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)

Marginal note:2002, c. 13, s. 26; 2004, c. 12, s. 10(1)

• 240 (1) Subsections 536.1(2) and (3) of the Act are replaced by the following:

  • Marginal note:Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment

    (2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace 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:Election before judge or justice of the peace in Nunavut — other indictable offences

    (2.1) If an accused is before a judge or justice of the peace, 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 mentioned in section 553 —, the judge or justice of the peace 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. How do you elect to be tried?

  • Marginal note:Request for preliminary inquiry — Nunavut

    (3) 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 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:2004, c. 12, s. 10(2)

  (2) The portion of subsection 536.1(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (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, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

• (3) Section 536.1 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge 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)

    (4.02) 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:2002, c. 13, s. 27

241 Section 536.5 of the English version of the Act is replaced by the following:

Marginal note:1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)

• 242 (1) Paragraphs 537(1)(i) and (j) of the Act are replaced by the following:

  • (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is 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;

  • (j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

• Marginal note:1997, c. 18, s. 64(1)

  (2) Paragraph 537(1)(k) of the Act is replaced by the following:

  • (k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

• Marginal note:2008, c. 18, s. 22

  (3) Subsection 537(1.01) of the Act is replaced by the following:

  • Marginal note:Power provided under paragraph (1)(i)

    (1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

  • Marginal note:Section 715 or 715.01

    (1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01.

Marginal note:2002, c. 13, s. 29(1)

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

Marginal note:1994, c. 44, s. 54

• 244 (1) Subsection 541(1) of the Act is replaced by the following:

  Marginal note:Hearing of witnesses

  • 541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused.

• Marginal note:1994, c. 44, s. 54

  (2) Subsection 541(5) of the Act is replaced by the following:

  • Marginal note:Depositions of witnesses

    (5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.

• 245 (1) Subsection 543(1) of the Act is replaced by the following:

  Marginal note:Order that accused appear or be taken before justice where offence alleged to have been committed

  • 543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.

• (2) The portion of subsection 543(2) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat

    (2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction aurait été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :

• (3) Paragraph 543(2)(b) of the French version of the Act is replaced by the following:

  • b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction aurait été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).

• (4) Paragraph 543(2)(b) of the Act is replaced by the following:

  • (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).