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 2022-11-16 and last amended on 2022-10-26. Previous Versions

PART XXVIExtraordinary Remedies (continued)

Marginal note:Defect in form

 No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where

  • (a) it is alleged in the warrant that the defendant was convicted; and

  • (b) there is a valid conviction to sustain the warrant.

  • R.S., c. C-34, s. 716

Marginal note:No action against official when conviction, etc., quashed

 Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.

  • R.S., 1985, c. C-46, s. 783
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Appeal in mandamus, etc.

  •  (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition.

  • Marginal note:Application of Part XXI

    (2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.

  • Marginal note:Refusal of application, and appeal

    (3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.

  • Marginal note:Where writ granted

    (4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.

  • Marginal note:Appeal from judgment on return of writ

    (5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.

  • Marginal note:Hearing of appeal

    (6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

  • R.S., 1985, c. C-46, s. 784
  • 1997, c. 18, s. 109

PART XXVIISummary Convictions

Interpretation

Marginal note:Definitions

 In this Part,

clerk of the appeal court

clerk of the appeal court includes a local clerk of the appeal court; (greffier de la cour d’appel)

informant

informant means a person who lays an information; (dénonciateur)

information

information includes

  • (a) a count in an information, and

  • (b) a complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (dénonciation)

order

order means any order, including an order for the payment of money; (ordonnance)

proceedings

proceedings means

  • (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and

  • (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (procédures)

prosecutor

prosecutor means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; (poursuivant)

sentence

sentence includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

  • (e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

summary conviction court

summary conviction court means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who

  • (a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,

  • (b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or

  • (c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; (cour des poursuites sommaires)

trial

trial includes the hearing of a complaint. (procès ou instruction)

  • R.S., 1985, c. C-46, s. 785
  • R.S., 1985, c. 27 (1st Supp.), ss. 170, 203
  • 1992, c. 1, s. 58
  • 1995, c. 22, s. 7, c. 39, s. 156
  • 1996, c. 19, s. 76
  • 1999, c. 25, s. 23(Preamble)
  • 2002, c. 13, s. 78
  • 2006, c. 14, s. 7
  • 2013, c. 11, s. 4
  • 2018, c. 16, s. 223, c. 21, s. 26
  • 2019, c. 25, s. 314

Marginal note:Application of Part

  •  (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.

  • Marginal note:Limitation

    (2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.

Punishment

Marginal note:General penalty

  •  (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.

  • Marginal note:Imprisonment in default if not otherwise specified

    (2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.

  • R.S., 1985, c. C-46, s. 787
  • R.S., 1985, c. 27 (1st Supp.), s. 171
  • 2008, c. 18, s. 44
  • 2019, c. 25, s. 316

Information

Marginal note:Commencement of proceedings

  •  (1) Proceedings under this Part shall be commenced by laying an information in Form 2.

  • Marginal note:One justice may act before the trial

    (2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may

    • (a) receive the information;

    • (b) issue a summons or warrant with respect to the information; and

    • (c) do all other things preliminary to the trial.

  • R.S., c. C-34, s. 723

Marginal note:Formalities of information

  •  (1) In proceedings to which this Part applies, an information

    • (a) shall be in writing and under oath; and

    • (b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.

  • Marginal note:No reference to previous convictions

    (2) No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

  • R.S., c. C-34, s. 724

Marginal note:Any justice may act before and after trial

  •  (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held.

  • Marginal note:Two or more justices

    (2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.

  • (3) and (4) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172]

  • R.S., 1985, c. C-46, s. 790
  • R.S., 1985, c. 27 (1st Supp.), s. 172

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]

Defects and Objections

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]

Marginal note:No need to negative exception, etc.

  •  (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

  • (2) [Repealed, 2018, c. 29, s. 68]

  • R.S., 1985, c. C-46, s. 794
  • 2018, c. 29, s. 68

Application

Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX and XX.1

 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

  • R.S., 1985, c. C-46, s. 795
  • R.S., 1985, c. 27 (1st Supp.), s. 176
  • 1991, c. 43, s. 7
  • 2011, c. 16, s. 16

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]

Trial

Marginal note:Jurisdiction

 Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction.

  • R.S., c. C-34, s. 733

Marginal note:Non-appearance of prosecutor

 Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the information or may adjourn the trial to some other time on such terms as it considers proper.

  • R.S., c. C-34, s. 734

Marginal note:When both parties appear

  •  (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

  • Marginal note:Counsel or agent

    (2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

  • Marginal note:Video links

    (2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Appearance by organization

    (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

Marginal note:Arraignment

  •  (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked,

    • (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or

    • (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.

  • Marginal note:Finding of guilt, conviction or order if charge admitted

    (2) Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the summary conviction court shall convict the defendant, discharge the defendant under section 730 or make an order against the defendant accordingly.

  • Marginal note:Procedure if charge not admitted

    (3) Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the summary conviction court shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in accordance with the provisions of Part XVIII relating to preliminary inquiries.

  • (4) and (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 177]

  • R.S., 1985, c. C-46, s. 801
  • R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10
 
Date modified: