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This enactment amends the Criminal Code by
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(a) codifying and clarifying the review process for applications to
the Minister of Justice with respect to allegations of miscarriage of
justice;
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(b) increasing the maximum penalty for criminal harassment;
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(c) making home invasions an aggravating circumstance for
sentencing purposes; and
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(d) reforming and modernizing criminal procedure with respect to
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(i) procedural aspects of preliminary inquiries,
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(ii) the disclosure of expert evidence,
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(iii) rules of court in relation to case management and preliminary
inquiries,
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(iv) electronic documents and remote appearances,
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(v) a plea comprehension inquiry scheme,
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(vi) private prosecutions,
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(vii) the selection of alternate jurors, and
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(viii) restriction on the use of agents.
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This enactment also amends the National Capital Act by increasing
the maximum fine available and the National Defence Act by providing
for fingerprinting.
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Clause 1: New.
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Clause 2: The relevant portion of subsection 7(2.31)
reads as follows:
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(2.31) Despite anything in this Act or any other Act, a crew member
of a Partner State who commits an act or omission outside Canada
during a space flight on, or in relation to, a flight element of the Space
Station or on any means of transportation to and from the Space Station
that if committed in Canada would constitute an indictable offence is
deemed to have committed that act or omission in Canada, if that act or
omission
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(b) is committed on, or in relation to, a flight element provided by
Canada or damages a Canadian flight element.
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Clause 3: The relevant portion of subsection 264(3)
reads as follows:
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(3) Every person who contravenes this section is guilty of
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(a) an indictable offence and is liable to imprisonment for a term not
exceeding five years; or
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Clause 4: New.
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Clause 5: (1) Subsection 482(2) reads as follows:
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(2) Every court of criminal jurisdiction for a province and every
appeal court within the meaning of section 812 that is not a court
referred to in subsection (1) may, subject to the approval of the
lieutenant governor in council of the province, make rules of court not
inconsistent with this Act or any other Act of Parliament, and any rules
so made apply to any prosecution, proceeding, action or appeal, as the
case may be, within the jurisdiction of that court, instituted in relation
to any matter of a criminal nature or arising from or incidental to any
such prosecution, proceeding, action or appeal.
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(2) The relevant portion of subsection 482(3) reads as
follows:
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(3) Rules under subsection (1) or (2) may be made
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(c) to regulate in criminal matters the pleading, practice and
procedure in the court including pre-hearing conferences held
pursuant to section 625.1 and proceedings with respect to judicial
interim release and, in the case of rules under subsection (1),
proceedings with respect to mandamus, certiorari, habeas corpus,
prohibition and procedendo and proceedings on an appeal under
section 830; and
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Clause 6: New.
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Clause 7: Subsection 485(1.1) reads as follows:
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(1.1) Jurisdiction over an accused is not lost by reason of the failure
of the accused to appear personally, so long as paragraph 537(1)(j) or
subsection 650(1.1) applies and the accused is to appear by counsel.
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Clause 8: The relevant portion of subsection 507(1)
reads as follows:
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507. (1) Subject to subsection 523(1.1), a justice who receives an
information, other than an information laid before the justice under
section 505, shall, except where an accused has already been arrested
with or without a warrant,
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Clause 9: New.
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Clause 10: The relevant portion of section 529.1 reads
as follows:
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529.1 A judge or justice may issue a warrant in Form 7.1 authorizing
a peace officer to enter a dwelling-house described in the warrant for the
purpose of arresting or apprehending a person identified or identifiable
by the warrant if the judge or justice is satisfied by information on oath
that there are reasonable grounds to believe that the person is or will be
present in the dwelling-house and that
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(b) grounds exist to arrest the person without warrant under
paragraph 495(1)(a) or (b); or
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Clause 11: Section 535 reads as follows:
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535. Where an accused who is charged with an indictable offence is
before a justice, the justice shall, in accordance with this Part, inquire
into that charge and any other indictable offence, in respect of the same
transaction, founded on the facts that are disclosed by the evidence
taken in accordance with this Part.
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Clause 12: (1) Subsection 536(2) reads as follows:
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(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:
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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
elect 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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(2) Subsections 536(4.1) to (4.3) are new. Subsection
536(4) reads as follows:
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(4) Where an accused elects to have a preliminary inquiry and to be
tried by a judge without a jury or by a court composed of a judge and
jury or does not elect when put to his election, the justice shall hold a
preliminary inquiry into the charge and if the accused is ordered to stand
trial, the justice shall endorse on the information and, where the accused
is in custody, on the warrant of committal, a statement showing the
nature of the election of the accused or that the accused did not elect, as
the case may be.
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Clause 13: Subsections 536.1(4.1) and (4.2) are new.
Subsections 536.1(2) to (5) read as follows:
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(2) If an accused is before a justice of the peace or a judge charged
with an indictable offence, other than an offence mentioned in section
469 or 553, the justice of the peace or judge shall, after the information
has been read to the accused, put the accused to an election in the
following words:
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You have the option to elect to be tried by a judge without a jury and
without having had a preliminary inquiry; or you may elect 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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(3) If an accused elects to be tried by a judge without a jury and
without having had a preliminary inquiry, the justice of the peace or
judge shall endorse on the information a record of the election and,
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(a) if the accused is before a justice of the peace, the justice of the
peace shall remand the accused to appear and plead to the charge
before a judge; or
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(b) if the accused is before a judge, the judge shall call on the accused
to plead to the charge and if the accused does not plead guilty,
proceed with the trial or fix a time for the trial.
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(4) If an accused elects to have a preliminary inquiry and to be tried
by a judge without a jury or by a court composed of a judge and jury or
does not elect when put to an election, the justice of the peace or judge
shall hold a preliminary inquiry into the charge and if the accused is
ordered to stand trial, the justice of the peace or judge shall endorse on
the information and, if the accused is in custody, on the warrant of
committal, a statement showing the nature of the election of the accused
or that the accused did not elect, as the case may be.
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(5) If a justice of the peace before whom a preliminary inquiry is
being or is to be held has not commenced to take evidence, any justice
of the peace having jurisdiction in Nunavut has jurisdiction for the
purposes of subsection (4).
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Clause 14: New.
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Clause 15: (1) and (2) Paragraph 537(1)(j.1) is new.
The relevant portion of subsection 537(1) reads as
follows:
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537. (1) A justice acting under this Part may
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(i) regulate the course of the inquiry in any way that appears to him
to be desirable and that is not inconsistent with this Act;
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(3) New.
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Clause 16: (1) The relevant portion of subsection
540(1) reads as follows:
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540. (1) Where an accused is before a justice holding a preliminary
inquiry, the justice shall
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(a) take the evidence under oath, in the presence of the accused, of
the witnesses called on the part of the prosecution and allow the
accused or his counsel to cross-examine them; and
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(2) New.
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Clause 17: Subsection 549(1.1) is new. Subsection
549(2) reads as follows:
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(2) Where an accused is ordered to stand trial under subsection (1),
the justice shall endorse on the information a statement of the consent
of the accused and the prosecutor, and the accused shall thereafter be
dealt with in all respects as if ordered to stand trial under section 548.
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Clause 18: Subsection 554(2) reads as follows:
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(2) With respect to criminal proceedings in Nunavut, if an accused
is charged in an information with an indictable offence other than an
offence that is mentioned in section 469, and the offence is not one over
which a judge of the Nunavut Court of Justice has absolute jurisdiction
under section 553, a judge of the Nunavut Court of Justice may try the
accused if the accused elects to be tried by a judge without a jury and
without having a preliminary inquiry.
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Clause 19: The relevant portion of subsection 555(3)
reads as follows:
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(3) Where an accused is put to his election pursuant to subsection (2),
the following provisions apply, namely,
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(a) if the accused elects to be tried by a judge without a jury or a court
composed of a judge and jury or does not elect when put to his
election, the provincial court judge shall continue the proceedings as
a preliminary inquiry under Part XVIII and, if he orders the accused
to stand trial, the provincial court judge shall comply with subsection
536(4); and
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Clause 20: Subsections 555.1(3) and (4) read as
follows:
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(3) If an accused is put to an election under subsection (2) and the
accused elects to have a preliminary inquiry and to be tried by a judge
without a jury or a court composed of a judge and jury or does not elect
when put to the election, the judge shall continue the proceedings as a
preliminary inquiry under Part XVIII and, if the judge orders the
accused to stand trial, the judge shall endorse on the information and,
if the accused is in custody, on the warrant of committal, a statement
showing the nature of the election of the accused or that the accused did
not elect, as the case may be.
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(4) If an accused is put to an election under subsection (2), and the
accused elects to be tried by a judge without a jury and without having
a preliminary inquiry, the judge shall endorse on the information a
record of the election and continue with the trial.
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Clause 21: (1) The relevant portion of subsection
556(2) reads as follows:
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(2) Where an accused corporation does not appear pursuant to a
summons and service of the summons on the corporation is proved, the
provincial court judge, or in Nunavut, the judge of the Nunavut Court
of Justice
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(b) shall, if the charge is not one over which he has absolute
jurisdiction, hold a preliminary inquiry in accordance with Part
XVIII in the absence of the accused corporation.
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(2) Subsection 556(4) is new. Subsection 556(3) reads
as follows:
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(3) If an accused corporation appears but does not elect when put to
an election under subsection 536(2) or 536.1(2), the provincial court
judge or judge of the Nunavut Court of Justice shall hold a preliminary
inquiry in accordance with Part XVIII.
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Clause 22: Section 557 reads as follows:
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557. If an accused is tried by a provincial court judge or a judge of
the Nunavut Court of Justice in accordance with this Part, the evidence
of witnesses for the prosecutor and the accused shall be taken in
accordance with the provisions of Part XVIII relating to preliminary
inquiries.
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Clause 23: The relevant portion of subsection 560(1)
reads as follows:
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560. (1) If an accused elects, under section 536 or 536.1 to have a
preliminary inquiry and to be tried by a judge without a jury, a judge
having jurisdiction shall,
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Clause 24: Subsection 561(2) reads as follows:
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(2) An accused who elects to be tried by a provincial court judge
may, not later than fourteen days before the day first appointed for the
trial, re-elect as of right another mode of trial, and may do so thereafter
with the written consent of the prosecutor.
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Clause 25: (1) Subsections 561.1(1) to (3) read as
follows:
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561.1 (1) An accused who has elected or is deemed to have elected
a mode of trial may re-elect any other mode of trial at any time with the
written consent of the prosecutor, except that an accused who has had
a preliminary inquiry may not elect to be tried by a judge without a jury
and without having had a preliminary inquiry.
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(2) An accused who has elected to be tried by a judge without a jury
and without a preliminary inquiry may, as of right, re-elect to be tried
by any other mode of trial at any time up to 14 days before the day first
appointed for the trial.
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(3) An accused who has elected to be tried by a judge and jury or to
have a preliminary inquiry and to be tried by a judge without jury may,
as of right, re-elect to be tried by the other mode of trial at any time
before the completion of the preliminary inquiry or before the fifteenth
day following its completion.
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(2) Subsections 561.1(5) to (7) read as follows:
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(5) If an accused wishes to re-elect under subsection (1) to be tried
by a judge without a jury and without having had a preliminary inquiry
and a justice of the peace is presiding at the preliminary inquiry, the
justice of the peace shall notify a judge or a clerk of the Nunavut Court
of Justice of the accused's intention to re-elect and send to the judge or
clerk the information and any promise to appear, undertaking or
recognizance given or entered into in accordance with Part XVI, or any
evidence taken before a coroner, that is in the possession of the justice
of the peace.
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(6) If an accused wishes to re-elect under subsection (1) or (3) after
the completion of a preliminary inquiry or after having elected a trial by
judge without a jury and without having had a preliminary inquiry, the
accused shall give notice in writing of the wish to re-elect together with
the written consent of the prosecutor, if that consent is required, to the
judge before whom the accused appeared and pleaded or to a clerk of
the Nunavut Court of Justice.
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(7) If an accused wishes to re-elect under subsection (2), the accused
shall give notice in writing of the wish to re-elect to the judge before
whom the accused appeared and pleaded or to a clerk of the Nunavut
Court of Justice.
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Clause 26: Subsections 562.1(1) and (2) read as
follows:
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562.1 (1) If the accused re-elects under subsection 561.1(1) to be
tried by a judge without a jury and without a preliminary inquiry, the
judge shall proceed with the trial or appoint a time and place for the trial.
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(2) If the accused re-elects under section 561.1 before the
completion of the preliminary inquiry to be tried by judge and jury or
to have a preliminary inquiry and to be tried by a judge without a jury,
the justice of the peace or judge shall proceed with the preliminary
inquiry.
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Clause 27: The relevant portion of subsection
563.1(1) reads as follows:
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563.1 (1) If an accused re-elects under section 561.1 to be tried by
a judge without a jury and without having a preliminary inquiry,
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Clause 28: Subsection 565(2) reads as follows:
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(2) Where an accused is to be tried after an indictment has been
preferred against the accused pursuant to a consent or order given under
section 577, the accused shall, for the purposes of the provisions of this
Part relating to election and re-election, be deemed to have elected to be
tried by a court composed of a judge and jury and may, with the written
consent of the prosecutor, re-elect to be tried by a judge without a jury.
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Clause 29: Subsections 566.1(1) and (2) read as
follows:
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566.1 (1) The trial of an accused for an indictable offence, other than
an indictable offence mentioned in section 553 or an offence in respect
of which the accused has elected or re-elected to be tried by a judge
without a jury without having had a preliminary inquiry, shall be on an
indictment in writing setting forth the offence with which the accused
is charged.
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(2) If an accused elects under section 536.1 or re-elects under section
561.1 to have a preliminary inquiry and to be tried by a judge without
a jury, an indictment in Form 4 may be preferred.
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Clause 30: Sections 567 to 568 read as follows:
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567. Notwithstanding any other provision of this Part, where two or
more persons are charged with the same offence, unless all of them elect
or re-elect or are deemed to have elected, as the case may be, the same
mode of trial, the justice, provincial court judge or judge
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(a) may decline to record any election, re-election or deemed
election for trial by a provincial court judge or a judge without a jury;
and
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(b) if he declines to do so, shall hold a preliminary inquiry unless a
preliminary inquiry has been held prior to the election, re-election or
deemed election.
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567.1 (1) Despite any other provision of this Part, if two or more
persons are charged with the same indictable offence, unless all of them
elect or re-elect or are deemed to have elected, as the case may be, the
same mode of trial, the justice of the peace or judge
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(a) may decline to record any election, re-election or deemed
election
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(i) for trial by a judge without a jury and without having a
preliminary inquiry, or
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(ii) to have a preliminary inquiry and to be tried by a judge
without a jury; and
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(b) if the justice of the peace or judge declines to do so, shall hold a
preliminary inquiry unless a preliminary inquiry has been held prior
to the election, re-election or deemed election.
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(2) This section, and not section 567, applies in respect of criminal
proceedings in Nunavut.
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568. The Attorney General may, notwithstanding that an accused
elects under section 536 or re-elects under section 561 to be tried by a
judge or provincial court judge, as the case may be, require the accused
to be tried by a court composed of a judge and jury, unless the alleged
offence is one that is punishable with imprisonment for five years or
less, and where the Attorney General so requires, a judge or provincial
court judge has no jurisdiction to try the accused under this Part and a
preliminary inquiry shall be held before a justice unless a preliminary
inquiry has been held prior to the requirement by the Attorney General
that the accused be tried by a court composed of a judge and jury.
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Clause 31: Subsection 569(1) reads as follows:
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569. (1) The Attorney General may, despite that an accused elects
under section 536.1 or re-elects under section 561.1 to be tried by a
judge without a jury and without having had a preliminary inquiry or to
have a preliminary inquiry and to be tried by a judge without a jury,
require the accused to be tried by a court composed of a judge and jury,
unless the alleged offence is one that is punishable with imprisonment
for five years or less, and if the Attorney General so requires, a judge has
no jurisdiction to try the accused under this Part and a preliminary
inquiry shall be held before a justice of the peace or a judge unless a
preliminary inquiry has been held prior to the requirement by the
Attorney General that the accused be tried by a court composed of a
judge and jury.
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Clause 32: Section 574 reads as follows:
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574. (1) Subject to subsection (3) and section 577, the prosecutor
may prefer an indictment against any person who has been ordered to
stand trial in respect of
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(a) any charge on which that person was ordered to stand trial, or
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(b) any charge founded on the facts disclosed by the evidence taken
on the preliminary inquiry, in addition to or in substitution for any
charge on which that person was ordered to stand trial,
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whether or not the charges were included in one information.
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(2) An indictment preferred under subsection (1) may, if the accused
consents, include any charge that is not referred to in paragraph (1)(a)
or (b), and the offence charged may be dealt with, tried and determined
and punished in all respects as if it were an offence in respect of which
the accused had been ordered to stand trial, but if the offence was
committed wholly in a province other than that in which the accused is
before the court, subsection 478(3) applies.
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(3) In any prosecution conducted by a prosecutor other than the
Attorney General and in which the Attorney General does not intervene,
an indictment shall not be preferred under subsection (1) before any
court without the written order of a judge of that court.
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Clause 33: Section 577 reads as follows:
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577. In any prosecution,
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(a) where a preliminary inquiry has not been held, an indictment
shall not be preferred, or
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(b) where a preliminary inquiry has been held and the accused has
been discharged, an indictment shall not be preferred or a new
information shall not be laid
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before any court without,
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(c) where the prosecution is conducted by the Attorney General or
the Attorney General intervenes in the prosecution, the personal
consent in writing of the Attorney General or Deputy Attorney
General, or
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(d) where the prosecution is conducted by a prosecutor other than the
Attorney General and the Attorney General does not intervene in the
prosecution, the written order of a judge of that court.
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Clause 34: New.
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Clause 35: Subsection 598(2) reads as follows:
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(2) An accused who, pursuant to subsection (1), may not be tried by
a court composed of a judge and jury is deemed to have elected under
section 536 or 536.1 to be tried by a judge without a jury and section 561
or 561.1, as the case may be, does not apply in respect of the accused.
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Clause 36: (1) and (2) New.
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Clause 37: Subsection 625.1(2) reads as follows:
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(2) In any case to be tried with a jury, a judge of the court before
which the accused is to be tried shall, prior to 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 section 482 to consider
such matters as will promote a fair and expeditious trial.
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Clause 38: New.
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Clause 39: (1) New.
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(2) Subsection 631(3) reads as follows:
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(3) Where
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(a) the array of jurors is not challenged, or
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(b) the array of jurors is challenged but the judge does not direct a
new panel to be returned,
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the clerk of the court shall, in open court, draw out the cards referred to
in subsection (1), one after another, and shall call out the name and
number on each card as it is drawn, until the number of persons who
have answered to their names is, in the opinion of the judge, sufficient
to provide a full jury after allowing for orders to excuse, challenges and
directions to stand by.
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(3) Subsections 631(4) and (5) read as follows:
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(4) The clerk of the court shall swear each member of the jury in the
order in which the names of the jurors were drawn and shall swear any
other person providing technical, personal, interpretative or other
support services to a juror with a physical disability.
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(5) Where the number of persons who answer to their names under
subsection (3) is not sufficient to provide a full jury, the clerk of the court
shall proceed in accordance with subsections (3) and (4) until twelve
jurors are sworn.
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Clause 40: The relevant portion of section 632 reads
as follows:
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632. 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 any challenge has
been made in relation to the juror, for reasons of
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(b) relationship with the judge, prosecutor, accused, counsel for the
accused or a prospective witness; or
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Clause 41: (1) The relevant portion of subsection
634(2) reads as follows:
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(2) Subject to subsections (3) and (4), the prosecutor and the accused
are each entitled to
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(2) New.
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Clause 42: Subsection 641(1) reads as follows:
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641. (1) Where a full jury has not been sworn and no names remain
to be called, the names of those who have been directed to stand by shall
be called again in the order in which their names were drawn and they
shall be sworn, unless excused by the judge or challenged by the
accused or the prosecutor.
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Clause 43: Subsection 642(1) reads as follows:
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642. (1) Where a full jury cannot be provided notwithstanding that
the relevant provisions of this Part have been complied with, the court
may, at the request of the prosecutor, order the sheriff or other proper
officer forthwith to summon as many persons, whether qualified jurors
or not, as the court directs for the purpose of providing a full jury.
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Clause 44: New.
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Clause 45: Subsection 643(1.1) is new. Subsection
643(1) reads as follows:
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643. (1) The twelve jurors whose names are drawn and who are
sworn in accordance with this Part shall be the jury to try the issues of
the indictment, and the names of the jurors so drawn and sworn shall be
kept apart until the jury gives its verdict or until it is discharged,
whereupon the names shall be returned to the box as often as occasion
arises, as long as an issue remains to be tried before a jury.
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Clause 46: Section 646 reads as follows:
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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 relating to the taking of evidence at preliminary inquiries.
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Clause 47: Subsection 650(1) reads as follows:
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650. (1) Subject to subsections (1.1) and (2), an accused other than
a corporation shall be present in court during the whole of the accused's
trial.
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Clause 48: New.
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Clause 49: New.
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Clause 50: Subsection 675(2.1) reads as follows:
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(2.1) A person against whom an order under section 741.2 has been
made may appeal to the court of appeal against the order.
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Clause 51: Subsection 676(5) reads as follows:
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(5) The Attorney General or counsel instructed by the Attorney
General for the purpose may appeal to the court of appeal against the
decision of the court not to make an order under section 741.2.
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Clause 52: Subsection 679(7) reads as follows:
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(7) Where, with respect to any person, the Minister of Justice gives
a direction or makes a reference under section 690, this section applies
to the release or detention of that person pending the hearing and
determination of the reference as though that person were an appellant
in an appeal described in paragraph (1)(a).
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Clause 53: New.
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Clause 54: New.
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Clause 55: Section 690 and the heading before it read
as follows:
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690. The Minister of Justice may, on an application for the mercy of
the Crown by or on behalf of a person who has been convicted in
proceedings by indictment or who has been sentenced to preventive
detention under Part XXIV,
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(a) direct, by order in writing, a new trial or, in the case of a person
under sentence of preventive detention, a new hearing, before any
court that he thinks proper, if after inquiry he is satisfied that in the
circumstances a new trial or hearing, as the case may be, should be
directed;
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(b) refer the matter at any time to the court of appeal for hearing and
determination by that court as if it were an appeal by the convicted
person or the person under sentence of preventive detention, as the
case may be; or
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(c) refer to the court of appeal at any time, for its opinion, any
question on which he desires the assistance of that court, and the
court shall furnish its opinion accordingly.
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Clause 56: New.
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Clause 57: New.
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Clause 58: Section 731.1 reads as follows:
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731.1 (1) Before making a probation order, the court shall consider
whether section 100 is applicable.
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(2) For greater certainty, a condition of a probation order referred to
in paragraph 732.1(3)(d) does not affect the operation of section 100.
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Clause 59: Section 734.3 reads as follows:
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734.3 A court that makes an order under section 734.1, or a person
designated, either by name or by title of office, by that court, may, on
application by or on behalf of the offender, subject to any rules made by
the court under section 482, change any term of the order except the
amount of the fine, and any reference in this section and sections 734,
734.1, 734.2 and 734.6 to an order shall be read as including a reference
to the order as changed pursuant to this section.
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Clause 60: Section 742.2 reads as follows:
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742.2 (1) Before imposing a conditional sentence under section
742.1, the court shall consider whether section 100 is applicable.
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(2) For greater certainty, a condition of a conditional sentence
referred to in paragraph 742.3(2)(b) does not affect the operation of
section 100.
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Clause 61: New.
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Clause 62: The relevant portion of the definition
``sentence'' in section 785 reads as follows:
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``sentence'' includes
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(b) an order made under subsection 110(1) or 259(1) or (2),
section 261, subsection 730(1) or 737(3) or (5) or section 738,
739 or 742.3,
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Clause 63: New.
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Clause 64: Subsection 822(4) reads as follows:
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(4) Notwithstanding subsections (1) to (3), where an appeal is taken
under section 813 and where, because of the condition of the record of
the trial in the summary conviction court or for any other reason, the
appeal court, on application of the defendant, the informant, the
Attorney General or his agent, is of the opinion that the interests of
justice would be better served by hearing and determining the appeal by
holding a trial de novo, the appeal court may order that the appeal shall
be heard by way of trial de novo in accordance with such rules as may
be made under section 482 and for this purpose the provisions of
sections 793 to 809 apply with such modifications as the circumstances
require.
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Clause 65: Sections 842 to 849 are new. Section 841
and the headings before it read as follows:
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841. (1) The forms set out in this Part varied to suit the case or forms
to the like effect shall be deemed to be good, valid and sufficient in the
circumstances for which, respectively, they are provided.
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(2) No justice is required to attach or affix a seal to any writing or
process that he is authorized to issue and in respect of which a form is
provided by this Part.
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(3) Any pre-printed portions of a form set out in this Part varied to
suit the case or of a form to the like effect shall be printed in both official
languages.
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Clause 66: The relevant portion of Form 7.1 reads as
follows:
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Whereas there are reasonable grounds to believe:*
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(b) grounds exist to arrest the person without warrant under
paragraph 495(1)(a) or (b) of the Criminal Code; or
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This warrant is issued to authorize you to enter the dwelling-house
for the purpose of arresting or apprehending the person.
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Clause 67: Subsection 20(2) reads as follows:
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(2) The Governor in Council may by regulation prescribe the
punishment that may be imposed on summary conviction for the
contravention of any regulation made under subsection (1), but the
punishment so prescribed shall not exceed a fine of five hundred dollars
or imprisonment for a term of six months or both.
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Clause 68: New.
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Clause 69: Subsection 19(5.1) reads as follows:
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(5.1) Where a young person elects or is deemed to have elected to be
tried by a judge of a superior court of criminal jurisdiction with a jury,
the youth court shall conduct a preliminary inquiry and if, on its
conclusion, the young person is ordered to stand trial, the proceedings
shall be before a judge of the superior court of criminal jurisdiction with
a jury.
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Clause 70: (1) The relevant portion of subsection
19.1(4) reads as follows:
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(4) If a young person is charged with having committed first degree
murder or second degree murder within the meaning of section 231 of
the Criminal Code, the youth court, before proceeding with the trial,
shall ask the young person to elect
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(a) to be tried by a judge of the Nunavut Court of Justice alone, acting
as a youth court, or
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and if a young person elects under paragraph (a) or (b), the young
person shall be dealt with as provided in this Act.
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(2) Subsection 19.1(6) reads as follows:
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(6) If a young person elects or is deemed to have elected under
paragraph (4)(b), a preliminary inquiry shall be held in the youth court
and if, on its conclusion, the young person is ordered to stand trial, the
proceedings shall be before a judge of the Nunavut Court of Justice,
acting as a youth court, with a jury.
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