Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Instruction to stay

• 579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer, as defined in section 5 of the Preclearance Act, 2016, 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 direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement.

• Marginal note:Stay

  (2) The clerk or other officer of the court shall make the entry immediately after being so directed, and on the entry being made the proceedings are stayed and any recognizance relating to the proceedings is vacated.

• Marginal note:Recommencement

  (3) The proceedings may be recommenced without laying a new information or preferring a new indictment, if the Attorney General or counsel instructed by him or her gives notice to the clerk or other officer of the court that

  • (a) the Government of the United States has provided notice of waiver under paragraph 15 of Article X of the Agreement; or

  • (b) the Government of the United States has declined, or is unable, to prosecute the accused and the accused has returned to Canada.

• Marginal note:Proceedings deemed never commenced

  (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.

• Marginal note:Definition of Agreement

  (5) In this section, Agreement means the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015.

Marginal note:When Attorney General does not stay proceedings

579.01 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions.

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;

  • (b) the proceedings have not been instituted by an Attorney General;

  • (c) judgment has not been rendered; and

  • (d) the Attorney General of the province in which the proceedings are taken has not intervened.

• 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.

Marginal note:Form of indictment

580 An indictment is sufficient if it is on paper and is in Form 4.

General Provisions respecting Counts

Marginal note:Substance of offence

• 581 (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified.

• Marginal note:Form of statement

  (2) The statement referred to in subsection (1) may be

  • (a) in popular language without technical averments or allegations of matters that are not essential to be proved;

  • (b) in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or

  • (c) in words that are sufficient to give to the accused notice of the offence with which he is charged.

• Marginal note:Details of circumstances

  (3) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the count.

• Marginal note:Indictment for treason

  (4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment.

• Marginal note:Reference to section

  (5) A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference.

• Marginal note:General provisions not restricted

  (6) Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section.

Marginal note:High treason and first degree murder

582 No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.

Marginal note:Certain omissions not grounds for objection

583 No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that

• (a) it does not name the person injured or intended or attempted to be injured;

• (b) it does not name the person who owns or has a special property or interest in property mentioned in the count;

• (c) it charges an intent to defraud without naming or describing the person whom it was intended to defraud;

• (d) it does not set out any writing that is the subject of the charge;

• (e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;

• (f) it does not specify the means by which the alleged offence was committed;

• (g) it does not name or describe with precision any person, place or thing; or

• (h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.

Special Provisions respecting Counts

Marginal note:Sufficiency of count charging libel

• 584 (1) No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.

• Marginal note:Specifying sense

  (2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.

• Marginal note:Proof

  (3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.

Marginal note:Sufficiency of count charging perjury, etc.

585 No count that charges

• (a) perjury,

• (b) the making of a false oath or a false statement,

• (c) fabricating evidence, or

• (d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c),

is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used.

Marginal note:Sufficiency of count relating to fraud

586 No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.

Particulars

Marginal note:What may be ordered

• 587 (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars

  • (a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;

  • (b) of any false pretence or fraud that is alleged;

  • (c) of any alleged attempt or conspiracy by fraudulent means;

  • (d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;

  • (e) further describing any writing or words that are the subject of a charge;

  • (f) further describing the means by which an offence is alleged to have been committed; or

  • (g) further describing a person, place or thing referred to in an indictment.

• Marginal note:Regard to evidence

  (2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.

• Marginal note:Particular

  (3) Where a particular is delivered pursuant to this section,

  • (a) a copy shall be given without charge to the accused or his counsel;

  • (b) the particular shall be entered in the record; and

  • (c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.

Ownership of Property

Marginal note:Ownership

588 The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.

Joinder or Severance of Counts

Marginal note:Count for murder

589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless

• (a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or

• (b) the accused signifies consent to the joinder of the counts.

Marginal note:Offences may be charged in the alternative

• 590 (1) A count is not objectionable by reason only that

  • (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or

  • (b) it is double or multifarious.

• Marginal note:Application to amend or divide counts

  (2) An accused may at any stage of his trial apply to the court to amend or to divide a count that

  • (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or

  • (b) is double or multifarious,

  on the ground that, as framed, it embarrasses him in his defence.

• Marginal note:Order

  (3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.

Marginal note:Joinder of counts

• 591 (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4.

• Marginal note:Each count separate

  (2) Where there is more than one count in an indictment, each count may be treated as a separate indictment.

• Marginal note:Severance of accused and counts

  (3) The court may, where it is satisfied that the interests of justice so require, order

  • (a) that the accused or defendant be tried separately on one or more of the counts; and

  • (b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.

• Marginal note:Order for severance

  (4) An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts

  • (a) on which the trial does not proceed; or

  • (b) in respect of the accused or defendant who has been granted a separate trial.

• Marginal note:Delayed enforcement

  (4.1) The court may make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specified event if, taking into account, among other considerations, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so.

• Marginal note:Decisions binding on parties

  (4.2) Unless the court is satisfied that it would not be in the interests of justice, the decisions relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that are made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made — or could have been made — before the stage at which the evidence on the merits is presented.

• Marginal note:Subsequent procedure

  (5) The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment.

• Marginal note:Idem

  (6) Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation to which the order was made as if they were contained in a separate indictment.