GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 548
Order to stand trial or discharge 548 (1) When all the evidence has been taken by the justice, he shall (a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or (b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction. Endorsing charge (2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial. Where accused ordered to stand trial (2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed. Defect not to affect validity (3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect. R.S., 1985, c. C-46, s. 548; R.S., 1985, c. 27 (1st Supp.), s. 101; 1994, c. 44, s. 56
Criminal Code — C-46 549
Order to stand trial at any stage of inquiry with consent 549 (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence. Limited preliminary inquiry (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction. Procedure (2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548. R.S., 1985, c. C-46, s. 549; R.S., 1985, c. 27 (1st Supp.), s. 101; 2002, c. 13, s. 30 2019, c. 25, s. 247
Criminal Code — C-46 550
Recognizance of witness 550 (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused. Clarification (2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it. Sureties or deposit for appearance of witness (3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section (a) to produce one or more sureties in such amount as he may direct; or (b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence. Witness refusing to be bound (4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded. Discharge (5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded. R.S., 1985, c. C-46, s. 550; R.S., 1985, c. 27 (1st Supp.), s. 101 2019, c. 25, s. 248
Criminal Code — C-46 551
Transmission of record by justice 551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice. R.S., 1985, c. C-46, s. 551; R.S., 1985, c. 27 (1st Supp.), s. 102 2019, c. 25, s. 249
Criminal Code — C-46 551.1
Appointment 551.1 (1) On application by the prosecutor or the accused or on his or her own motion, the Chief Justice or the Chief Judge of the court before which a trial is to be or is being held or the judge that the Chief Justice or the Chief Judge designates may, if he or she is of the opinion that it is necessary for the proper administration of justice, appoint a judge as the case management judge for that trial at any time before the jury selection, if the trial is before a judge and jury, or before the stage at which the evidence on the merits is presented, if the trial is being heard by a judge without a jury or a provincial court judge. Conference or hearing (2) The Chief Justice or the Chief Judge or his or her designate may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held for the purpose of deciding if it is necessary for the proper administration of justice to proceed with the appointment. (3) [Repealed, 2019, c. 25, s. 250] Same judge (4) The appointment of a judge as the case management judge does not prevent him or her from becoming the judge who hears the evidence on the merits. 2011, c. 16, s. 4 2019, c. 25, s. 250
Criminal Code — C-46 551.2
Role 551.2 The case management judge shall assist in promoting a fair and efficient trial, including by ensuring that the evidence on the merits is presented, to the extent possible, without interruption. 2011, c. 16, s. 4
Criminal Code — C-46 551.3
Powers before evidence on merits presented 551.3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses’ needs and circumstances; (b) encouraging the parties to make admissions and reach agreements; (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial; (d) establishing schedules and imposing deadlines on the parties; (e) hearing guilty pleas and imposing sentences; (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented; (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to (i) the disclosure of evidence, (ii) the admissibility of evidence, (iii) the Canadian Charter of Rights and Freedoms , (iv) expert witnesses, (v) the severance of counts, and (vi) the separation of trials on one or more counts when there is more than one accused; and (h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried. Hearing (2) The case management judge shall order that a hearing be held for the purpose of exercising the power referred to in paragraph (1)(g). Power exercised at trial (3) When the case management judge exercises the power referred to in paragraph (1)(g), he or she is doing so at trial. Decision binding (4) A decision that results from the exercise of the power referred to in paragraph (1)(g) is binding on the parties for the remainder of the trial — even if the judge who hears the evidence on the merits is not the same as the case management judge — unless the court is satisfied that it would not be in the interests of justice because, among other considerations, fresh evidence has been adduced. 2011, c. 16, s. 4 2019, c. 25, s. 251
Criminal Code — C-46 551.4
Information relevant to presentation of evidence on merits to be part of court record 551.4 (1) When the case management judge is of the opinion that the measures to promote a fair and efficient trial that can be taken before the stage of the presentation of the evidence on the merits have been taken — including adjudicating the issues that can be decided — he or she shall ensure that the court record includes information that, in his or her opinion, may be relevant at the stage of the presentation of the evidence on the merits, including (a) the names of the witnesses to be heard that have been identified by the parties; (b) any admissions made and agreements reached by the parties; (c) the estimated time required to conclude the trial; (d) any orders and decisions; and (e) any issues identified by the parties that are to be dealt with at the stage of the presentation of the evidence on the merits. Exception (2) This section does not apply to a case management judge who also hears the evidence on the merits. 2011, c. 16, s. 4
Criminal Code — C-46 551.5
Trial continuous 551.5 Even if the judge who hears the evidence on the merits is not the same as the case management judge, the trial of an accused shall proceed continuously, subject to adjournment by the court. 2011, c. 16, s. 4
Criminal Code — C-46 551.6
Issues referred to case management judge 551.6 (1) During the presentation of the evidence on the merits, the case management judge shall adjudicate any issue referred to him or her by the judge hearing the evidence on the merits. Powers at stage of presentation of evidence on merits (2) For the purposes of adjudicating an issue, the case management judge may exercise the powers of a trial judge. 2011, c. 16, s. 4
Criminal Code — C-46 552
Definitions 552 In this Part, judge means, (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province, (b) in the Province of Quebec, a judge of the Court of Quebec, (c) in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province, (d) in the Province of New Brunswick, a judge of the Court of Queen’s Bench, (e) in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court, (f) in the Province of Prince Edward Island, a judge of the Supreme Court, (g) in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen’s Bench, (h) in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province, (h.1) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court, (i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and (j) in Nunavut, a judge of the Nunavut Court of Justice. ( juge ) magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103] R.S., 1985, c. C-46, s. 552; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), s. 103, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 6, c. 17, s. 13; 1992, c. 51, s. 38; 1999, c. 3, s. 36; 2002, c. 7, s. 145; 2015, c. 3, s. 53
Criminal Code — C-46 (a)
judge means, (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province, (b) in the Province of Quebec, a judge of the Court of Quebec, (c) in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province, (d) in the Province of New Brunswick, a judge of the Court of Queen’s Bench, (e) in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court, (f) in the Province of Prince Edward Island, a judge of the Supreme Court, (g) in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen’s Bench, (h) in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province, (h.1) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court, (i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and (j) in Nunavut, a judge of the Nunavut Court of Justice. ( juge )
Criminal Code — C-46
magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103]
Criminal Code — C-46 553
Absolute jurisdiction 553 The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information (a) with (i) theft, other than theft of cattle, (ii) obtaining money or property by false pretences, (iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment, (iv) having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security, or (v) mischief under subsection 430(4), where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars; (b) with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of (i) any offence referred to in paragraph (a) in respect of the subject-matter and value thereof referred to in that paragraph, or (ii) any offence referred to in paragraph (c); or (c) with an offence under (i) section 201 (keeping gaming or betting house), (ii) section 202 (betting, pool-selling, book-making, etc.), (iii) section 203 (placing bets), (iv) section 206 (lotteries and games of chance), (v) section 209 (cheating at play), (vi) [Repealed, 2019, c. 25, s. 251.1] (vii) [Repealed, 2000, c. 25, s. 4] (viii) section 393 (fraud in relation to fares), (viii.01) section 490.031 (failure to comply with order or obligation), (viii.02) section 490.0311 (providing false or misleading information), (viii.1) section 811 (breach of recognizance), (ix) subsection 733.1(1) (failure to comply with probation order), or (x) paragraph 4(4)(a) of the Controlled Drugs and Substances Act . (xi) [Repealed, 2018, c. 16, s. 219] R.S., 1985, c. C-46, s. 553; R.S., 1985, c. 27 (1st Supp.), s. 104; 1992, c. 1, s. 58; 1994, c. 44, s. 57; 1995, c. 22, s. 2; 1996, c. 19, s. 72; 1997, c. 18, s. 66; 1999, c. 3, s. 37; 2000, c. 25, s. 4; 2010, c. 17, s. 25; 2012, c. 1, s. 33; 2018, c. 16, s. 219 2019, c. 25, s. 251.1
Criminal Code — C-46 554
Trial by provincial court judge with consent 554 (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge. Nunavut (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury. R.S., 1985, c. C-46, s. 554; R.S., 1985, c. 27 (1st Supp.), ss. 105, 203; 1999, c. 3, s. 38; 2002, c. 13, s. 31
Criminal Code — C-46 555
If charge should be prosecuted by indictment 555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision. Election before justice (1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried? Continuing proceedings (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry. If subject matter is testamentary instrument or exceeds $5,000 in value (2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1). Continuing proceedings (3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply: (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and (b) if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial. R.S., 1985, c. C-46, s. 555; R.S., 1985, c. 27 (1st Supp.), ss. 106, 203; 1994, c. 44, s. 58; 2002, c. 13, s. 32 2019, c. 25, s. 252 2022, c. 17, s. 36
Criminal Code — C-46 555.1
If charge should be prosecuted by indictment — Nunavut 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision. Election before justice (1.1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried? Continuing proceedings (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry. If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut (2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1). Continuing proceedings — Nunavut (3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial. Application to Nunavut (4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut. 1999, c. 3, s. 39; 2002, c. 13, s. 33 2019, c. 25, s. 253
Criminal Code — C-46 556
Organization 556 (1) An accused organization shall appear by counsel or agent. Non-appearance (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed. Preliminary inquiry not requested (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. Preliminary inquiry not requested — Nunavut (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. R.S., 1985, c. C-46, s. 556; R.S., 1985, c. 27 (1st Supp.), s. 107; 1999, c. 3, s. 40; 2002, c. 13, s. 34; 2003, c. 21, ss. 9, 22
Criminal Code — C-46 557
Taking evidence 557 If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries. R.S., 1985, c. C-46, s. 557; R.S., 1985, c. 27 (1st Supp.), s. 203; 1999, c. 3, s. 41; 2002, c. 13, s. 35
Criminal Code — C-46 558
Trial by judge without a jury 558 If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury. R.S., 1985, c. C-46, s. 558; R.S., 1985, c. 27 (1st Supp.), s. 108; 1999, c. 3, s. 41