Criminal Code (R.S.C., 1985, c. C-46)

Trial

Marginal note:Trial continuous

• 645 (1) The trial of an accused shall proceed continuously subject to adjournment by the court.

• Marginal note:Adjournment

  (2) A judge may adjourn a trial from time to time in the same sittings.

• Marginal note:Formal adjournment unnecessary

  (3) For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required.

• Marginal note:Considerations

  (3.1) In deciding whether to adjourn the trial, the judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.

• Marginal note:Questions reserved for decision

  (4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.

• Marginal note:Questions reserved for decision in a trial with a jury

  (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

Marginal note:Taking evidence

646 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.

Marginal note:Separation of jurors

• 647 (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate.

• Marginal note:Keeping in charge

  (2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.

• Marginal note:Non-compliance with subsection (2)

  (3) Failure to comply with subsection (2) does not affect the validity of the proceedings.

• Marginal note:Empanelling new jury in certain cases

  (4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and

  • (a) direct that the accused be tried with a new jury during the same session or sittings of the court; or

  • (b) postpone the trial on such terms as justice may require.

• Marginal note:Refreshment and accommodation

  (5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.

Marginal note:Restriction on publication

• 648 (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

• Marginal note:Offence

  (2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.

• (3) [Repealed, 2005, c. 32, s. 21]

Marginal note:Disclosure of jury proceedings

• 649 (1) Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of the disclosure of information for the purposes of

  • (a) an investigation of an alleged offence under subsection 139(2) in relation to a juror;

  • (b) giving evidence in criminal proceedings in relation to such an offence; or

  • (c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person’s service at the trial as a juror or as a person who provided support services to a juror.

• Marginal note:Health care professional

  (3) For the purpose of paragraph (2)‍(c), the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.

Marginal note:Accused to be present

• 650 (1) Subject to subsections (1.1) and (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241, by audioconference or videoconference.

• Marginal note:Appearance by counsel

  (1.1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.

• (1.2) [Repealed, 2022, c. 17, s. 39]

• Marginal note:Exceptions

  (2) The court may

  • (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;

  • (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

  • (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

• Marginal note:To make defence

  (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.

Marginal note:Designation of counsel of record

• 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

• Marginal note:Contents of designation

  (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

• Marginal note:Effect of designation

  (3) If a designation is filed,

  • (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

    • (i) a part during which oral evidence of a witness is taken,

    • (ii) a part during which jurors are being selected, and

    • (iii) an application for a writ of habeas corpus;

  • (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and

  • (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

• Marginal note:When court orders presence of accused

  (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

  • (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

  • (b) issue a warrant to compel the presence of the accused.

Marginal note:Remote appearance

650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.

Marginal note:Pre-charge conference

650.1 A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury.

Marginal note:Summing up by prosecutor

• 651 (1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up.

• Marginal note:Summing up by accused

  (2) Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence.

• Marginal note:Accused’s right of reply

  (3) Where no witnesses are examined for an accused, he or his counsel is entitled to address the jury last, but otherwise counsel for the prosecution is entitled to address the jury last.

• Marginal note:Prosecutor’s right of reply where more than one accused

  (4) Where two or more accused are tried jointly and witnesses are examined for any of them, all the accused or their respective counsel are required to address the jury before it is addressed by the prosecutor.

Marginal note:View

• 652 (1) The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial.

• Marginal note:Directions to prevent communication

  (2) Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.

• Marginal note:Who shall attend

  (3) Where a view is ordered under subsection (1), the accused and the judge shall attend.

Marginal note:Trying of issues of indictment by jury

• 652.1 (1) After the charge to the jury, the jury shall retire to try the issues of the indictment.

• Marginal note:Reduction of number of jurors to 12

  (2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.

Marginal note:Disagreement of jury

• 653 (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require.

• Marginal note:Discretion not reviewable

  (2) A discretion that is exercised under subsection (1) by a judge is not reviewable.

Marginal note:Mistrial — rulings binding at new trial

653.1 In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented.

Marginal note:Proceeding on Sunday, etc., not invalid

654 The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday.

Evidence on Trial

Marginal note:Admissions at trial

655 Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.

Marginal note:Presumption — valuable minerals

656 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.