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Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)

Assented to 2002-06-04

 The Act is amended by adding the following after section 536.1:

Marginal note:Elections and re-elections in writing

536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.

Procedures before Preliminary Inquiry

Marginal note:Statement of issues and witnesses

536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies

  • (a) the issues on which the requesting party wants evidence to be given at the inquiry; and

  • (b) the witnesses that the requesting party wants to hear at the inquiry.

Marginal note:Order for hearing
  • 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice’s own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

    • (a) assist the parties to identify the issues on which evidence will be given at the inquiry;

    • (b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances; and

    • (c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.

  • Marginal note:Agreement to be recorded

    (2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.

Marginal note:Agreement to limit scope of preliminary inquiry

536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.

  •  (1) Paragraph 537(1)(i) of the Act is replaced by the following:

    • (i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;

  • (2) Subsection 537(1) of the Act is amended by striking out the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):

    • (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and

  • (3) Section 537 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Inappropriate questioning

      (1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.

  •  (1) Paragraph 540(1)(a) of the Act is replaced by the following:

    • (a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and

  • (2) Section 540 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Evidence

      (7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.

    • Marginal note:Notice of intention to tender

      (8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.

    • Marginal note:Appearance for examination

      (9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).

Marginal note:R.S., c. 27 (1st Supp.), s. 101(3) (Sch. II, s. 3)

 Subsection 549(2) of the Act is replaced by the following:

  • 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.

  • Marginal note:Procedure

    (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.

Marginal note:1999, c. 3, s. 38

 Subsection 554(2) of the Act is replaced by the following:

  • Marginal note:Nunavut

    (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

Marginal note:R.S., c. 27 (1st Supp.), s. 106

 Paragraph 555(3)(a) of the Act is replaced by the following:

  • (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election; and

Marginal note:1999, c. 3, s. 39

 Subsections 555.1(3) and (4) of the Act are replaced by the following:

  • Marginal note:Continuation as preliminary inquiry — Nunavut

    (3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.

  • Marginal note:Continuing proceedings — Nunavut

    (4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall endorse on the information a record of the election and continue with the trial.

Marginal note:R.S., c. 27 (1st Supp.), s. 107
  •  (1) Paragraph 556(2)(b) of the Act is replaced by the following:

    • (b) shall, if the charge is not one over which he or she has absolute jurisdiction, fix the date for the trial or the date on which the accused corporation must appear in the trial court to have that date fixed.

  • Marginal note:1999, c. 3, s. 40(2)

    (2) Subsection 556(3) of the Act is replaced by the following:

    • Marginal note:Preliminary inquiry not requested

      (3) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed.

    • Marginal note:Preliminary inquiry not requested — Nunavut

      (4) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed.

Marginal note:1999, c. 3, s. 41

 Section 557 of the Act is replaced by the following:

Marginal note:Taking evidence

557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries.

Marginal note:1999, c. 3, s. 42

 The portion of subsection 560(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty of judge
  • 560. (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall

Marginal note:R.S., c. 27 (1st Supp.), s. 110

 Subsection 561(2) of the Act is replaced by the following:

  • Marginal note:Right to re-elect

    (2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

 
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