Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-03-28 and last amended on 2015-07-23. Previous Versions

Marginal note:Proceedings on re-election to be tried by provincial court judge without jury

 Where an accused re-elects under section 561 to be tried by a provincial court judge,

  • (a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, subject to any amendments thereto that may be allowed by the provincial court judge by whom the accused is tried; and

  • (b) the provincial court judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • R.S., 1985, c. C-46, s. 563;
  • R.S., 1985, c. 27 (1st Supp.), s. 110.
Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut
  •  (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3),

    • (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, subject to any amendments that may be allowed by the judge by whom the accused is tried; and

    • (b) the judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 563, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 45;
  • 2002, c. 13, s. 40.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 110]

Marginal note:Election deemed to have been made
  •  (1) Subject to subsection (1.1), if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

    • (a) the accused was ordered to stand trial by a provincial court judge who, pursuant to subsection 555(1), continued the proceedings before him as a preliminary inquiry;

    • (b) the justice, provincial court judge or judge, as the case may be, declined pursuant to section 567 to record the election or re-election of the accused; or

    • (c) the accused does not elect when put to an election under section 536.

  • Marginal note:Nunavut

    (1.1) With respect to criminal proceedings in Nunavut, if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

    • (a) the accused was ordered to stand trial by a judge who, under subsection 555.1(1), continued the proceedings as a preliminary inquiry;

    • (b) the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.1(1) to record the election or re-election of the accused; or

    • (c) the accused did not elect when put to an election under section 536.1.

  • Marginal note:When direct indictment preferred

    (2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may re-elect to be tried by a judge without a jury without a preliminary inquiry.

  • Marginal note:Notice of re-election

    (3) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect to a judge or clerk of the court where the indictment has been filed or preferred who shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

  • Marginal note:Application

    (4) Subsections 561(6) and (7), or subsections 561.1(8) and (9), as the case may be, apply to a re-election made under subsection (3).

  • R.S., 1985, c. C-46, s. 565;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 1999, c. 3, s. 46;
  • 2002, c. 13, s. 41;
  • 2008, c. 18, s. 23.

Trial

Marginal note:Indictment
  •  (1) The trial of an accused for an indictable offence, other than a trial before a provincial court judge, shall be on an indictment in writing setting forth the offence with which he is charged.

  • Marginal note:Preferring indictment

    (2) Where an accused elects under section 536 or re-elects under section 561 to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment

    (3) Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).

  • R.S., 1985, c. C-46, s. 566;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 1997, c. 18, s. 67.
Marginal note:Indictment — Nunavut
  •  (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged.

  • Marginal note:Preferring indictment — Nunavut

    (2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment — Nunavut

    (3) Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).

  • Marginal note:Application to Nunavut

    (4) This section, and not section 566, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 47;
  • 2002, c. 13, s. 42.

General

Marginal note:Mode of trial when two or more accused

 Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.

  • R.S., 1985, c. C-46, s. 567;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 2002, c. 13, s. 43.
Marginal note:Mode of trial if two or more accused — Nunavut
  •  (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 48;
  • 2002, c. 13, s. 43.
Marginal note:Attorney General may require trial by jury

 Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2).

  • R.S., 1985, c. C-46, s. 568;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 2002, c. 13, s. 43;
  • 2008, c. 18, s. 24.
Marginal note:Attorney General may require trial by jury — Nunavut
  •  (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).

  • Marginal note:Application to Nunavut

    (2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.

  • R.S., 1985, c. C-46, s. 569;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 1999, c. 3, s. 49;
  • 2002, c. 13, s. 44;
  • 2008, c. 18, s. 24.1.
 
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