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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-05-04 and last amended on 2019-12-18. Previous Versions

PART XVIIIProcedure on Preliminary Inquiry (continued)

Jurisdiction (continued)

Marginal note:Remand by justice — Nunavut

  •  (1) If an accused is before a justice of the peace charged with an indictable offence mentioned in section 553, the justice of the peace shall remand the accused to appear before a judge.

  • Marginal note:Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment

    (2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, 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 or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election before judge or justice of the peace in Nunavut — other indictable offences

    (2.1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, 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. How do you elect to be tried?

  • Marginal note:Request for preliminary inquiry — Nunavut

    (3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

    • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

    • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2.1)

    (4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:Procedure if accused elects trial by judge — Nunavut

    (4.2) If no request for a preliminary inquiry is made under subsection (3),

    • (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or

    • (b) if the accused is before a judge, the judge shall

      • (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or

      • (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.

  • Marginal note:Jurisdiction — Nunavut

    (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3).

  • Marginal note:Application to Nunavut

    (6) This section, and not section 536, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 35
  • 2002, c. 13, s. 26
  • 2004, c. 12, s. 10
  • 2019, c. 25, s. 240

Marginal note:Elections and re-elections in writing

 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.

  • 2002, c. 13, s. 27

Procedures before Preliminary Inquiry

Marginal note:Statement of issues and witnesses

 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies

  • (a) the issues on which the requesting party wants evidence to be given at the inquiry; and

  • (b) the witnesses that the requesting party wants to hear at the inquiry.

  • 2002, c. 13, s. 27
  • 2011, c. 16, s. 3(F)

Marginal note:Order for hearing

  •  (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice’s own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

    • (a) assist the parties to identify the issues on which evidence will be given at the inquiry;

    • (b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances; and

    • (c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.

  • Marginal note:Agreement to be recorded

    (2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.

  • 2002, c. 13, s. 27

Marginal note:Agreement to limit scope of preliminary inquiry

 Whether or not a hearing is held under section 536.4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.

  • 2002, c. 13, s. 27
  • 2019, c. 25, s. 241(E)

Powers of Justice

Marginal note:Powers of justice

  •  (1) A justice acting under this Part may

    • (a) adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason;

    • (b) remand the accused to custody for the purposes of the Identification of Criminals Act;

    • (c) except where the accused is authorized pursuant to Part XVI to be at large, remand the accused to custody in a prison by warrant in Form 19;

    • (d) resume an inquiry before the expiration of a period for which it has been adjourned with the consent of the prosecutor and the accused or his counsel;

    • (e) order in writing, in Form 30, that the accused be brought before him, or any other justice for the same territorial division, at any time before the expiration of the time for which the accused has been remanded;

    • (f) grant or refuse permission to the prosecutor or his counsel to address him in support of the charge, by way of opening or summing up or by way of reply on any evidence that is given on behalf of the accused;

    • (g) receive evidence on the part of the prosecutor or the accused, as the case may be, after hearing any evidence that has been given on behalf of either of them;

    • (h) order that no person other than the prosecutor, the accused and their counsel shall have access to or remain in the room in which the inquiry is held, where it appears to him that the ends of justice will be best served by so doing;

    • (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;

    • (j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

    • (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and

    • (k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Power provided under paragraph (1)(i)

    (1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

  • Marginal note:Section 715 or 715.01

    (1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01.

  • Marginal note:Inappropriate questioning

    (1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.

  • Marginal note:Change of venue

    (2) Where a justice changes the place of hearing under paragraph (1)(a) to a place in the same province, other than a place in a territorial division in which the justice has jurisdiction, any justice who has jurisdiction in the place to which the hearing is changed may continue the hearing.

  • (3) and (4) [Repealed, 1991, c. 43, s. 9]

  • R.S., 1985, c. C-46, s. 537
  • 1991, c. 43, s. 9
  • 1994, c. 44, s. 53
  • 1997, c. 18, s. 64
  • 2002, c. 13, s. 28
  • 2008, c. 18, s. 22
  • 2019, c. 25, s. 242
 
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