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. 38(1)

• 255 (1) Subsections 561.1(2) and (3) of the Act are replaced by the following:

  • Marginal note:Right to re-elect before trial — Nunavut

    (2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.

  • Marginal note:Right to re-elect at preliminary inquiry — Nunavut

    (3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.

• Marginal note:1999, c. 3, s. 43

  (2) Subsection 561.1(4) of the French version of the Act is replaced by the following:

  • Marginal note:Avis : cas des paragraphes (1) ou (3) : Nunavut

    (4) S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire en vertu des paragraphes (1) ou (3), le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix en vertu du paragraphe (9).

• Marginal note:2002, c. 13, s. 38(2)

  (3) Subsection 561.1(5) of the Act is replaced by the following:

  • Marginal note:Notice at preliminary inquiry — Nunavut

    (5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the 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 of the peace.

• Marginal note:2002, c. 13, s. 38(2)

  (4) Subsection 561.1(6) of the Act is replaced by the following:

  • Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

    (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

• Marginal note:1999, c. 3, s. 43

  (5) Subsection 561.1(9) of the Act is replaced by the following:

  • Marginal note:Proceedings on re-election — Nunavut

    (9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after

    • (a) the charge on which the accused has been ordered to stand trial has been read to the accused or, 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, the indictment has been read to the accused; or

    • (b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under 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?

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

256 Section 562 of the Act is replaced by the following:

Marginal note:2002, c. 13, s. 39

257 Subsection 562.1(1) of the Act is replaced by the following:

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

258 Paragraph 563(a) of the Act is replaced by the following:

Marginal note:1999, c. 3, s. 45; 2002, c. 13, s. 40

259 The portion of subsection 563.1(1) of the Act before paragraph (b) is replaced by the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 111; 1999, c. 3, ss. 46(1) and (2); 2008, c. 18, s. 23

• 260 (1) Subsections 565(1) to (2) of the Act are replaced by the following:

  Marginal note:Election deemed to have been made

  • 565 (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

    • (a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 or subsection 567.1(1); or

    • (b) the accused does not elect when put to an election under section 536 or 536.1.

  • Marginal note:When direct indictment preferred

    (2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.

• Marginal note:2008, c. 18, s. 23

  (2) Subsection 565(3) of the Act is replaced by the following:

  • Marginal note:Notice of re-election

    (3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.