GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 530.1
If order granted 530.1 If an order is granted under section 530, (a) the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused; (b) the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused; (c) any witness may give evidence in either official language during the preliminary inquiry or trial; (c.1) the presiding justice or judge may, if the circumstances warrant, authorize the prosecutor to examine or cross-examine a witness in the official language of the witness even though it is not that of the accused or that in which the accused can best give testimony; (d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language of the accused or both official languages, as the case may be; (e) the accused has a right to have a prosecutor — other than a private prosecutor — who speaks the official language of the accused or both official languages, as the case may be; (f) the court shall make interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial; (g) the record of proceedings during the preliminary inquiry or trial shall include (i) a transcript of everything that was said during those proceedings in the official language in which it was said, (ii) a transcript of any interpretation into the other official language of what was said, and (iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and (h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused. R.S., 1985, c. 31 (4th Supp.), s. 94; 2008, c. 18, s. 20
Criminal Code — C-46 530.2
Language used in proceeding 530.2 (1) If an order is granted directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages, the justice or judge presiding over a preliminary inquiry or trial may, at the start of the proceeding, make an order setting out the circumstances in which, and the extent to which, the prosecutor and the justice or judge may use each official language. Right of the accused (2) Any order granted under this section shall, to the extent possible, respect the right of the accused to be tried in his or her official language. 2008, c. 18, s. 21
Criminal Code — C-46 531
Change of venue 531 Despite any other provision of this Act but subject to any regulations made under section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province. R.S., 1985, c. C-46, s. 531; R.S., 1985, c. 27 (1st Supp.), s. 203; 2008, c. 18, s. 21
Criminal Code — C-46 532
Saving 532 Nothing in this Part or the Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the language of proceedings or testimony in criminal matters that is not inconsistent with this Part or that Act. 1977-78, c. 36, s. 1
Criminal Code — C-46 533
Regulations 533 The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively. R.S., 1985, c. C-46, s. 533; 1993, c. 28, s. 78; 2002, c. 7, s. 144
Criminal Code — C-46 533.1
Review 533.1 (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends. 2008, c. 18, s. 21.1
Criminal Code — C-46 535
Inquiry by justice 535 If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part. R.S., 1985, c. C-46, s. 535; R.S., 1985, c. 27 (1st Supp.), s. 96; 2002, c. 13, s. 24 2019, c. 25, s. 238
Criminal Code — C-46 536
tion (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held. Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment (4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held. Endorsement on the information — accused referred to in subsection (2.1) (4.12) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be. Preliminary inquiry if two or more accused (4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them. When no request for preliminary inquiry (4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed. Jurisdiction (5) Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4). R.S., 1985, c. C-46, s. 536; R.S., 1985, c. 27 (1st Supp.), s. 96; 2002, c. 13, s. 25; 2004, c. 12, s. 9 2019, c. 25, s. 239
Criminal Code — C-46 536.1
accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held. Endorsement on the information — accused referred to in subsection (2.1) (4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be. Preliminary inquiry if two or more accused (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them. Procedure if accused elects trial by judge — Nunavut (4.2) If no request for a preliminary inquiry is made under subsection (3), (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or (b) if the accused is before a judge, the judge shall (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial. Jurisdiction — Nunavut (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3). Application to Nunavut (6) This section, and not section 536, applies in respect of criminal proceedings in Nunavut. 1999, c. 3, s. 35; 2002, c. 13, s. 26; 2004, c. 12, s. 10 2019, c. 25, s. 240
Criminal Code — C-46 536.2
Elections and re-elections in writing 536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused. 2002, c. 13, s. 27
Criminal Code — C-46 536.3
Statement of issues and witnesses 536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies (a) the issues on which the requesting party wants evidence to be given at the inquiry; and (b) the witnesses that the requesting party wants to hear at the inquiry. 2002, c. 13, s. 27; 2011, c. 16, s. 3(F)
Criminal Code — C-46 536.4
Order for hearing 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice’s own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to (a) assist the parties to identify the issues on which evidence will be given at the inquiry; (b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances; and (c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry. Agreement to be recorded (2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties. 2002, c. 13, s. 27
Criminal Code — C-46 536.5
Agreement to limit scope of preliminary inquiry 536.5 Whether or not a hearing is held under section 536.4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be. 2002, c. 13, s. 27 2019, c. 25, s. 241(E)
Criminal Code — C-46 538
Organization 538 Where an accused is an organization, subsections 556(1) and (2) apply with such modifications as the circumstances require. R.S., 1985, c. C-46, s. 538; 2003, c. 21, s. 8
Criminal Code — C-46 539
Order restricting publication of evidence taken at preliminary inquiry 539 (1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry (a) may, if application therefor is made by the prosecutor, and (b) shall, if application therefor is made by any of the accused, make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused, (c) he or she is discharged, or (d) if he or she is ordered to stand trial, the trial is ended. Accused to be informed of right to apply for order (2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1). Failure to comply with order (3) Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction. (4) [Repealed, 2005, c. 32, s. 18] R.S., 1985, c. C-46, s. 539; R.S., 1985, c. 27 (1st Supp.), s. 97; 2005, c. 32, s. 18
Criminal Code — C-46 541
Hearing of witnesses 541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused. Contents of address to accused (2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect: “Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.” Statement of accused (3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part. Witnesses for accused (4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with. Depositions of witnesses (5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require. R.S., 1985, c. C-46, s. 541; R.S., 1985, c. 27 (1st Supp.), s. 99; 1994, c. 44, s. 54 2019, c. 25, s. 244
Criminal Code — C-46 542
Confession or admission of accused 542 (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him. Restriction of publication of reports of preliminary inquiry (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless (a) the accused has been discharged, or (b) if the accused has been ordered to stand trial, the trial has ended, is guilty of an offence punishable on summary conviction. (3) [Repealed, 2005, c. 32, s. 19] R.S., 1985, c. C-46, s. 542; R.S., 1985, c. 27 (1st Supp.), s. 101(E); 2005, c. 32, s. 19
Criminal Code — C-46 543
Order that accused appear or be taken before justice where offence alleged to have been committed 543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry. Transmission of transcript and documents and effect of order or warrant (2) Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and (a) any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a). R.S., 1985, c. C-46, s. 543 2019, c. 25, s. 245
Criminal Code — C-46 544
Accused absconding during inquiry 544 (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged, (a) he shall be deemed to have waived his right to be present at the inquiry, and (b) the justice (i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or (ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance, but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused. Adverse inference (2) Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded. Accused not entitled to re-opening (3) Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry. Counsel for accused may continue to act (4) Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings. Accused calling witnesses (5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require. R.S., 1985, c. C-46, s. 544; 1994, c. 44, s. 55 2019, c. 25, s. 246
Criminal Code — C-46 545
Witness refusing to be examined 545 (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence, (a) refuses to be sworn, (b) having been sworn, refuses to answer the questions that are put to him, (c) fails to produce any writings that he is required to produce, or (d) refuses to sign his deposition, without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period. Further commitment (2) Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him. Saving (3) Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him. R.S., c. C-34, s. 472
Criminal Code — C-46 546
Irregularity or variance not to affect validity 546 The validity of any proceeding at or subsequent to a preliminary inquiry is not affected by (a) any irregularity or defect in the substance or form of the summons or warrant; (b) any variance between the charge set out in the summons or warrant and the charge set out in the information; or (c) any variance between the charge set out in the summons, warrant or information and the evidence adduced by the prosecution at the inquiry. R.S., c. C-34, s. 473
Criminal Code — C-46 547
Adjournment if accused misled 547 Where it appears to the justice that the accused has been deceived or misled by any irregularity, defect or variance mentioned in section 546, he may adjourn the inquiry and may remand the accused or grant him interim release in accordance with Part XVI. R.S., c. C-34, s. 474; 1974-75-76, c. 93, s. 59.1
Criminal Code — C-46 547.1
Inability of justice to continue 547.1 Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may (a) continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or (b) commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available. R.S., 1985, c. 27 (1st Supp.), s. 100