GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 727
Previous conviction 727 (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof. Procedure (2) Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced. Where hearing ex parte (3) Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof. Organizations (4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction. Section does not apply (5) This section does not apply to a person referred to in paragraph 745(b). R.S., 1985, c. C-46, s. 727; R.S., 1985, c. 27 (1st Supp.), s. 160; 1995, c. 22, s. 6; 2003, c. 21, s. 16
Criminal Code — C-46 728
Sentence justified by any count 728 Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence. R.S., 1985, c. C-46, s. 728; 1995, c. 22, s. 6
Criminal Code — C-46 729
Proof of certificate of analyst 729 (1) In (a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or (b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs, a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. Definition of analyst (2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act or the Cannabis Act . Notice of intention to produce certificate (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced. (4) and (5) [Repealed, 2008, c. 18, s. 36] Requiring attendance of analyst (6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination. R.S., 1985, c. C-46, s. 729; 1995, c. 22, s. 6; 1999, c. 31, s. 69; 2004, c. 12, s. 11(E); 2008, c. 18, s. 36; 2018, c. 16, s. 221
Criminal Code — C-46 729.1
Proof of certificate of analyst — bodily substance 729.1 (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. Definition of analyst (2) In this section, analyst has the same meaning as in section 320.11. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced. Requiring attendance of analyst (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination. 2011, c. 7, s. 2; 2018, c. 21, s. 23
Criminal Code — C-46 730
Conditional and absolute discharge 730 (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2). Period for which appearance notice, etc., continues in force (2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition. Effect of discharge (3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that (a) the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence; (b) the Attorney General and, in the case of summary conviction proceedings, the informant or the informant’s agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence. Where person bound by probation order convicted of offence (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged. R.S., 1985, c. C-46, s. 730; 1995, c. 22, s. 6; 1997, c. 18, s. 141; 2003, c. 21, s. 17 2019, c. 25, s. 296
Criminal Code — C-46 731
Making of probation order 731 (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, (a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or (b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order. Idem (2) A court may also make a probation order where it discharges an accused under subsection 730(1). (3.1) [Repealed, 1997, c. 17, s. 1] R.S., 1985, c. C-46, s. 731; 1992, c. 1, s. 58, c. 20, s. 200; 1995, c. 22, s. 6; 1997, c. 17, s. 1
Criminal Code — C-46 731.1
Firearm, etc., prohibitions 731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable. Application of section 109 or 110 (2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 109 or 110. 1992, c. 20, s. 201; 1995, c. 22, s. 6; 2002, c. 13, s. 73
Criminal Code — C-46 732
Intermittent sentence 732 (1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at such times as are specified in the order; and (b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence. Application to vary intermittent sentence (2) An offender who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to the prosecutor, apply to the court that imposed the sentence to allow it to be served on consecutive days. Court may vary intermittent sentence if subsequent offence (3) Where a court imposes a sentence of imprisonment on a person who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence shall be served on consecutive days unless the court otherwise orders. R.S., 1985, c. C-46, s. 732; 1995, c. 22, s. 6
Criminal Code — C-46 732.1
ored, handled and destroyed; (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed; (g) designate the persons or classes of persons that may destroy the samples; and (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples. Further designations (9) For the purpose of paragraph (3)(c.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance. Restriction (10) Samples of bodily substances referred to in paragraphs (3)(c.1) and (c.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (8). Destruction of samples (11) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a probation order to be destroyed within the periods prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 733.1. Regulations (12) The Governor in Council may make regulations (a) prescribing bodily substances for the purposes of paragraphs (3)(c.1) and (c.2); (b) respecting the designations and specifications referred to in subsections (8) and (9); (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (11); and (d) respecting any other matters relating to the samples of bodily substances. 1995, c. 22, s. 6; 1999, c. 32, s. 6(Preamble); 2003, c. 21, s. 18; 2008, c. 18, s. 37; 2011, c. 7, s. 3; 2014, c. 21, s. 2; 2015, c. 13, s. 27; 2018, c. 21, s. 24(F) 2019, c. 25, s. 297
Criminal Code — C-46
change , in relation to optional conditions, includes deletions and additions; ( modification )
Criminal Code — C-46
optional conditions means the conditions referred to in subsection (3) or (3.1). ( conditions facultatives )
Criminal Code — C-46 732.11
Prohibition on use of bodily substance 732.11 (1) No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. Prohibition on use or disclosure of result (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a probation order. Exception (3) The results of the analysis of a bodily substance provided under a probation order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 733.1 or, if the results are made anonymous, for statistical or other research purposes. Offence (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction. 2011, c. 7, s. 4
Criminal Code — C-46 733
Transfer of order 733 (1) Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial division other than the territorial division where the order was made, on the application of a probation officer, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order. Attorney General’s consent (1.1) The transfer may be granted only with (a) the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada. Where court unable to act (2) Where a court that has made a probation order or to which a probation order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the probation order may be exercised by any other court that has equivalent jurisdiction in the same province. R.S., 1985, c. C-46, s. 733; R.S., 1985, c. 24 (2nd Supp.), s. 46; 1995, c. 22, s. 6; 1999, c. 5, s. 32
Criminal Code — C-46 733.1
Failure to comply with probation order 733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction. Where accused may be tried and punished (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province. 1995, c. 22, s. 6; 2015, c. 23, s. 18 2019, c. 25, s. 298
Criminal Code — C-46 734.1
Terms of order imposing fine 734.1 A court that fines an offender under section 734 shall do so by making an order that clearly sets out (a) the amount of the fine; (b) the manner in which the fine is to be paid; (c) the time or times by which the fine, or any portion thereof, must be paid; and (d) such other terms respecting the payment of the fine as the court deems appropriate. 1995, c. 22, s. 6
Criminal Code — C-46 734.2
Obligations of court 734.2 (1) A court that makes an order under section 734.1 shall (a) cause a copy of the order to be given to the offender; (b) explain the substance of sections 734 to 734.8 and 736 to the offender; (c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and (d) take reasonable measures to ensure that the offender understands the order and the explanations. For greater certainty (2) For greater certainty, a failure to comply with subsection (1) does not affect the validity of the order. 1995, c. 22, s. 6; 2008, c. 18, s. 39
Criminal Code — C-46 734.3
Change in terms of order 734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section. 1995, c. 22, s. 6; 2002, c. 13, s. 74
Criminal Code — C-46 734.4
Proceeds to go to provincial treasurer 734.4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province. Proceeds to go to Receiver General for Canada (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be, (a) the fine or forfeiture is imposed (i) in respect of a contravention of a revenue law of Canada, (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a). Direction for payment to municipality (3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited, (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority. 1995, c. 22, s. 6 2019, c. 25, s. 300
Criminal Code — C-46 734.5
Licences, permits, etc. 734.5 If an offender is in default of payment of a fine, (a) where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an Act of the legislature of the province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender; or (b) where the proceeds of the fine belong to Her Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of Parliament, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender. 1995, c. 22, s. 6; 1999, c. 5, s. 34
Criminal Code — C-46 734.6
Civil enforcement of fines, forfeiture 734.6 (1) Where (a) an offender is in default of payment of a fine, or (b) a forfeiture imposed by law is not paid as required by the order imposing it, then, in addition to any other method provided by law for recovering the fine or forfeiture, (c) the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or (d) the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada, may, by filing the order, enter as a judgment the amount of the fine or forfeiture, and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount. Effect of filing order (2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings. 1995, c. 22, s. 6
Criminal Code — C-46 734.7
Warrant of committal 734.7 (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine (a) until the expiration of the time allowed for payment of the fine in full; and (b) unless the court is satisfied (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736. Reasons for committal (2) Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal. Period of imprisonment (2.1) The period of imprisonment in default of payment of the fine shall be specified in a warrant of committal referred to in subsection (1) or (2). Compelling appearance of person bound (3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b). Effect of imprisonment (4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine. 1995, c. 22, s. 6; 1999, c. 5, s. 35