Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

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

PART XVIIIProcedure on Preliminary Inquiry (continued)

Adjudication and Recognizances (continued)

Marginal note:Order to stand trial at any stage of inquiry with consent

  •  (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence.

  • Marginal note:Limited preliminary inquiry

    (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.

  • Marginal note:Procedure

    (2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.

  • R.S., 1985, c. C-46, s. 549
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 2002, c. 13, s. 30
  • 2019, c. 25, s. 247

Marginal note:Recognizance of witness

  •  (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused.

  • Marginal note:Clarification

    (2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.

  • Marginal note:Sureties or deposit for appearance of witness

    (3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section

    • (a) to produce one or more sureties in such amount as he may direct; or

    • (b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.

  • Marginal note:Witness refusing to be bound

    (4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded.

  • Marginal note:Discharge

    (5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded.

  • R.S., 1985, c. C-46, s. 550
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 2019, c. 25, s. 248

Transmission of Record

Marginal note:Transmission of record by justice

 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any 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.

  • R.S., 1985, c. C-46, s. 551
  • R.S., 1985, c. 27 (1st Supp.), s. 102
  • 2019, c. 25, s. 249

PART XVIII.1Case Management Judge

Marginal note:Appointment

  •  (1) On application by the prosecutor or the accused or on his or her own motion, the Chief Justice or the Chief Judge of the court before which a trial is to be or is being held or the judge that the Chief Justice or the Chief Judge designates may, if he or she is of the opinion that it is necessary for the proper administration of justice, appoint a judge as the case management judge for that trial at any time before the jury selection, if the trial is before a judge and jury, or before the stage at which the evidence on the merits is presented, if the trial is being heard by a judge without a jury or a provincial court judge.

  • Marginal note:Conference or hearing

    (2) The Chief Justice or the Chief Judge or his or her designate may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held for the purpose of deciding if it is necessary for the proper administration of justice to proceed with the appointment.

  • (3) [Repealed, 2019, c. 25, s. 250]

  • Marginal note:Same judge

    (4) The appointment of a judge as the case management judge does not prevent him or her from becoming the judge who hears the evidence on the merits.

  • 2011, c. 16, s. 4
  • 2019, c. 25, s. 250

Marginal note:Role

 The case management judge shall assist in promoting a fair and efficient trial, including by ensuring that the evidence on the merits is presented, to the extent possible, without interruption.

  • 2011, c. 16, s. 4

Marginal note:Powers before evidence on merits presented

  •  (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by

    • (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses’ needs and circumstances;

    • (b) encouraging the parties to make admissions and reach agreements;

    • (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial;

    • (d) establishing schedules and imposing deadlines on the parties;

    • (e) hearing guilty pleas and imposing sentences;

    • (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented;

    • (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to

      • (i) the disclosure of evidence,

      • (ii) the admissibility of evidence,

      • (iii) the Canadian Charter of Rights and Freedoms,

      • (iv) expert witnesses,

      • (v) the severance of counts, and

      • (vi) the separation of trials on one or more counts when there is more than one accused; and

    • (h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.

  • Marginal note:Hearing

    (2) The case management judge shall order that a hearing be held for the purpose of exercising the power referred to in paragraph (1)(g).

  • Marginal note:Power exercised at trial

    (3) When the case management judge exercises the power referred to in paragraph (1)(g), he or she is doing so at trial.

  • Marginal note:Decision binding

    (4) A decision that results from the exercise of the power referred to in paragraph (1)(g) is binding on the parties for the remainder of the trial — even if the judge who hears the evidence on the merits is not the same as the case management judge — unless the court is satisfied that it would not be in the interests of justice because, among other considerations, fresh evidence has been adduced.

  • 2011, c. 16, s. 4
  • 2019, c. 25, s. 251

Marginal note:Information relevant to presentation of evidence on merits to be part of court record

  •  (1) When the case management judge is of the opinion that the measures to promote a fair and efficient trial that can be taken before the stage of the presentation of the evidence on the merits have been taken — including adjudicating the issues that can be decided — he or she shall ensure that the court record includes information that, in his or her opinion, may be relevant at the stage of the presentation of the evidence on the merits, including

    • (a) the names of the witnesses to be heard that have been identified by the parties;

    • (b) any admissions made and agreements reached by the parties;

    • (c) the estimated time required to conclude the trial;

    • (d) any orders and decisions; and

    • (e) any issues identified by the parties that are to be dealt with at the stage of the presentation of the evidence on the merits.

  • Marginal note:Exception

    (2) This section does not apply to a case management judge who also hears the evidence on the merits.

  • 2011, c. 16, s. 4
 
Date modified: