Presumption — valuable minerals 656 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral. R.S., 1985, c. C-46, s. 656; 1999, c. 5, s. 24
Criminal Code — C-46 657
Use in evidence of statement by accused 657 A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it. R.S., 1985, c. C-46, s. 657; 1994, c. 44, s. 62
Criminal Code — C-46 657.1
Proof of ownership and value of property 657.1 (1) In any proceedings, an affidavit or a solemn declaration of a person who claims to be the lawful owner of, or the person lawfully entitled to possession of, property that was the subject-matter of the offence, or any other person who has specialized knowledge of the property or of that type of property, containing the statements referred to in subsection (2), shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration. Statements to be made (2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration (a) that the person is the lawful owner of, or is lawfully entitled to possession of, the property, or otherwise has specialized knowledge of the property or of property of the same type as that property; (b) the value of the property; (c) in the case of a person who is the lawful owner of or is lawfully entitled to possession of the property, that the person has been deprived of the property by fraudulent means or otherwise without the lawful consent of the person; (c.1) in the case of proceedings in respect of an offence under section 342, that the credit card had been revoked or cancelled, is a false document within the meaning of section 321 or that no credit card that meets the exact description of that credit card was ever issued; and (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (a) to (c.1). Notice of intention to produce affidavit or solemn declaration (3) Unless the court orders otherwise, no affidavit or solemn declaration shall be received in evidence pursuant to subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of intention to produce it in evidence. Attendance for examination (4) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration. R.S., 1985, c. 23 (4th Supp.), s. 3; 1994, c. 44, s. 63; 1997, c. 18, s. 79
Criminal Code — C-46 657.2
Theft and possession 657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen. Accessory after the fact (2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed. 1997, c. 18, s. 80
Criminal Code — C-46 658
Testimony as to date of birth 658 (1) In any proceedings to which this Act applies, the testimony of a person as to the date of his or her birth is admissible as evidence of that date. Testimony of a parent (2) In any proceedings to which this Act applies, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person. Proof of age (3) In any proceedings to which this Act applies, (a) a birth or baptismal certificate or a copy of such a certificate purporting to be certified under the hand of the person in whose custody the certificate is held is evidence of the age of that person; and (b) an entry or record of an incorporated society or its officers who have had the control or care of a child or young person at or about the time the child or young person was brought to Canada is evidence of the age of the child or young person if the entry or record was made before the time when the offence is alleged to have been committed. Other evidence (4) In the absence of any certificate, copy, entry or record mentioned in subsection (3), or in corroboration of any such certificate, copy, entry or record, a jury, judge, justice or provincial court judge, as the case may be, may receive and act on any other information relating to age that they consider reliable. Inference from appearance (5) In the absence of other evidence, or by way of corroboration of other evidence, a jury, judge, justice or provincial court judge, as the case may be, may infer the age of a child or young person from his or her appearance. R.S., 1985, c. C-46, s. 658; 1994, c. 44, s. 64
Criminal Code — C-46 659
Children’s evidence 659 Any requirement whereby it is mandatory for a court to give the jury a warning about convicting an accused on the evidence of a child is abrogated. R.S., 1985, c. C-46, s. 659; R.S., 1985, c. 19 (3rd Supp.), s. 15; 1993, c. 45, s. 9
Criminal Code — C-46 660
Full offence charged, attempt proved 660 Where the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused may be convicted of the attempt. R.S., c. C-34, s. 587
Criminal Code — C-46 661
Attempt charged, full offence proved 661 (1) Where an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused is not entitled to be acquitted, but the jury may convict him of the attempt unless the judge presiding at the trial, in his discretion, discharges the jury from giving a verdict and directs that the accused be indicted for the complete offence. Conviction a bar (2) An accused who is convicted under this section is not liable to be tried again for the offence that he was charged with attempting to commit. R.S., c. C-34, s. 588
Criminal Code — C-46 662
Offence charged, part only proved 662 (1) A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another offence, whether punishable by indictment or on summary conviction, the accused may be convicted (a) of an offence so included that is proved, notwithstanding that the whole offence that is charged is not proved; or (b) of an attempt to commit an offence so included. First degree murder charged (2) For greater certainty and without limiting the generality of subsection (1), where a count charges first degree murder and the evidence does not prove first degree murder but proves second degree murder or an attempt to commit second degree murder, the jury may find the accused not guilty of first degree murder but guilty of second degree murder or an attempt to commit second degree murder, as the case may be. Conviction for infanticide or manslaughter on charge of murder (3) Subject to subsection (4), where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence. Conviction for concealing body of child where murder or infanticide charged (4) Where a count charges the murder of a child or infanticide and the evidence proves the commission of an offence under section 243 but does not prove murder or infanticide, the jury may find the accused not guilty of murder or infanticide, as the case may be, but guilty of an offence under section 243. Conviction for dangerous operation when another offence charged (5) For greater certainty, when a count charges an offence under section 220, 221 or 236 arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under that section. Conviction for break and enter with intent (6) Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove that offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph. R.S., 1985, c. C-46, s. 662; R.S., 1985, c. 27 (1st Supp.), s. 134; 2000, c. 2, s. 3; 2008, c. 6, s. 38; 2018, c. 21, s. 20
Criminal Code — C-46 663
No acquittal unless act or omission not wilful 663 Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child, (a) she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and (b) the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child, she may be convicted unless the evidence establishes that the act or omission was not wilful. R.S., c. C-34, s. 590