Criminal Code Provisions
| Author | David M. Tanovich; David Paciocco; Steven Skurka |
| Pages | 294-311 |
CRIMINAL
CO
DE
PROVISIONS
TRIAL
BY
JURY COMPULSORY.
471.
Except where otherwise expressly provided
by
law, every accused
who is
charged with
an
indictable
offence
shall
be
tried
by a
court composed
of
a
judge
and
jury.
R.S.,
c.
C-34,
s.
429.
TRIAL
WITHOUT
JURY/Joinder
of
other
offences/Withdrawal
of
consent.
473.
(1)
Notwithstanding anything
in
this Act,
an
accused charged with
an
offence
listed
in
section
469
may, with
the
consent
of the
accused
and
the
Attorney
General,
be
tried
without
a
jury
by a
judge
of a
superior court
of
criminal jurisdiction.
(1.1)
Where
the
consent
of the
accused
and the
Attorney General
is
given
in
accordance with subsection (1),
the
judge
of the
superior
court
of
criminal jurisdiction
may
order that
any
offence
be
tried
by
that
judge
in
conjunction with
the
offence
listed
in
section 469.
(2)
Notwithstanding
anything
in
this Act, where
the
consent
of an
accused
and the
Attorney General
is
given
in
accordance with subsec-
tion
(1),
that consent shall
not be
withdrawn unless both
the
accused
and
the
Attorney General agree
to the
withdrawal. R.S.,
c.
C-34,
s.
430; R.S.C. 1985,
c. 27
(1st Supp.),
s. 63;
1994,
c. 44, s. 30.
294
JLlHilUMiliMM
Criminal
Code
Provisions
295
ADJOURNMENT
WHEN
NO
JURY
SUMMONED/Adjournment
on
instruction
of
judge.
474.
(1)
Where
the
competent authority
has
determined that
a
panel
of
jurors
is not to be
summoned
for a
term
or
sittings
of the
court
for
the
trial
of
criminal cases
in any
territorial division,
the
clerk
of the
court may,
on the day of the
opening
of the
term
or
sittings,
if a
judge
is not
present
to
preside over
the
court, adjourn
the
court
and
the
business
of the
court
to a
subsequent day. R.S.,
c.
C-34,
s.
431.
(2)
A
clerk
of the
court
of the
trial
of
criminal cases
in any
territorial
division may,
at any
time,
on the
instructions
of the
presiding
judge
or
another judge
of the
court, adjourn
the
court
and the
business
of the
court
to a
subsequent day. R.S.,
c.
C-34,
s.
431;
1994,
c. 44, s. 31.
REMAND
BY
JUSTICE
TO
PROVINCIAL
COURT
JUDGE
IN
CERTAIN
CASES/Election
before
justice
in
certain
cases/Procedure
where
accused
elects
trial
by
provincial
court
judge/Procedure
where
accused
elects
trial
by
judge
alone
or by
judge
and
jury
or
deemed
elec-
tion/Jurisdiction.
536.
(1)
Where
an
accused
is
before
a
justice
other
than
a
provincial court
judge
charged with
an
offence
over which
a
provincial court judge
has
absolute jurisdiction under section 553,
the
justice shall
remand
the
accused
to
appear before
a
provincial
court
judge hav-
ing
jurisdiction
in the
territorial division
in
which
the
offence
is
alleged
to
have been committed.
(2)
Where
an
accused
is
before
a
justice charged with
an
offence,
other
than
an
offence
listed
in
section 469,
and the
offence
is not one
over which
a
provincial court judge
has
absolute jurisdiction under
section
553,
the
justice shall,
after
the
information
has
been read
to
the
accused,
put the
accused
to his
election
in the
following words:
You
have
the
option
to
elect
to be
tried
by a
provincial court
judge
without
a
jury
and
without having
had a
preliminary
inquiry;
or you may
elected
to
have
a
preliminary inquiry
and
to be
tried
by a
judge without
a
jury;
or you may
elect
to
have
a
preliminary inquiry
and to be
tried
by a
court
composed
of a
judge
and
jury.
If you do not
elect now,
you
shall
be
deemed
to
have elected
to
have
a
preliminary
inquiry
and to be
tried
by a
court composed
of a
judge
and
jury.
How do you
elect
to be
tried?
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