GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 559
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
Criminal Code — C-46 560
Duty of judge 560 (1) If an accused elects, under section 536 or 536.1, 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 (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109] R.S., 1985, c. C-46, s. 560; R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 109; 1999, c. 3, s. 42; 2002, c. 13, s. 36
Criminal Code — C-46 561
re 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 in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after (a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or (b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused. The accused shall be put to their re-election in the following words or in words to the like effect: You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect? R.S., 1985, c. C-46, s. 561; R.S., 1985, c. 27 (1st Supp.), s. 110; 2002, c. 13, s. 37 2019, c. 25, s. 254
Criminal Code — C-46 562
Proceedings following re-election 562 (1) If the accused re-elects under subparagraph 561(1)(a)(i) before the completion of the preliminary inquiry, under paragraph 561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)(b), 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. Proceedings following re-election (2) If the accused re-elects under subparagraph 561(1)(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), 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 2019, c. 25, s. 256
Criminal Code — C-46 562.1
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 does not request a preliminary inquiry under subsection 536.1(3), or if the accused re-elects any other mode of trial under subsection 561.1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3), 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 a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), 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; 2002, c. 13, s. 39 2019, c. 25, s. 257
Criminal Code — C-46 563
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, if applicable, subject to any amendments to the information 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 2019, c. 25, s. 258
Criminal Code — C-46 563.1
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 does not request a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection, (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, 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; 2002, c. 13, s. 40 2019, c. 25, s. 259
Criminal Code — C-46 564
564 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 110]
Criminal Code — C-46 565
Election deemed to have been made 565 (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 justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 or subsection 567.1(1); or (b) the accused does not elect when put to an election under section 536 or 536.1. (1.1) [Repealed, 2019, c. 25, s. 260] When direct indictment preferred (2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry. Notice of re-election (3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk 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 any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and 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; 2002, c. 13, s. 41; 2008, c. 18, s. 23 2019, c. 25, s. 260
Criminal Code — C-46 566
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
Criminal Code — C-46 566.1
Indictment — Nunavut 566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to 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 and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out 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 be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), 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; 2002, c. 13, s. 42 2019, c. 25, s. 261
Criminal Code — C-46 567
Mode of trial when two or more accused 567 Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury. R.S., 1985, c. C-46, s. 567; R.S., 1985, c. 27 (1st Supp.), s. 111; 2002, c. 13, s. 43
Criminal Code — C-46 567.1
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 jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury. Application to Nunavut (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut. 1999, c. 3, s. 48; 2002, c. 13, s. 43
Criminal Code — C-46 568
Attorney General may require trial by jury 568 Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may 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. If 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 must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2). R.S., 1985, c. C-46, s. 568; R.S., 1985, c. 27 (1st Supp.), s. 111; 2002, c. 13, s. 43; 2008, c. 18, s. 24
Criminal Code — C-46 569
Attorney General may require trial by jury — Nunavut 569 (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may 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. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2). 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; 2002, c. 13, s. 44; 2008, c. 18, s. 24.1
Criminal Code — C-46 570
Record of conviction or order 570 (1) If 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, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request. Acquittal and record of acquittal (2) If 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, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused. 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) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue 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) If a warrant of committal is signed 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; 2003, c. 21, s. 10 2019, c. 25, s. 262
Criminal Code — C-46 571
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
Criminal Code — C-46 572
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
Criminal Code — C-46 573
Nunavut Court of Justice 573 (1) The powers to be exercised and the duties and functions to be performed under this Act by a court of criminal jurisdiction, a summary conviction court, a judge, a provincial court judge, a justice or a justice of the peace may be exercised or performed by a judge of the Nunavut Court of Justice. Status when exercising power (2) A power exercised or a duty or function performed by a judge of the Nunavut Court of Justice under subsection (1) is exercised or performed by that judge as a judge of a superior court. Interpretation (3) Subsection (2) does not authorize a judge of the Nunavut Court of Justice who is presiding at a preliminary inquiry to grant a remedy under section 24 of the Canadian Charter of Rights and Freedoms . R.S., 1985, c. C-46, s. 573; R.S., 1985, c. 27 (1st Supp.), s. 113; 1999, c. 3, s. 50
Criminal Code — C-46 573.1
the application for review, the judge of the Court of Appeal of Nunavut may do one or more of the following: (a) order a judge of the Nunavut Court of Justice to do any act or thing that the judge or any other judge of that court failed or refused to do or has delayed in doing; (b) prohibit or restrain a decision, order or proceeding of a judge of the Nunavut Court of Justice; (c) declare invalid or unlawful, quash or set aside, in whole or in part, a decision, order or proceeding of a judge of the Nunavut Court of Justice; (d) refer back for determination in accordance with any directions that the judge considers to be appropriate, a decision, order or proceeding of a judge of the Nunavut Court of Justice; (e) grant any remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms ; (f) refuse to grant any relief if the judge is of the opinion that no substantial wrong or miscarriage of justice has occurred or that the subject-matter of the application should be determined at trial or on appeal; and (g) dismiss the application. Interim orders (5) If an application for review is made, a judge of the Court of Appeal of Nunavut may make any interim order that the judge considers appropriate pending the final disposition of the application for review. Rules (6) A person who proposes to make an application for review shall do so in the manner and within the period that may be directed by rules of court, except that a judge of the Court of Appeal of Nunavut may at any time extend any period specified in the rules. Appeal (7) An appeal lies to the Court of Appeal of Nunavut against a decision or order made under subsection (4). The provisions of Part XXI apply, with any modifications that the circumstances require, to the appeal. 1999, c. 3, s. 50
Criminal Code — C-46 573.2
Habeas corpus 573.2 (1) Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where (a) the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or (b) another statutory right of review or appeal is available. Exception (2) Despite subsection (1), habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut with respect to an order or warrant of a judge of the Nunavut Court of Justice if the proceedings are brought to challenge the constitutionality of a person’s detention or confinement. Provisions apply (3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2). 1999, c. 3, s. 50
Criminal Code — C-46 574
Prosecutor may prefer indictment 574 (1) Subject to subsection (3), the prosecutor may, whether the charges were included in one information or not, 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 disclosed 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. Preferring indictment when no preliminary inquiry (1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations. Preferring single indictment (1.2) If indictments may be preferred under both subsections (1) and (1.1), the prosecutor may prefer a single indictment in respect of one or more charges referred to in subsection (1) combined with one or more charges or included charges referred to in subsection (1.1). Consent to inclusion of other charges (2) An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies. Private prosecutor requires consent (3) In a prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment may not be preferred under any of subsections (1) to (1.2) before a 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; 2002, c. 13, s. 45 2019, c. 25, s. 263
Criminal Code — C-46 575
575 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113]
Criminal Code — C-46 576
Indictment 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. Coroner’s inquisition (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
Criminal Code — C-46 577
Direct indictments 577 Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if (a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or (b) in any other case, a judge of the court so orders. R.S., 1985, c. C-46, s. 577; R.S., 1985, c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18(F); 2002, c. 13, s. 46