Criminal Code (R.S.C., 1985, c. C-46)

Joinder of Accused in Certain Cases

Marginal note:Accessories after the fact

592 Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice.

Marginal note:Trial of persons jointly

• 593 (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though

  • (a) the property was had in possession at different times; or

  • (b) the person by whom the property was obtained

    • (i) is not indicted with them, or

    • (ii) is not in custody or is not amenable to justice.

• Marginal note:Conviction of one or more

  (2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

594 to 596 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]

Proceedings when Person Indicted is at Large

Marginal note:Bench warrant

• 597 (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

• Marginal note:Execution

  (2) A warrant issued under subsection (1) may be executed anywhere in Canada.

• 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.

• Marginal note:Discretion to postpone execution

  (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.

• Marginal note:Deemed execution of warrant

  (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

Marginal note:Election deemed to be waived

• 598 (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

  • (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or

  • (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

• Marginal note:Election deemed to be waived

  (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

Change of Venue

Marginal note:Reasons for change of venue

• 599 (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if

  • (a) it appears expedient to the ends of justice, including

    • (i) to promote a fair and efficient trial, and

    • (ii) to ensure the safety and security of a victim or witness or to protect their interests and those of society; or

  • (b) a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held.

• (2) [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16]

• Marginal note:Conditions respecting expense

  (3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.

• Marginal note:Transmission of record

  (4) Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit them forthwith to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commenced, shall be continued in that court.

• Marginal note:Idem

  (5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held.

Marginal note:Order is authority to remove prisoner

600 An order that is made under section 599 is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for the removal, disposal and reception of an accused in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison in the territorial division in which the trial is ordered to be held.

Amendment

Marginal note:Amending defective indictment or count

• 601 (1) An objection to an indictment preferred under this Part or to a count in an indictment, for a defect apparent on its face, shall be taken by motion to quash the indictment or count before the accused enters a plea, and, after the accused has entered a plea, only by leave of the court before which the proceedings take place. The court before which an objection is taken under this section may, if it considers it necessary, order the indictment or count to be amended to cure the defect.

• Marginal note:Amendment where variance

  (2) Subject to this section, a court may, on the trial of an indictment, amend the indictment or a count therein or a particular that is furnished under section 587, to make the indictment, count or particular conform to the evidence, where there is a variance between the evidence and

  • (a) a count in the indictment as preferred; or

  • (b) a count in the indictment

    • (i) as amended, or

    • (ii) as it would have been if it had been amended in conformity with any particular that has been furnished pursuant to section 587.

• Marginal note:Amending indictment

  (3) Subject to this section, a court shall, at any stage of the proceedings, amend the indictment or a count therein as may be necessary where it appears

  • (a) that the indictment has been preferred under a particular Act of Parliament instead of another Act of Parliament;

  • (b) that the indictment or a count thereof

    • (i) fails to state or states defectively anything that is requisite to constitute the offence,

    • (ii) does not negative an exception that should be negatived,

    • (iii) is in any way defective in substance,

    and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the preliminary inquiry or on the trial; or

  • (c) that the indictment or a count thereof is in any way defective in form.

• Marginal note:Matters to be considered by the court

  (4) The court shall, in considering whether or not an amendment should be made to the indictment or a count in it, consider

  • (a) the matters disclosed by the evidence taken on the preliminary inquiry;

  • (b) the evidence taken on the trial, if any;

  • (c) the circumstances of the case;

  • (d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) or (3); and

  • (e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.

• Marginal note:Variance not material

  (4.1) A variance between the indictment or a count therein and the evidence taken is not material with respect to

  • (a) the time when the offence is alleged to have been committed, if it is proved that the indictment was preferred within the prescribed period of limitation, if any; or

  • (b) the place where the subject-matter of the proceedings is alleged to have arisen, if it is proved that it arose within the territorial jurisdiction of the court.

• Marginal note:Adjournment if accused prejudiced

  (5) Where, in the opinion of the court, the accused has been misled or prejudiced in his defence by a variance, error or omission in an indictment or a count therein, the court may, if it is of the opinion that the misleading or prejudice may be removed by an adjournment, adjourn the proceedings to a specified day or sittings of the court and may make such an order with respect to the payment of costs resulting from the necessity for amendment as it considers desirable.

• Marginal note:Question of law

  (6) The question whether an order to amend an indictment or a count thereof should be granted or refused is a question of law.

• Marginal note:Endorsing indictment

  (7) An order to amend an indictment or a count therein shall be endorsed on the indictment as part of the record and the proceedings shall continue as if the indictment or count had been originally preferred as amended.

• Marginal note:Mistakes not material

  (8) A mistake in the heading of an indictment shall be corrected as soon as it is discovered but, whether corrected or not, is not material.

• Marginal note:Limitation

  (9) The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53.

• Marginal note:Definition of court

  (10) In this section, court means a court, judge, justice or provincial court judge acting in summary conviction proceedings or in proceedings on indictment.

• Marginal note:Application

  (11) This section applies to all proceedings, including preliminary inquiries, with such modifications as the circumstances require.

602 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124]

Inspection and Copies of Documents

Marginal note:Right of accused

603 An accused is entitled, after he has been ordered to stand trial or at his trial,

• (a) to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and

• (b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy

  • (i) of the evidence,

  • (ii) of his own statement, if any, and

  • (iii) of the indictment;

  but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.

604 [Repealed, 1997, c. 18, s. 69]

Marginal note:Release of exhibits for testing

• 605 (1) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.

• Marginal note:Disobeying orders

  (2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.

Pleas

Marginal note:Pleas permitted

• 606 (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.

• Marginal note:Conditions for accepting guilty plea

  (1.1) A court may accept a plea of guilty only if it is satisfied that

  • (a) the accused is making the plea voluntarily;

  • (b) the accused understands

    • (i) that the plea is an admission of the essential elements of the offence,

    • (ii) the nature and consequences of the plea, and

    • (iii) that the court is not bound by any agreement made between the accused and the prosecutor; and

  • (c) the facts support the charge.

• Marginal note:Validity of plea

  (1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.

• Marginal note:Refusal to plead

  (2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.

• Marginal note:Allowing time

  (3) An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.

• Marginal note:Included or other offence

  (4) Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.

• Marginal note:Inquiry of court  —  murder and serious personal injury offences

  (4.1) If the accused is charged with a serious personal injury offence, as that expression is defined in section 752, or with the offence of murder, and the accused and the prosecutor have entered into an agreement under which the accused will enter a plea of guilty of the offence charged  —  or a plea of not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence  —  the court shall, after accepting the plea of guilty, inquire of the prosecutor if reasonable steps were taken to inform the victims of the agreement.

• Marginal note:Inquiry of court  —  certain indictable offences

  (4.2) If the accused is charged with an offence, as defined in section 2 of the Canadian Victims Bill of Rights, that is an indictable offence for which the maximum punishment is imprisonment for five years or more, and that is not an offence referred to in subsection (4.1), and the accused and the prosecutor have entered into an agreement referred to in subsection (4.1), the court shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement.

• Marginal note:Duty to inform

  (4.3) If subsection (4.1) or (4.2) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.

• Marginal note:Validity of plea

  (4.4) Neither the failure of the court to inquire of the prosecutor, nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement, affects the validity of the plea.

• (5) [Repealed, 2022, c. 17, s. 37]