Adjudication and Recognizances
Marginal note:Order to stand trial or discharge
548. (1) When all the evidence has been taken by the justice, he shall
(a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or
(b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction.
Marginal note:Endorsing charge
(2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.
Marginal note:Where accused ordered to stand trial
(2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed.
Marginal note:Defect not to affect validity
(3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect.
- R.S., 1985, c. C-46, s. 548;
- R.S., 1985, c. 27 (1st Supp.), s. 101;
- 1994, c. 44, s. 56.
Marginal note:Order to stand trial at any stage of inquiry with consent
549. (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence.
Marginal note:Limited preliminary inquiry
(1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
(2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.
- R.S., 1985, c. C-46, s. 549;
- R.S., 1985, c. 27 (1st Supp.), s. 101;
- 2002, c. 13, s. 30.
Marginal note:Recognizance of witness
550. (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused.
(2) A recognizance entered into pursuant to this section may be in Form 32, and may be set out at the end of a deposition or be separate therefrom.
Marginal note:Sureties or deposit for appearance of witness
(3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section
(a) to produce one or more sureties in such amount as he may direct; or
(b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.
Marginal note:Witness refusing to be bound
(4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded.
(5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded.
- R.S., 1985, c. C-46, s. 550;
- R.S., 1985, c. 27 (1st Supp.), s. 101.
- Date modified: