Fair and Efficient Criminal Trials Act (S.C. 2011, c. 16)
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Assented to 2011-06-26
R.S., c. C-46CRIMINAL CODE
5. Section 591 of the Act is amended by adding the following after subsection (4):
Marginal note: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.
Marginal note: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.
Marginal note:R.S., c. 27 (1st Supp.), s. 123(1)
6. Subsection 601(1) of the Act is replaced by the following:
Marginal note:Amending defective indictment or count
601. (1) An objection to an indictment preferred under this Part or to a count in an indictment, for a defect apparent on its face, shall be taken by motion to quash the indictment or count before the accused enters a plea, and, after the accused has entered a plea, only by leave of the court before which the proceedings take place. The court before which an objection is taken under this section may, if it considers it necessary, order the indictment or count to be amended to cure the defect.
7. (1) Section 631 of the Act is amended by adding the following after subsection (2.1):
Marginal note:Additional jurors
(2.2) If the judge considers it advisable in the interests of justice, he or she may order that 13 or 14 jurors, instead of 12, be sworn in accordance with this Part before the clerk of the court draws out the cards under subsection (3) or (3.1).
Marginal note:2001, c. 32, s. 82(4)
(2) Subsections 631(3) and (3.1) of the Act are replaced by the following:
Marginal note:Cards to be drawn by clerk of court
(3) If the array of jurors is not challenged or the array of jurors is challenged but the judge does not direct a new panel to be returned, the clerk of the court shall, in open court, draw out one after another the cards referred to in subsection (1), call out the number on each card as it is drawn and confirm with the person who responds that he or she is the person whose name appears on the card drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by.
Marginal note:Exception
(3.1) The court, or a judge of the court, before which the jury trial is to be held may, if the court or judge is satisfied that it is necessary for the proper administration of justice, order the clerk of the court to call out the name and the number on each card.
Marginal note:2001, c. 32, s. 82(4)
(3) Subsection 631(5) of the Act is replaced by the following:
Marginal note:Drawing additional cards if necessary
(5) If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection (2.2) — and any alternate jurors are sworn.
Marginal note:2005, c. 32, s. 20
(4) Subsection 631(6) of the Act is replaced by the following:
Marginal note:Ban on publication, limitation to access or use of information
(6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if the court or judge is satisfied that such an order is necessary for the proper administration of justice, make an order
(a) directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way; or
(b) limiting access to or the use of that information.
8. Section 634 of the Act is amended by adding the following after subsection (2):
Marginal note:If 13 or 14 jurors
(2.01) If the judge orders under subsection 631(2.2) that 13 or 14 jurors be sworn in accordance with this Part, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one in the case of 13 jurors or two in the case of 14 jurors.
Marginal note:2008, c. 18, s. 26
9. Subsection 640(2.2) of the Act is replaced by the following:
Marginal note:Exclusion order
(2.2) If an order is made under subsection (2.1), two unsworn jurors, who are then exempt from the order, or two persons present who are appointed by the court for that purpose, shall be sworn to determine whether the ground of challenge is true. Those persons so appointed shall exercise their duties until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection 631(2.2) — and any alternate jurors are sworn.
Marginal note:2001, c. 32, s. 41; 2002, c. 13, s. 55
10. Section 641 of the Act is replaced by the following:
Marginal note:Calling persons who have stood by
641. (1) If a full jury and any alternate jurors have not been sworn and no cards remain to be drawn, the persons who have been directed to stand by shall be called again in the order in which their cards were drawn and shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.
Marginal note:Other persons becoming available
(2) If, before a person is sworn as a juror under subsection (1), other persons in the panel become available, the prosecutor may require the cards of those persons to be put into and drawn from the box in accordance with section 631, and those persons shall be challenged, directed to stand by, excused or sworn, as the case may be, before the persons who were originally directed to stand by are called again.
Marginal note:2002, c. 13, s. 57
11. Subsection 642.1(1) of the Act is replaced by the following:
Marginal note:Substitution of alternate jurors
642.1 (1) Alternate jurors shall attend at the commencement of the presentation of the evidence on the merits and, if there is not a full jury present, shall replace any absent juror, in the order in which their cards were drawn under subsection 631(3).
Marginal note:2002, c. 13, s. 58
12. Subsection 643(1) of the Act is replaced by the following:
Marginal note:Who shall be the jury
643. (1) The 12, 13 or 14 jurors who are sworn in accordance with this Part and present at the commencement of the presentation of the evidence on the merits shall be the jury to hear the evidence on the merits.
13. The Act is amended by adding the following after section 652:
Marginal note:Trying of issues of indictment by jury
652.1 (1) After the charge to the jury, the jury shall retire to try the issues of the indictment.
Marginal note:Reduction of number of jurors to 12
(2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.
14. The Act is amended by adding the following after section 653:
Marginal note:Mistrial — rulings binding at new trial
653.1 In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented.
Marginal note:1994, c. 44, s. 65
15. Subsections 669.2(3) and (4) of the Act are replaced by the following:
Marginal note:If no adjudication made
(3) Subject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence on the merits had been taken.
Marginal note:If no adjudication made — jury trials
(4) If a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused, continue the trial or commence the trial again as if no evidence on the merits had been taken.
Marginal note:1991, c. 43, s. 7
16. Section 795 of the Act is replaced by the following:
Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX and XX.1
795. The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.
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