GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 578
Summons or warrant 578 (1) Where notice of the recommencement of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue (a) a summons addressed to, or (b) a warrant for the arrest of, the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment. Part XVI to apply (2) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1). R.S., 1985, c. C-46, s. 578; R.S., 1985, c. 27 (1st Supp.), s. 116
Criminal Code — C-46 579
Attorney General may direct stay 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated. Recommencement of proceedings (2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced. R.S., 1985, c. C-46, s. 579; R.S., 1985, c. 27 (1st Supp.), s. 117 2019, c. 25, s. 264
Criminal Code — C-46 579.001
Instruction to stay 579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer , as defined in section 5 of the Preclearance Act, 2016 , are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement. Stay (2) The clerk or other officer of the court shall make the entry immediately after being so directed, and on the entry being made the proceedings are stayed and any recognizance relating to the proceedings is vacated. Recommencement (3) The proceedings may be recommenced without laying a new information or preferring a new indictment, if the Attorney General or counsel instructed by him or her gives notice to the clerk or other officer of the court that (a) the Government of the United States has provided notice of waiver under paragraph 15 of Article X of the Agreement; or (b) the Government of the United States has declined, or is unable, to prosecute the accused and the accused has returned to Canada. Proceedings deemed never commenced (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced. Definition of Agreement (5) In this section, Agreement means the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015. 2017, c. 27, s. 62
Criminal Code — C-46 579.01
When Attorney General does not stay proceedings 579.01 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions. 2002, c. 13, s. 47
Criminal Code — C-46 579.1
Intervention by Attorney General of Canada or Director of Public Prosecutions 579.1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act , or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances: (a) the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding; (b) the proceedings have not been instituted by an Attorney General; (c) judgment has not been rendered; and (d) the Attorney General of the province in which the proceedings are taken has not intervened. Sections 579 and 579.01 to apply (2) Sections 579 and 579.01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section. 1994, c. 44, s. 60 2019, c. 25, s. 265
Criminal Code — C-46 580
Form of indictment 580 An indictment is sufficient if it is on paper and is in Form 4. R.S., 1985, c. C-46, s. 580; R.S., 1985, c. 27 (1st Supp.), s. 117
Criminal Code — C-46 581
Substance of offence 581 (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified. Form of statement (2) The statement referred to in subsection (1) may be (a) in popular language without technical averments or allegations of matters that are not essential to be proved; (b) in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or (c) in words that are sufficient to give to the accused notice of the offence with which he is charged. Details of circumstances (3) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the count. Indictment for treason (4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment. Reference to section (5) A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference. General provisions not restricted (6) Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section. R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118; 2018, c. 29, s. 63
Criminal Code — C-46 582
High treason and first degree murder 582 No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence. R.S., c. C-34, s. 511; 1973-74, c. 38, s. 4; 1974-75-76, c. 105, s. 6
Criminal Code — C-46 583
Certain omissions not grounds for objection 583 No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that (a) it does not name the person injured or intended or attempted to be injured; (b) it does not name the person who owns or has a special property or interest in property mentioned in the count; (c) it charges an intent to defraud without naming or describing the person whom it was intended to defraud; (d) it does not set out any writing that is the subject of the charge; (e) it does not set out the words used where words that are alleged to have been used are the subject of the charge; (f) it does not specify the means by which the alleged offence was committed; (g) it does not name or describe with precision any person, place or thing; or (h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained. R.S., c. C-34, s. 512
Criminal Code — C-46 584
Sufficiency of count charging libel 584 (1) No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene. Specifying sense (2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense. Proof (3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo. R.S., 1985, c. C-46, s. 584; 2018, c. 29, s. 64
Criminal Code — C-46 585
Sufficiency of count charging perjury, etc. 585 No count that charges (a) perjury, (b) the making of a false oath or a false statement, (c) fabricating evidence, or (d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c), is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used. R.S., 1985, c. C-46, s. 585; 1992, c. 1, s. 60(F)
Criminal Code — C-46 586
Sufficiency of count relating to fraud 586 No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means. R.S., c. C-34, s. 515
Criminal Code — C-46 587
What may be ordered 587 (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars (a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences; (b) of any false pretence or fraud that is alleged; (c) of any alleged attempt or conspiracy by fraudulent means; (d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing; (e) further describing any writing or words that are the subject of a charge; (f) further describing the means by which an offence is alleged to have been committed; or (g) further describing a person, place or thing referred to in an indictment. Regard to evidence (2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken. Particular (3) Where a particular is delivered pursuant to this section, (a) a copy shall be given without charge to the accused or his counsel; (b) the particular shall be entered in the record; and (c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular. R.S., 1985, c. C-46, s. 587; R.S., 1985, c. 27 (1st Supp.), s. 7
Criminal Code — C-46 588
Ownership 588 The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it. R.S., c. C-34, s. 517
Criminal Code — C-46 589
Count for murder 589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless (a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or (b) the accused signifies consent to the joinder of the counts. R.S., 1985, c. C-46, s. 589; 1991, c. 4, s. 2
Criminal Code — C-46 590
Offences may be charged in the alternative 590 (1) A count is not objectionable by reason only that (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or (b) it is double or multifarious. Application to amend or divide counts (2) An accused may at any stage of his trial apply to the court to amend or to divide a count that (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or (b) is double or multifarious, on the ground that, as framed, it embarrasses him in his defence. Order (3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided. R.S., c. C-34, s. 519
Criminal Code — C-46 591
Joinder of counts 591 (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4. Each count separate (2) Where there is more than one count in an indictment, each count may be treated as a separate indictment. Severance of accused and counts (3) The court may, where it is satisfied that the interests of justice so require, order (a) that the accused or defendant be tried separately on one or more of the counts; and (b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts. Order for severance (4) An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts (a) on which the trial does not proceed; or (b) in respect of the accused or defendant who has been granted a separate trial. Delayed enforcement (4.1) The court may make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specified event if, taking into account, among other considerations, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so. Decisions binding on parties (4.2) Unless the court is satisfied that it would not be in the interests of justice, the decisions relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that are made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made — or could have been made — before the stage at which the evidence on the merits is presented. Subsequent procedure (5) The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment. Idem (6) Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation to which the order was made as if they were contained in a separate indictment. R.S., 1985, c. C-46, s. 591; R.S., 1985, c. 27 (1st Supp.), s. 119; 2011, c. 16, s. 5
Criminal Code — C-46 592
Accessories after the fact 592 Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice. R.S., c. C-34, s. 521
Criminal Code — C-46 593
Trial of persons jointly 593 (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though (a) the property was had in possession at different times; or (b) the person by whom the property was obtained (i) is not indicted with them, or (ii) is not in custody or is not amenable to justice. Conviction of one or more (2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted. R.S., 1985, c. C-46, s. 593; 2010, c. 14, s. 11
Criminal Code — C-46 594 to 596
594 to 596 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]
Criminal Code — C-46 597
Bench warrant 597 (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest. Execution (2) A warrant issued under subsection (1) may be executed anywhere in Canada. Interim release (3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515. Discretion to postpone execution (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued. Deemed execution of warrant (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed. R.S., 1985, c. C-46, s. 597; R.S., 1985, c. 27 (1st Supp.), s. 121; 1997, c. 18, s. 68 2019, c. 25, s. 266
Criminal Code — C-46 598
Election deemed to be waived 598 (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury. Election deemed to be waived (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused. R.S., 1985, c. C-46, s. 598; R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E); 1999, c. 3, s. 51; 2002, c. 13, s. 48(E)
Criminal Code — C-46 599
Reasons for change of venue 599 (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if (a) it appears expedient to the ends of justice, including (i) to promote a fair and efficient trial, and (ii) to ensure the safety and security of a victim or witness or to protect their interests and those of society; or (b) a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held. (2) [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16] Conditions respecting expense (3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue. Transmission of record (4) Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit them forthwith to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commenced, shall be continued in that court. Idem (5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held. R.S., 1985, c. C-46, s. 599; R.S., 1985, c. 1 (4th Supp.), s. 16 2019, c. 25, s. 267
Criminal Code — C-46 600
Order is authority to remove prisoner 600 An order that is made under section 599 is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for the removal, disposal and reception of an accused in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison in the territorial division in which the trial is ordered to be held. R.S., c. C-34, s. 528
Criminal Code — C-46 601
mistake in the heading of an indictment shall be corrected as soon as it is discovered but, whether corrected or not, is not material. Limitation (9) The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53. Definition of court (10) In this section, court means a court, judge, justice or provincial court judge acting in summary conviction proceedings or in proceedings on indictment. Application (11) This section applies to all proceedings, including preliminary inquiries, with such modifications as the circumstances require. R.S., 1985, c. C-46, s. 601; R.S., 1985, c. 27 (1st Supp.), s. 123; 1999, c. 5, s. 23(E); 2011, c. 16, s. 6; 2018, c. 29, s. 65
Criminal Code — C-46 602
602 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124]
Criminal Code — C-46 603
Right of accused 603 An accused is entitled, after he has been ordered to stand trial or at his trial, (a) to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and (b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy (i) of the evidence, (ii) of his own statement, if any, and (iii) of the indictment; but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused. R.S., 1985, c. C-46, s. 603; R.S., 1985, c. 27 (1st Supp.), s. 101(E)