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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-11-28 and last amended on 2022-11-17. Previous Versions

PART XXProcedure in Jury Trials and General Provisions (continued)

Pleas (continued)

 [ Repealed, 1991, c. 43, s. 3]

Organizations

Marginal note:Appearance by attorney

 Every organization against which an indictment is filed shall appear and plead by counsel or agent.

  • R.S., 1985, c. C-46, s. 620
  • 1997, c. 18, s. 70
  • 2003, c. 21, s. 11

Marginal note:Notice to organization

  •  (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization.

  • Marginal note:Contents of notice

    (2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded.

  • R.S., 1985, c. C-46, s. 621
  • 1997, c. 18, s. 71
  • 2003, c. 21, s. 11

Marginal note:Procedure on default of appearance

 Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea.

  • R.S., 1985, c. C-46, s. 622
  • 1997, c. 18, s. 72
  • 2003, c. 21, s. 11

Marginal note:Trial of organization

 Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies.

  • R.S., 1985, c. C-46, s. 623
  • 1995, c. 22, s. 10
  • 2003, c. 21, s. 11

Record of Proceedings

Marginal note:How recorded

  •  (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

  • Marginal note:Record of proceedings

    (2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.

  • R.S., c. C-34, s. 552

Marginal note:Form of record in case of amendment

 Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.

  • R.S., c. C-34, s. 553

Pre-hearing Conference

Marginal note:Pre-hearing conference

  •  (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.

  • Marginal note:Mandatory pre-trial hearing for jury trials

    (2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial.

  • R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F)
  • 1997, c. 18, s. 73
  • 2002, c. 13, s. 50

Juries

Marginal note:Qualification of jurors

  •  (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.

  • Marginal note:No disqualification based on sex

    (2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.

  • R.S., 1985, c. C-46, s. 626
  • R.S., 1985, c. 27 (1st Supp.), s. 128

Marginal note:Presiding judge

 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court.

  • 2002, c. 13, s. 51

Marginal note:Support for juror with physical disability

 The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.

  • R.S., 1985, c. C-46, s. 627
  • R.S., 1985, c. 2 (1st Supp.), s. 1
  • 1998, c. 9, s. 4

Challenging the Array

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129]

Marginal note:Challenging the jury panel

  •  (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.

  • Marginal note:In writing

    (2) A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.

  • Marginal note:Form

    (3) A challenge under this section may be in Form 40.

  • R.S., 1985, c. C-46, s. 629
  • R.S., 1985, c. 27 (1st Supp.), s. 130

Marginal note:Trying ground of challenge

 Where a challenge is made under section 629, the judge shall determine whether the alleged ground of challenge is true or not, and where he is satisfied that the alleged ground of challenge is true, he shall direct a new panel to be returned.

  • R.S., c. C-34, s. 559

Empanelling Jury

Marginal note:Names of jurors on cards

  •  (1) The name of each juror on a panel of jurors that has been returned, his number on the panel and his address shall be written on a separate card, and all the cards shall, as far as possible, be of equal size.

  • Marginal note:To be placed in box

    (2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.

  • Marginal note:Alternate jurors

    (2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3) or (3.1).

  • Marginal note:Additional jurors

    (2.2) If the judge considers it advisable in the interests of justice, he or she may order that 13 or 14 jurors, instead of 12, be sworn in accordance with this Part before the clerk of the court draws out the cards under subsection (3) or (3.1).

  • Marginal note:Cards to be drawn by clerk of court

    (3) If the array of jurors is not challenged or the array of jurors is challenged but the judge does not direct a new panel to be returned, the clerk of the court shall, in open court, draw out one after another the cards referred to in subsection (1), call out the number on each card as it is drawn and confirm with the person who responds that he or she is the person whose name appears on the card drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by.

  • Marginal note:Exception

    (3.1) The court, or a judge of the court, before which the jury trial is to be held may, if the court or judge is satisfied that it is necessary for the proper administration of justice, order the clerk of the court to call out the name and the number on each card.

  • Marginal note:Juror and other persons to be sworn

    (4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

  • Marginal note:Drawing additional cards if necessary

    (5) If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection (2.2) — and any alternate jurors are sworn.

  • Marginal note:Ban on publication, limitation to access or use of information

    (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if the court or judge is satisfied that such an order is necessary for the proper administration of justice, make an order

    • (a) directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way; or

    • (b) limiting access to or the use of that information.

  • R.S., 1985, c. C-46, s. 631
  • R.S., 1985, c. 27 (1st Supp.), s. 131
  • 1992, c. 41, s. 1
  • 1998, c. 9, s. 5
  • 2001, c. 32, ss. 38, 82
  • 2002, c. 13, s. 52
  • 2005, c. 32, s. 20
  • 2011, c. 16, s. 7

Marginal note:Excusing jurors

 The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

  • (a) personal interest in the matter to be tried;

  • (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or

  • (c) personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused.

  • R.S., 1985, c. C-46, s. 632
  • 1992, c. 41, s. 2
  • 2001, c. 32, s. 39
  • 2002, c. 13, s. 53

Marginal note:Stand by

 The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.

  • R.S., 1985, c. C-46, s. 633
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1992, c. 41, s. 2
  • 2001, c. 32, s. 40
  • 2019, c. 25, s. 269

 [Repealed, 2019, c. 25, s. 269]

Marginal note:Order of challenges

  •  (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.

  • Marginal note:Where there are joint trials

    (2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them,

    • (a) in respect of the first juror, before the prosecutor; and

    • (b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).

  • R.S., 1985, c. C-46, s. 635
  • R.S., 1985, c. 2 (1st Supp.), s. 2
  • 1992, c. 41, s. 2
  • 2019, c. 25, s. 270

 [Repealed, 1992, c. 41, s. 2]

Marginal note:Challenge for cause

  •  (1) A prosecutor or an accused is entitled to any number of challenges on the ground that

    • (a) the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to;

    • (b) a juror is not impartial;

    • (c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;

    • (d) a juror is not a Canadian citizen;

    • (e) a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or

    • (f) a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or who speak both official languages of Canada, as the case may be.

  • Marginal note:No other ground

    (2) No challenge for cause shall be allowed on a ground not mentioned in subsection (1).

  • (3) and (4) [Repealed, 1997, c. 18, s. 74]

  • (5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]

  • R.S., 1985, c. C-46, s. 638
  • R.S., 1985, c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96
  • 1997, c. 18, s. 74
  • 1998, c. 9, s. 6
  • 2019, c. 25, s. 271

Marginal note:Challenge in writing

  •  (1) Where a challenge is made on a ground mentioned in section 638, the court may, in its discretion, require the party that challenges to put the challenge in writing.

  • Marginal note:Form

    (2) A challenge may be in Form 41.

  • Marginal note:Denial

    (3) A challenge may be denied by the other party to the proceedings on the ground that it is not true.

  • R.S., c. C-34, s. 568
 
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