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:2002, c. 13, s. 42
261 Subsection 566.1(1) of the Act is replaced by the following:
Marginal note:Indictment — Nunavut
566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.
Marginal note:R.S., c. 27 (1st Supp.), s. 112; 1994, c. 44, s. 59(1)
262 (1) Subsections 570(1) and (2) of the Act are replaced by the following:
Marginal note:Record of conviction or order
570 (1) If an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request.
Marginal note:Acquittal and record of acquittal
(2) If an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused.
Marginal note:1994, c. 44, s. 59(2); 2003, c. 21, s. 10
(2) Subsections 570(5) and (6) of the Act are replaced by the following:
Marginal note:Warrant of committal
(5) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
Marginal note:Admissibility of certified copy
(6) If a warrant of committal is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
Marginal note:2002, c. 13, s. 45
263 Subsection 574(1.1) of the Act is replaced by the following:
Marginal note:Preferring indictment when no preliminary inquiry
(1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
Marginal note:R.S., c. 27 (1st Supp.), s. 117
264 Subsection 579(1) of the Act is replaced by the following:
Marginal note:Attorney General may direct stay
579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.
Marginal note:1994, c. 44, s. 60
265 (1) The portion of subsection 579.1(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Intervention by Attorney General of Canada or Director of Public Prosecutions
579.1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act, or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances:
(a) the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding;
Marginal note:1994, c. 44, s. 60
(2) Paragraph 579.1(1)(d) of the French version of the Act is replaced by the following:
d) à l’égard de laquelle n’est pas intervenu le procureur général de la province où les poursuites ou procédures sont engagées.
Marginal note:1994, c. 44, s. 60
(3) Subsection 579.1(2) of the Act is replaced by the following:
Marginal note:Sections 579 and 579.01 to apply
(2) Sections 579 and 579.01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section.
266 Subsection 597(3) of the Act is replaced by the following:
Marginal note:Interim release
(3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.
267 Paragraph 599(1)(a) of the Act is replaced by the following:
Marginal note:2002, c. 13, s. 49(1)
268 (1) The portion of subsection 606(1.1) of the English version of the Act before subparagraph (b)(i) is replaced by the following:
(2) Subsection 606(1.1) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the facts support the charge.
Marginal note:1992, c. 41, s. 2; 2001, c. 32, s. 40; 2002, c. 13, s. 54(1) and (2); 2008, c. 18, s. 25; 2011, c. 16, s. 8
269 Sections 633 and 634 of the Act are replaced by the following:
Marginal note:Stand by
633 The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.
Marginal note:1992, c. 41, s. 2
270 Subsection 635(1) of the Act is replaced by the following:
Marginal note:Order of challenges
635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.
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