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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-06-20 and last amended on 2022-06-20. Previous Versions

PART XIVJurisdiction (continued)

Special Jurisdiction

Marginal note:Special jurisdictions

 For the purposes of this Act,

  • (a) where an offence is committed in or on any water or on a bridge between two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (b) where an offence is committed on the boundary of two or more territorial divisions or within five hundred metres of any such boundary, or the offence was commenced within one territorial division and completed within another, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (c) where an offence is committed in or on a vehicle employed in a journey, or on board a vessel employed on a navigable river, canal or inland water, the offence shall be deemed to have been committed in any territorial division through which the vehicle or vessel passed in the course of the journey or voyage on which the offence was committed, and where the center or other part of the road, or navigable river, canal or inland water on which the vehicle or vessel passed in the course of the journey or voyage is the boundary of two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (d) where an offence is committed in an aircraft in the course of a flight of that aircraft, it shall be deemed to have been committed

    • (i) in the territorial division in which the flight commenced,

    • (ii) in any territorial division over which the aircraft passed in the course of the flight, or

    • (iii) in the territorial division in which the flight ended; and

  • (e) where an offence is committed in respect of the mail in the course of its door-to-door delivery, the offence shall be deemed to have been committed in any territorial division through which the mail was carried on that delivery.

  • R.S., 1985, c. C-46, s. 476
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1992, c. 1, s. 58

Definition of ship

  •  (1) In sections 477.1 to 477.4, ship includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.

  • Marginal note:Saving

    (2) Nothing in sections 477.1 to 477.4 limits the operation of any other Act of Parliament or the jurisdiction that a court may exercise apart from those sections.

  • R.S., 1985, c. C-46, s. 477
  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 67

Marginal note:Offences outside of Canada

 Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

  • (a) in the exclusive economic zone of Canada that

    • (i) is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and

    • (ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;

  • (c) that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (d) that is committed outside Canada in the course of hot pursuit; or

  • (e) that is committed outside the territory of any state by a Canadian citizen.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 68
  • 2001, c. 27, s. 247

Marginal note:Consent of Attorney General of Canada

  •  (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to proceedings by way of summary conviction.

  • Marginal note:Consent of Attorney General of Canada

    (2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Consent of Attorney General of Canada

    (3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

  • Marginal note:Consent to be filed

    (4) The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

  • 1990, c. 44, s. 15
  • 1994, c. 44, s. 32
  • 1996, c. 31, s. 69

Marginal note:Exercising powers of arrest, entry, etc.

  •  (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    • (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or

    • (b) where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence

    • (a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or

    • (b) referred to in section 477.1

    in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Limitation

    (3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 70
  •  (1) and (2) [Repealed, 1996, c. 31, s. 71]

  • Marginal note:Evidence

    (3) In proceedings in respect of an offence,

    • (a) a certificate referred to in subsection 23(1) of the Oceans Act, or

    • (b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,

    is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.

  • Marginal note:Certificate cannot be compelled

    (4) A certificate referred to in subsection (3) is admissible in evidence in proceedings referred to in that subsection but its production cannot be compelled.

  • 1990, c. 44, s. 15
  • 1995, c. 5, s. 25
  • 1996, c. 31, s. 71

Marginal note:Offence committed entirely in one province

  •  (1) Subject to this Act, a court in a province shall not try an offence committed entirely in another province.

  • Marginal note:Exception

    (2) Every proprietor, publisher, editor or other person charged with the publication of a defamatory libel in a newspaper or with conspiracy to publish a defamatory libel in a newspaper shall be dealt with, indicted, tried and punished in the province where he resides or in which the newspaper is printed.

  • Marginal note:Idem

    (3) An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and

    • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or

    • (b) in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

    appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • Marginal note:Where accused ordered to stand trial

    (4) Notwithstanding that an accused described in subsection (3) has been ordered to stand trial or that an indictment has been preferred against the accused in respect of the offence to which he desires to plead guilty, the accused shall be deemed simply to stand charged of that offence without a preliminary inquiry having been conducted or an indictment having been preferred with respect thereto.

  • Definition of newspaper

    (5) In this section, newspaper has the same meaning as in section 297.

  • R.S., 1985, c. C-46, s. 478
  • R.S., 1985, c. 27 (1st Supp.), ss. 64, 101(E)
  • 1994, c. 44, s. 33(E)

Marginal note:Offence outstanding in same province

 Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and

  • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or

  • (b) in any other case, the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • R.S., 1985, c. C-46, s. 479
  • R.S., 1985, c. 27 (1st Supp.), s. 65
  • 1994, c. 44, s. 34(E)

Marginal note:Offence in unorganized territory

  •  (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district.

  • Marginal note:New territorial division

    (2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division.

  • R.S., c. C-34, s. 436

Marginal note:Offence not in a province

 Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division.

  • R.S., c. C-34, s. 437

Marginal note:Offence in Canadian waters

 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72

Marginal note:Offence outside Canada

 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72
  • 2008, c. 18, s. 10

Marginal note:Appearance of accused at trial

 For greater certainty, the provisions of this Act relating to

  • (a) the requirement of the appearance of an accused at proceedings, and

  • (b) the exceptions to that requirement

apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

  • 1996, c. 31, s. 72

Rules of Court

Marginal note:Power to make rules

  •  (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

  • Marginal note:Power to make rules

    (2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

    • (a) every court of criminal jurisdiction for a province;

    • (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);

    • (c) the Ontario Court of Justice;

    • (d) the Court of Quebec and every municipal court in the Province of Quebec;

    • (e) the Provincial Court of Nova Scotia;

    • (f) the Provincial Court of New Brunswick;

    • (g) the Provincial Court of Manitoba;

    • (h) the Provincial Court of British Columbia;

    • (i) the Provincial Court of Prince Edward Island;

    • (j) the Provincial Court of Saskatchewan;

    • (k) the Provincial Court of Alberta;

    • (l) the Provincial Court of Newfoundland and Labrador;

    • (m) the Territorial Court of Yukon;

    • (n) the Territorial Court of the Northwest Territories; and

    • (o) the Nunavut Court of Justice.

  • Marginal note:Purpose of rules

    (3) Rules under subsection (1) or (2) may be made

    • (a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;

    • (b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;

    • (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

    • (d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,

      • (i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,

      • (ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

      • (iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

      • (iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and

      • (v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.

  • Marginal note:Publication

    (4) Rules of court that are made under this section must be published or otherwise made available to the public.

  • Marginal note:Regulations to secure uniformity

    (5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.

  • R.S., 1985, c. C-46, s. 482
  • R.S., 1985, c. 27 (1st Supp.), s. 66
  • 1994, c. 44, s. 35
  • 2002, c. 13, s. 17
  • 2015, c. 3, s. 50
  • 2019, c. 25, s. 186
 
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