• Marginal note:When accused not present

  (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.

• Marginal note:Testimony outside court room

  (2.1) Despite section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

Marginal note:Justice to hear informant and witnesses — public prosecutions

• 507. (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,

Marginal note:Referral when private prosecution

• 507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.

• Marginal note:Summons or warrant

  (2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.

• Marginal note:Conditions for issuance

  (3) The judge or designated justice may issue a summons or warrant only if he or she

  • (a) has heard and considered the allegations of the informant and the evidence of witnesses;

  • (b) is satisfied that the Attorney General has received a copy of the information;

  • (c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and

  • (d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing.

• Marginal note:Appearance of Attorney General

  (4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.

• Marginal note:Information deemed not to have been laid

  (5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.

• Marginal note:Information deemed not to have been laid — proceedings commenced

  (6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.

• Marginal note:New evidence required for new hearing

  (7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held.

• Marginal note:Subsections 507(2) to (8) to apply

  (8) Subsections 507(2) to (8) apply to proceedings under this section.

• Marginal note:Non-application — informations laid under sections 810 and 810.1

  (9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.

• Definition of “designated justice”

  (10) In this section, “designated justice” means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.

• (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or

Marginal note:Inquiry by justice

535. If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

• Marginal note:Election before justice in certain cases — Nunavut

  (2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words:

  You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

• Marginal note:Request for preliminary inquiry — Nunavut

  (3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

• Marginal note:Procedure if accused elects trial by judge alone or by judge and jury or deemed election

  (4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

  • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

  • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

• Marginal note:Preliminary inquiry if two or more accused

  (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

• Marginal note:Procedure if accused elects trial by judge — Nunavut

  (4.2) If no request for a preliminary inquiry is made under subsection (3),

  • (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or

  • (b) if the accused is before a judge, the judge shall

    • (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or

    • (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.

• Marginal note:Jurisdiction — Nunavut

  (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3).