GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 790
Any justice may act before and after trial 790 (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held. Two or more justices (2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings. (3) and (4) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172] R.S., 1985, c. C-46, s. 790; R.S., 1985, c. 27 (1st Supp.), s. 172
Criminal Code — C-46 791
791 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]
Criminal Code — C-46 792
792 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]
Criminal Code — C-46 793
793 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]
Criminal Code — C-46 794
No need to negative exception, etc. 794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information. (2) [Repealed, 2018, c. 29, s. 68] R.S., 1985, c. C-46, s. 794; 2018, c. 29, s. 68
Criminal Code — C-46 795
Application of Parts XVI, XVIII, XVIII.1, XX, XX.1 and XXII.01 795 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, the provisions of Parts XVIII.1, XX and XX.1, insofar as they are not inconsistent with this Part, and the provisions of Part XXII.01, apply, with any necessary modifications, to proceedings under this Part. R.S., 1985, c. C-46, s. 795; R.S., 1985, c. 27 (1st Supp.), s. 176; 1991, c. 43, s. 7; 2011, c. 16, s. 16 2022, c. 17, s. 52
Criminal Code — C-46 796 and 797
796 and 797 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]
Criminal Code — C-46 798
Jurisdiction 798 Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction. R.S., c. C-34, s. 733
Criminal Code — C-46 799
Non-appearance of prosecutor 799 Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the information or may adjourn the trial to some other time on such terms as it considers proper. R.S., c. C-34, s. 734
Criminal Code — C-46 800
When both parties appear 800 (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial. Counsel or agent (2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto. (2.1) [Repealed, 2022, c. 17, s. 53] Appearance by organization (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. R.S., 1985, c. C-46, s. 800; 1997, c. 18, s. 111; 2003, c. 21, s. 21 2019, c. 25, s. 317 2022, c. 17, s. 53
Criminal Code — C-46 801
Arraignment 801 (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked, (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order. Finding of guilt, conviction or order if charge admitted (2) Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the summary conviction court shall convict the defendant, discharge the defendant under section 730 or make an order against the defendant accordingly. Procedure if charge not admitted (3) Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the summary conviction court shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in accordance with the provisions of Part XVIII relating to preliminary inquiries. (4) and (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 177] R.S., 1985, c. C-46, s. 801; R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10
Criminal Code — C-46 802
Right to make full answer and defence 802 (1) The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence. Examination of witnesses (2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent. On oath (3) Every witness at a trial in proceedings to which this Part applies shall be examined under oath. R.S., c. C-34, s. 737
Criminal Code — C-46 802.1
Limitation on the use of agents 802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless (a) the defendant is an organization; (b) the defendant is appearing to request an adjournment of the proceedings; or (c) the agent is authorized to do so under a program approved — or criteria established — by the lieutenant governor in council of the province. 2002, c. 13, s. 79 2019, c. 25, s. 317.1
Criminal Code — C-46 803
Adjournment 803 (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents. Non-appearance of defendant (2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court (a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or (b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant. Consent of Attorney General required (3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with. Non-appearance of prosecutor (4) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs. (5) to (8) [Repealed, 1991, c. 43, s. 9] R.S., 1985, c. C-46, s. 803; 1991, c. 43, s. 9; 1994, c. 44, s. 79; 1997, c. 18, s. 112; 2008, c. 18, s. 45
Criminal Code — C-46 804
Finding of guilt, conviction, order or dismissal 804 When the summary conviction court has heard the prosecutor, defendant and witnesses, it shall, after considering the matter, convict the defendant, discharge the defendant under section 730, make an order against the defendant or dismiss the information, as the case may be. R.S., 1985, c. C-46, s. 804; R.S., 1985, c. 27 (1st Supp.), s. 178, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10
Criminal Code — C-46 805
805 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 179]
Criminal Code — C-46 806
Memo of conviction or order 806 (1) If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request. Warrant of committal (2) Where a defendant is convicted or an order is made against him, the summary conviction court shall issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection. Admissibility of certified copy (3) If a warrant of committal in Form 21 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. 806; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1994, c. 44, s. 80 2019, c. 25, s. 318
Criminal Code — C-46 807
Disposal of penalties when joint offenders 807 Where several persons join in committing the same offence and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid shall be applied in the manner in which other penalties imposed by law are directed to be applied. R.S., c. C-34, s. 742
Criminal Code — C-46 808
Order of dismissal 808 (1) Where the summary conviction court dismisses an information, it may, if requested by the defendant, draw up an order of dismissal and shall give to the defendant a certified copy of the order of dismissal. Effect of certificate (2) A copy of an order of dismissal, certified in accordance with subsection (1) is, without further proof, a bar to any subsequent proceedings against the defendant in respect of the same cause. R.S., c. C-34, s. 743
Criminal Code — C-46 809
Costs 809 (1) The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or allowed in proceedings before that summary conviction court, to be paid (a) to the informant by the defendant, where the summary conviction court convicts or makes an order against the defendant; or (b) to the defendant by the informant, where the summary conviction court dismisses an information. Order set out (2) An order under subsection (1) shall be set out in the conviction, order or order of dismissal, as the case may be. Costs are part of fine (3) Where a fine or sum of money or both are adjudged to be paid by a defendant and a term of imprisonment in default of payment is imposed, the defendant is, in default of payment, liable to serve the term of imprisonment imposed, and for the purposes of this subsection, any costs that are awarded against the defendant shall be deemed to be part of the fine or sum of money adjudged to be paid. Where no fine imposed (4) Where no fine or sum of money is adjudged to be paid by a defendant, but costs are awarded against the defendant or informant, the person who is liable to pay them is, in default of payment, liable to imprisonment for one month. Definition of costs (5) In this section, costs includes the costs and charges, after they have been ascertained, of committing and conveying to prison the person against whom costs have been awarded. R.S., c. C-34, s. 744
Criminal Code — C-46 810
t add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition. Supplementary conditions (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance, (a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or (b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be. Form — warrant of committal (4) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23. Modification of recognizance (4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance. Procedure (5) The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section. R.S., 1985, c. C-46, s. 810; 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8, c. 39, s. 157; 2000, c. 12, s. 95; 2011, c. 7, s. 7; 2014, c. 31, s. 25 2019, c. 25, s. 319 2023, c. 32, s. 13.4
Criminal Code — C-46 810.01
authorizations, licences and registration certificates that are held by the defendant shall be surrendered. Reasons (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition. Variance of conditions (6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance. Other provisions to apply (7) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section. Definition of Attorney General (8) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them. 1997, c. 23, ss. 19, 26; 2001, c. 32, s. 46, c. 41, ss. 22, 133; 2002, c. 13, s. 80; 2009, c. 22, s. 19; 2011, c. 7, s. 8; 2015, c. 20, s. 24 2023, c. 32, s. 13.5
Criminal Code — C-46 810.011
cure the good conduct of the defendant, to include in the recognizance a condition that the defendant deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies. Condition — specified geographic area (10) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies. Reasons (11) If the provincial court judge does not add a condition described in subsection (7), (9) or (10) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it. Variance of conditions (12) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance. Other provisions to apply (13) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section. Definition of Attorney General (14) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them. Annual report (15) Each year, the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report setting out the number of recognizances entered into under this section in the previous year. 2015, c. 20, s. 25 2019, c. 13, s. 153 2023, c. 32, s. 13.6
Criminal Code — C-46 810.03
ed, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance. Conditions — firearms (7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. Surrender, etc. (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates held by the defendant shall be surrendered. Reasons (9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition. Variance of conditions (10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in the recognizance. Safety and security of informant (11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their safety and security needs. Form — warrant of committal (12) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23. 2024, c. 22, s. 2 2024, c. 22, s. 11
Criminal Code — C-46 810.1
mple of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance. Conditions — firearms (3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies. Surrender, etc. (3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered. Condition — reporting (3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance. Refusal to enter into recognizance (3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance. Judge may vary recognizance (4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance. Other provisions to apply (5) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section. 1993, c. 45, s. 11; 1997, c. 18, s. 113; 2002, c. 13, s. 81; 2008, c. 6, ss. 52, 54, 62; 2011, c. 7, s. 9; 2012, c. 1, s. 37; 2014, c. 21, s. 4, c. 25, s. 31 2019, c. 25, s. 320 2023, c. 32, s. 13.8
Criminal Code — C-46 810.2
 things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered. Reasons (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition. Condition — reporting (6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance. Variance of conditions (7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance. Other provisions to apply (8) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section. 1997, c. 17, s. 9; 2002, c. 13, s. 82; 2008, c. 6, s. 53; 2011, c. 7, s. 10 2023, c. 32, s. 13.9
Criminal Code — C-46 810.21
Audioconference or videoconference 810.21 (1) If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference. Application (2) Despite section 769, sections 714.1 to 714.8 and Part XXII.01 apply, with any necessary modifications, to proceedings under this section. 2015, c. 20, s. 26 2019, c. 25, s. 321