GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 605
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. Disobeying orders (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
Criminal Code — C-46 607
Special pleas 607 (1) An accused may plead the special pleas of (a) autrefois acquit ; (b) autrefois convict ; (c) pardon; and (d) an expungement order under the Expungement of Historically Unjust Convictions Act . In case of libel (2) An accused who is charged with defamatory libel may plead in accordance with sections 611 and 612. Disposal (3) The pleas of autrefois acquit , autrefois convict , pardon and an expungement order under the Expungement of Historically Unjust Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further. Pleading over (4) When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty. Statement sufficient (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 (3.1) 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, notwithstanding 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; 2013, c. 13, s. 9; 2018, c. 11, s. 29
Criminal Code — C-46 608
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
Criminal Code — C-46 609
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
Criminal Code — C-46 610
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 or manslaughter (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
Criminal Code — C-46 611
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. Plea in writing (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. Reply (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
Criminal Code — C-46 612
Plea of justification necessary 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
Criminal Code — C-46 613
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
Criminal Code — C-46 614 to 619
614 to 619 [ Repealed, 1991, c. 43, s. 3]
Criminal Code — C-46 620
Appearance by attorney 620 Every organization against which an indictment is filed shall appear and plead by counsel or agent. R.S., 1985, c. C-46, s. 620; 1997, c. 18, s. 70; 2003, c. 21, s. 11
Criminal Code — C-46 621
Notice to organization 621 (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization. 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 organization appears on the date set out in the notice or the date fixed under 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 organization had appeared and pleaded. R.S., 1985, c. C-46, s. 621; 1997, c. 18, s. 71; 2003, c. 21, s. 11
Criminal Code — C-46 622
Procedure on default of appearance 622 Where an organization 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 organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea. R.S., 1985, c. C-46, s. 622; 1997, c. 18, s. 72; 2003, c. 21, s. 11
Criminal Code — C-46 623
Trial of organization 623 Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies. R.S., 1985, c. C-46, s. 623; 1995, c. 22, s. 10; 2003, c. 21, s. 11
Criminal Code — C-46 624
How recorded 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
Criminal Code — C-46 625
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
Criminal Code — C-46 625.1
Pre-hearing conference 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. Mandatory 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, before 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 sections 482 and 482.1 to consider any matters that would 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; 2002, c. 13, s. 50
Criminal Code — C-46 626
Qualification of jurors 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. No disqualification based on sex (2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted 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
Criminal Code — C-46 626.1
Presiding judge 626.1 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court. 2002, c. 13, s. 51
Criminal Code — C-46 627
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
Criminal Code — C-46 628
628 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129]
Criminal Code — C-46 629
Challenging the jury panel 629 (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned. In writing (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. Form (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
Criminal Code — C-46 630
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
Criminal Code — C-46 631.1
Electronic or automated means 631.1 Any electronic or other automated means may be used to select jurors so long as the jurors would be randomly selected as required by the jury selection process described in subsections 631(1) to (5). 2022, c. 17, s. 38
Criminal Code — C-46 632
Excusing jurors 632 The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of (a) personal interest in the matter to be tried; (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or (c) personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused. R.S., 1985, c. C-46, s. 632; 1992, c. 41, s. 2; 2001, c. 32, s. 39; 2002, c. 13, s. 53
Criminal Code — C-46 633
Stand by 633 The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause. R.S., 1985, c. C-46, s. 633; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1992, c. 41, s. 2; 2001, c. 32, s. 40 2019, c. 25, s. 269
Criminal Code — C-46 635
Order of challenges 635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration. Where there are joint trials (2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them, (a) in respect of the first juror, before the prosecutor; and (b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1). R.S., 1985, c. C-46, s. 635; R.S., 1985, c. 2 (1st Supp.), s. 2; 1992, c. 41, s. 2 2019, c. 25, s. 270
Criminal Code — C-46 636 and 637
636 and 637 [Repealed, 1992, c. 41, s. 2]
Criminal Code — C-46 638
Challenge for cause 638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that (a) the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to; (b) a juror is not impartial; (c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect; (d) a juror is not a Canadian citizen; (e) a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or (f) a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or who speak both official languages of Canada, as the case may be. No other ground (2) No challenge for cause shall be allowed on a ground not mentioned in subsection (1). (3) and (4) [Repealed, 1997, c. 18, s. 74] (5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96] R.S., 1985, c. C-46, s. 638; R.S., 1985, c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96; 1997, c. 18, s. 74; 1998, c. 9, s. 6 2019, c. 25, s. 271
Criminal Code — C-46 639
Challenge in writing 639 (1) Where a challenge is made on a ground mentioned in section 638, the court may, in its discretion, require the party that challenges to put the challenge in writing. Form (2) A challenge may be in Form 41. Denial (3) A challenge may be denied by the other party to the proceedings on the ground that it is not true. R.S., c. C-34, s. 568
Criminal Code — C-46 640
Determination of challenge for cause 640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn. Exclusion order (2) On the application of the accused or prosecutor or on the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors. R.S., 1985, c. C-46, s. 640; 2008, c. 18, s. 26; 2011, c. 16, s. 9 2019, c. 25, s. 272
Criminal Code — C-46 641
Calling persons who have stood by 641 (1) If a full jury and any alternate jurors have not been sworn and no cards remain to be drawn, the persons who have been directed to stand by shall be called again in the order in which their cards were drawn and shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor. Other persons becoming available (2) If, before a person is sworn as a juror under subsection (1), other persons in the panel become available, the prosecutor may require the cards of those persons to be put into and drawn from the box in accordance with section 631, and those persons shall be challenged, directed to stand by, excused or sworn, as the case may be, before the persons who were originally directed to stand by are called again. R.S., 1985, c. C-46, s. 641; 1992, c. 41, s. 3; 2001, c. 32, s. 41; 2002, c. 13, s. 55; 2011, c. 16, s. 10
Criminal Code — C-46 642
Summoning other jurors when panel exhausted 642 (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors. Orally (2) Jurors may be summoned under subsection (1) by word of mouth, if necessary. Adding names to panel (3) The names of the persons who are summoned under this section shall be added to the general panel for the purposes of the trial, and the same proceedings shall be taken with respect to calling and challenging those persons, excusing them and directing them to stand by as are provided in this Part with respect to the persons named in the original panel. R.S., 1985, c. C-46, s. 642; 1992, c. 41, s. 4; 2002, c. 13, s. 56
Criminal Code — C-46 642.1
Substitution of alternate jurors 642.1 (1) Alternate jurors shall attend at the commencement of the presentation of the evidence on the merits and, if there is not a full jury present, shall replace any absent juror, in the order in which their cards were drawn under subsection 631(3). Excusing of alternate jurors (2) An alternate juror who is not required as a substitute shall be excused. 2002, c. 13, s. 57; 2011, c. 16, s. 11
Criminal Code — C-46 643
Who shall be the jury 643 (1) The 12, 13 or 14 jurors who are sworn in accordance with this Part and present at the commencement of the presentation of the evidence on the merits shall be the jury to hear the evidence on the merits. Names of jurors (1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury. Same jury may try another issue by consent (2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn. Sections directory (3) Failure to comply with the directions of this section or section 631, 635 or 641 does not affect the validity of a proceeding. R.S., 1985, c. C-46, s. 643; 1992, c. 41, s. 5; 2001, c. 32, s. 42; 2002, c. 13, s. 58; 2011, c. 16, s. 12