GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 479
Offence outstanding in same province 479 Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or (b) in any other case, the Attorney General of the province where the offence is alleged to have been committed consents, appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law. R.S., 1985, c. C-46, s. 479; R.S., 1985, c. 27 (1st Supp.), s. 65; 1994, c. 44, s. 34(E)
Criminal Code — C-46 480
Offence in unorganized territory 480 (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district. New territorial division (2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division. R.S., c. C-34, s. 436
Criminal Code — C-46 481
Offence not in a province 481 Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division. R.S., c. C-34, s. 437
Criminal Code — C-46 481.1
Offence in Canadian waters 481.1 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division. 1996, c. 31, s. 72
Criminal Code — C-46 481.2
Offence outside Canada 481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division. 1996, c. 31, s. 72; 2008, c. 18, s. 10
Criminal Code — C-46 481.3
Appearance of accused at trial 481.3 For greater certainty, the provisions of this Act relating to (a) the requirement of the appearance of an accused at proceedings, and (b) the exceptions to that requirement apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2. 1996, c. 31, s. 72
Criminal Code — C-46 482.1
Power to make rules respecting case management 482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules (a) for the determination of any matter that would assist the court in effective and efficient case management; (b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court; and (c) establishing case management schedules. Compliance with directions (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1). Summons or warrant (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings. Provisions to apply (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3). Subsections 482(4) and (5) to apply (5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1). (6) [Repealed, 2019, c. 25, s. 187] 2002, c. 13, s. 18 2019, c. 25, s. 187 2022, c. 17, s. 13
Criminal Code — C-46 483
Officials with powers of two justices 483 Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do. R.S., 1985, c. C-46, s. 483; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 484
Preserving order in court 484 Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof. R.S., 1985, c. C-46, s. 484; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 485
Procedural irregularities 485 (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands. When accused not appearing personally or in person (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally or in person, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally or in person apply. Summons or warrant (2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant. Dismissal for want of prosecution (3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1. Adjournment and order (4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate. Part XVI to apply (5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2). R.S., 1985, c. C-46, s. 485; R.S., 1985, c. 27 (1st Supp.), s. 67; 1992, c. 1, s. 60(F); 1997, c. 18, s. 40; 2002, c. 13, s. 19 2019, c. 25, s. 188 2022, c. 17, s. 14
Criminal Code — C-46 485.1
Recommencement where dismissal for want of prosecution 485.1 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without (a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or (b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene. R.S., 1985, c. 27 (1st Supp.), s. 67
Criminal Code — C-46 485.2
Summons — Identification of Criminals Act 485.2 (1) A justice or judge may, on application in writing and on oath in Form 6.1, issue a summons, in Form 6.2, requiring an accused or offender to appear at a time and place stated in it for the purposes of the Identification of Criminals Act if (a) the accused is charged with, or the offender has been determined to be guilty of, an offence referred to in paragraph 2(1)(c) of that Act; (b) the accused or offender was previously required to appear for the purposes of that Act and the measurements, processes or operations referred to in that Act were not completed; and (c) the justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional. Limitation (2) Subsection (1) applies in respect of an offender only if proceedings are ongoing in relation to the matter for which they were previously required to appear for the purposes of the Identification of Criminals Act and for which the sentencing proceedings have not concluded. Reasons (3) The application must state the reasons why the measurements, processes or operations were not completed. Ex parte application (4) A justice or judge may proceed ex parte to determine an application made under subsection (1). Application — telecommunication (5) The application may also be made by any means of telecommunication that produces a writing. Alternative to oath (6) A person who uses a means of telecommunication referred to in subsection (5) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the application are true to their knowledge and belief, and that statement is deemed to be a statement made under oath. Contents of summons (7) The summons must (a) be directed to the accused or offender; (b) set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; and (c) set out a summary of subsection 145(3), section 512.1 and subsection 524(4). Service of summons (8) The summons must be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least 16 years of age. 2022, c. 17, s. 15
Criminal Code — C-46 486
Exclusion of public 486 (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security. Application (1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. Factors to be considered (2) In determining whether the order is in the interest of the proper administration of justice, the judge or justice shall consider (a) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings; (c) the ability of the witness to give a full and candid account of the acts complained of if the order were not made; (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (e) the protection of justice system participants who are involved in the proceedings; (f) whether effective alternatives to the making of the proposed order are available in the circumstances; (g) the salutary and deleterious effects of the proposed order; and (h) any other factor that the judge or justice considers relevant. Reasons to be stated (3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order. No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. R.S., 1985, c. C-46, s. 486; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1; 1992, c. 1, s. 60(F), c. 21, s. 9; 1993, c. 45, s. 7; 1997, c. 16, s. 6; 1999, c. 25, s. 2(Preamble); 2001, c. 32, s. 29, c. 41, ss. 16, 34, 133; 2002, c. 13, s. 20; 2005, c. 32, s. 15, c. 43, ss. 4, 8; 2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21; 2015, c. 13, s. 13, c. 20, s. 21 2019, c. 25, s. 189
Criminal Code — C-46 486.1
Support person — witnesses under 18 or who have a disability 486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice. Other witnesses (2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. Application (2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. Factors to be considered (3) In determining whether to make an order under subsection (2), the judge or justice shall consider (a) the age of the witness; (b) the witness’ mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness and the accused; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and (g) any other factor that the judge or justice considers relevant. Witness not to be a support person (4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice. No communication while testifying (5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies. No adverse inference (6) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2005, c. 32, s. 15; 2015, c. 13, s. 14
Criminal Code — C-46 486.3
Accused not to cross-examine witness under 18 486.3 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination. Accused not to cross-examine complainant  — certain offences (2) In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination. Other witnesses (3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination. Factors to be considered (4) In determining whether to make an order under subsection (3), the judge or justice shall consider (a) the age of the witness; (b) the witness’ mental or physical disabilities, if any; (c) the nature of the offence; (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (e) the nature of any relationship between the witness and the accused; (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and (g) any other factor that the judge or justice considers relevant. Application (4.1) An application referred to in any of subsections (1) to (3) may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. No adverse inference (5) No adverse inference may be drawn from the fact that counsel is, or is not, appointed under this section. 2005, c. 32, s. 15; 2015, c. 13, s. 16
Criminal Code — C-46 486.31
Non-disclosure of witness’ identity 486.31 (1) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice. Hearing may be held (2) The judge or justice may hold a hearing to determine whether the order should be made, and the hearing may be in private. Factors to be considered (3) In determining whether to make the order, the judge or justice shall consider (a) the right to a fair and public hearing; (b) the nature of the offence; (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (d) whether the order is needed to protect the security of anyone known to the witness; (e) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer; (e.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence; (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; (g) the importance of the witness’ testimony to the case; (h) whether effective alternatives to the making of the proposed order are available in the circumstances; (i) the salutary and deleterious effects of the proposed order; and (j) any other factor that the judge or justice considers relevant. No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2015, c. 13, s. 17, c. 20, s. 38
Criminal Code — C-46 486.4
be the subject of the order; and (c) informed them of their right to apply to revoke or vary the order. Limitation (4) An order made under this section does not apply in either of the following circumstances: (a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person. Limitation — victim or witness (5) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness. 2005, c. 32, s. 15, c. 43, s. 8; 2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, ss. 22, 48; 2015, c. 13, s. 18 2019, c. 25, s. 190 2023, c. 28, s. 2 2024, c. 23, s. 6