An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
Full Document:
- HTMLFull Document: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts [1864 KB]
Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:R.S., c. 27 (1st Supp.), s. 90(1); 1997, c. 18, s. 61
235 (1) Subsection 525(1) of the Act is replaced by the following:
Marginal note:Time for application to judge
525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from
(a) the day on which the accused was taken before a justice under section 503; or
(b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.
The person shall make the application immediately after the expiry of those 90 days.
Marginal note:Waiver of right to hearing
(1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).
Marginal note:R.S., c. 27 (1st Supp.), s. 90(3); 1994, c. 44, s. 49
(2) Subsections 525(3) to (9) of the Act are replaced by the following:
Marginal note:Cancellation of hearing
(3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.
Marginal note:Consideration of proceeding’s progression
(4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may
Marginal note:Release order
(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.
Marginal note:Provisions applicable to proceedings
(6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
Marginal note:Definition of judge in the Province of Quebec
(7) In this section, judge, in the Province of Quebec,
(a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and
(b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.
Marginal note:R.S., c. 27 (1st Supp.), s. 91
236 Section 526 of the Act is replaced by the following:
Marginal note:Directions for expediting proceedings
526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.
Marginal note:R.S., c. 27 (1st Supp.), ss. 94 and 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18(1)
237 Subsections 530(1) to (4) of the Act are replaced by the following:
Marginal note:Language of accused
530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:Idem
(2) On application by an accused whose language is not one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:Accused to be advised of right
(3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Marginal note:Remand
(4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:2002, c. 13, s. 24
238 Section 535 of the Act is replaced by the following:
Marginal note:Inquiry by justice
535 If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment 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:2002, c. 13, s. 25(1)
239 (1) Subsection 536(2) of the Act is replaced by the following:
Marginal note:Election before justice — 14 years or more of imprisonment
(2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice 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 provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect 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:Election before justice — other indictable offences
(2.1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice 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 provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect 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. How do you elect to be tried?
Marginal note:R.S., c. 27 (1st Supp.), s. 96
(2) Paragraph 536(3)(a) of the French version of the Act is replaced by the following:
a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise;
Marginal note:2004, c. 12, s. 9(1)
(3) Subsection 536(4) of the Act is replaced by the following:
Marginal note:Request for preliminary inquiry
(4) If an accused referred to in subsection (2) 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)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice 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 justice, hold a preliminary inquiry into the charge.
Marginal note:2004, c. 12, s. 9(2)
(4) The portion of subsection 536(4.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Endorsement on the information — accused referred to in subsection (2)
(4.1) If an accused referred to in subsection (2) 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)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(5) Section 536 of the Act is amended by adding the following after subsection (4.1):
Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment
(4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Marginal note:Endorsement on the information — accused referred to in subsection (2.1)
(4.12) If an accused referred to in subsection (2.1) 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)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
Marginal note:R.S., c. 27 (1st Supp.), s. 96
(6) Subsection 536(5) of the French version of the Act is replaced by the following:
Marginal note:Compétence
(5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé aurait été commise est compétent pour l’application du paragraphe (4).
- Date modified: