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)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:1994, c. 44, s. 55
246 Subsection 544(5) of the Act is replaced by the following:
Marginal note:Accused calling witnesses
(5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require.
Marginal note:2002, c. 13, s. 30
247 Subsection 549(1.1) 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 taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
248 Subsection 550(2) of the Act is replaced by the following:
Marginal note:Clarification
(2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.
Marginal note:R.S., c. 27 (1st Supp.), s. 102
249 Section 551 of the Act is replaced by the following:
Marginal note:Transmission of record by justice
551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
Marginal note:2011, c. 16, s. 4
250 Subsection 551.1(3) of the Act is repealed.
Marginal note:2011, c. 16, s. 4
251 (1) The portion of subsection 551.3(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers before evidence on merits presented
551.3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by
(2) Subsection 551.3(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.
251.1 Subparagraph 553(c)(vi) of the Act is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 58
252 (1) Subsections 555(1) and (2) of the Act are replaced by the following:
Marginal note:If charge should be prosecuted by indictment
555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Marginal note:Election before justice
(1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a superior court 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 are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Continuing proceedings
(1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.
Marginal note:If subject matter is testamentary instrument or exceeds $5,000 in value
(2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1).
Marginal note:R.S., c. 27 (1st Supp.), s. 106; 2002, c. 13, s. 32
(2) The portion of subsection 555(3) of the Act before paragraph (b) is replaced by the following:
Marginal note:Continuing proceedings
(3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply:
(a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
Marginal note:1999, c. 3, s. 39; 2002, c. 13, s. 33
253 Section 555.1 of the Act is replaced by the following:
Marginal note:If charge should be prosecuted by indictment — Nunavut
555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Marginal note:Election before justice
(1.1) If the judge has decided not to adjudicate, the judge shall 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 are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Continuing proceedings
(1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.
Marginal note:If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut
(2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1).
Marginal note:Continuing proceedings — Nunavut
(3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and 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 the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.
Marginal note:Application to Nunavut
(4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.
Marginal note:R.S., c. 27 (1st Supp.), s. 110; 2002, c. 13, s. 37
254 (1) Subsections 561(1) to (5) of the Act are replaced by the following:
Marginal note:Right to re-elect
561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,
(a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),
(i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,
(ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and
(iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or
(b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),
Marginal note:Right to re-elect
(2) An accused who elects to be tried by a provincial court judge may, not later than 60 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.
Marginal note:Notice of re-election under paragraph (1)(a)
(3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,
(a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or
(b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Marginal note:Notice of re-election under paragraph (1)(b) or subsection (2)
(4) If an accused intends to re-elect under paragraph (1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.
Marginal note:Notice and transmitting record
(5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to re-elect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
(2) Paragraph 561(3)(b) of the Act is replaced by the following:
(b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
(3) Subsection 561(5) of the Act is replaced by the following:
Marginal note:Notice and transmitting record
(5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.
Marginal note:R.S., c. 27 (1st Supp.), s. 110
(4) Subsection 561(6) of the French version of the Act is replaced by the following:
Marginal note:Date, heure et lieu du nouveau choix
(6) Lorsqu’un juge de la cour provinciale ou un juge ou un greffier du tribunal est avisé en vertu de l’alinéa (3)b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant.
Marginal note:R.S., c. 27 (1st Supp.), s. 110
(5) Subsection 561(7) of the Act is replaced by the following:
Marginal note:Proceedings on re-election
(7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or
(b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
- Date modified: