R.S., c. 27
(1st Supp.),
s. 107
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44. (1) Paragraph 556(2)(b) of the Act is
replaced by the following:
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1999, c. 3,
s. 40(2)
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(2) Subsection 556(3) of the Act is
replaced by the following:
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Preliminary
inquiry not
requested
|
(3) If an accused corporation appears and a
preliminary inquiry is not requested under
subsection 536(4) , the provincial court judge
shall fix the date for the trial or the date on
which the corporation must appear in the trial
court to have that date fixed.
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Preliminary
inquiry not
requested -
Nunavut
|
(4) If an accused corporation appears and a
preliminary inquiry is not requested under
subsection 536.1(3), the justice of the peace or
the judge of the Nunavut Court of Justice shall
fix the date for the trial or the date on which the
corporation must appear in the trial court to
have that date fixed.
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1999, c. 3,
s. 41
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45. Section 557 of the Act is replaced by
the following:
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Taking
evidence
|
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 must be taken in accordance with
the provisions of Part XVIII, other than
subsections 540(7) to (9) , relating to
preliminary inquiries.
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1999, c. 3,
s. 42
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46. The portion of subsection 560(1) of
the Act before paragraph (a) is replaced by
the following:
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Duty of judge
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560. (1) If an accused elects, under section
536 or 536.1, to be tried by a judge without a
jury, a judge having jurisdiction shall
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R.S., c. 27
(1st Supp.),
s. 110
|
47. Subsection 561(2) of the Act is
replaced by the following:
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Right to
re-elect
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(2) An accused who elects to be tried by a
provincial court judge or who does not request
a preliminary inquiry under subsection 536(4)
may, not later than 14 days before the day first
appointed for the trial, re-elect as of right
another mode of trial, and may do so after that
time with the written consent of the
prosecutor.
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1999, c. 3,
s. 43
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48. (1) Subsections 561.1(1) to (3) of the
Act are replaced by the following:
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Right to
re-elect with
consent -
Nunavut
|
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.
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Right to
re-elect before
trial -
Nunavut
|
(2) An accused who has elected or is
deemed to have elected a mode of trial but has
not requested a preliminary inquiry under
subsection 536.1(3) 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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Right to
re-elect at
preliminary
inquiry -
Nunavut
|
(3) An accused who has elected or is
deemed to have elected a mode of trial and has
requested a preliminary inquiry under
subsection 536.1(3) 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 15th day after its
completion.
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1999, c. 3,
s. 43
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(2) Subsections 561.1(5) to (7) of the Act
are replaced by the following:
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Notice at
preliminary
inquiry -
Nunavut
|
(5) If at a preliminary inquiry an accused
wishes to re-elect under subsection (1) or (3)
to be tried by a judge without a jury but does
not wish to request a preliminary inquiry
under subsection 536.1(3) , the presiding
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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Notice when
no
preliminary
inquiry or
preliminary
inquiry
completed -
Nunavut
|
(6) If an accused who has not requested a
preliminary inquiry under subsection 536.1(3)
or who has had one wishes to re-elect under
this section, 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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1999, c. 3,
s. 44
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49. Subsections 562.1(1) and (2) of the Act
are replaced by the following:
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Proceedings
following
re-election -
Nunavut
|
562.1 (1) If the accused re-elects under
subsection 561.1(1) to be tried by a judge
without a jury and does not request a
preliminary inquiry under subsection
536.1(3) , the judge shall proceed with the trial
or appoint a time and place for the trial.
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Proceedings
following
re-election -
Nunavut
|
(2) If the accused re-elects under section
561.1 before the completion of the
preliminary inquiry to be tried by a judge
without a jury or by a court composed of a
judge and jury, and requests a preliminary
inquiry under subsection 536.1(3) , the justice
of the peace or judge shall proceed with the
preliminary inquiry.
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1999, c. 3,
s. 45
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50. The portion of subsection 563.1(1) of
the Act before paragraph (a) is replaced by
the following:
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Proceedings
on re-election
to be tried by
judge without
jury -
Nunavut
|
563.1 (1) If an accused re-elects under
section 561.1 to be tried by a judge without a
jury and does not request a preliminary
inquiry under subsection 536.1(3) ,
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R.S., c. 27
(1st Supp.),
s. 111
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51. Subsection 565(2) of the Act is
replaced by the following:
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When direct
indictment
preferred
|
(2) If 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 is , for the
purposes of the provisions of this Part relating
to election and re-election, deemed both to
have elected to be tried by a court composed
of a judge and jury and not to have requested
a preliminary inquiry under subsection 536(4)
or 536.1(3) and may, with the written consent
of the prosecutor, re-elect to be tried by a judge
without a jury without a preliminary inquiry .
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1999, c. 3,
s. 47
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52. Subsections 566.1(1) and (2) of the Act
are replaced by the following:
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Indictment -
Nunavut
|
566.1 (1) The trial of an accused for an
indictable offence, other than an indictable
offence referred to 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
and in respect of which no party has requested
a preliminary inquiry under subsection
536.1(3), must be on an indictment in writing
setting out the offence with which the accused
is charged.
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Preferring
indictment -
Nunavut
|
(2) If an accused elects under section 536.1
or re-elects under section 561.1 to be tried by
a judge without a jury and one of the parties
requests a preliminary inquiry under
subsection 536.1(3) , an indictment in Form 4
may be preferred.
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R.S., c. 27 (1st
Supp), s. 111;
1999, c. 3,
s. 48
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53. Sections 567 to 568 of the Act are
replaced by the following:
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Mode of trial
when two or
more accused
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567. Despite any other provision of this
Part, if two or more persons are jointly
charged in an information , unless all of them
elect or re-elect or are deemed to have elected
the same mode of trial, the justice, provincial
court judge or judge may decline to record any
election, re-election or deemed election for
trial by a provincial court judge or a judge
without a jury.
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Mode of trial
if two or more
accused -
Nunavut
|
567.1 (1) Despite any other provision of this
Part, if two or more persons are jointly
charged in an information , unless all of them
elect or re-elect or are deemed to have elected
the same mode of trial, the justice of the peace
or judge may decline to record any election,
re-election or deemed election for trial by a
judge without a jury.
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Application to
Nunavut
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(2) This section, and not section 567,
applies in respect of criminal proceedings in
Nunavut.
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Attorney
General may
require trial
by jury
|
568. Even if an accused elects under section
536 or re-elects under section 561 to be tried
by a judge or provincial court judge, the
Attorney General may 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. If 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 must be held if
requested under subsection 536(4) , unless
one has already been held.
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1999, c. 3,
s. 49
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54. Subsection 569(1) of the Act is
replaced by the following:
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Attorney
General may
require trial
by jury -
Nunavut
|
569. (1) Even if an accused elects under
section 536.1 or re-elects under section 561.1
to be tried by a judge without a jury, the
Attorney General may 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. If the Attorney General so requires, a
judge has no jurisdiction to try the accused
under this Part and a preliminary inquiry must
be held if requested under subsection
536.1(3) , unless one has already been held.
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R.S., c. 27,
(1st Supp.),
s. 113
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55. Section 574 of the Act is replaced by
the following:
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Prosecutor
may prefer
indictment
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574. (1) Subject to subsection (3), the
prosecutor may, whether the charges were
included in one information or not , prefer an
indictment against any person who has been
ordered to stand trial in respect of
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Preferring
indictment
when no
preliminary
inquiry
requested
|
(1.1) If a person has not requested a
preliminary inquiry under subsection 536(4)
or 536.1(3) into the charge, the prosecutor
may, subject to subsection (3), prefer an
indictment against a person in respect of a
charge set out in an information or
informations, or any included charge, at any
time after the person has made an election,
re-election or deemed election on the
information or informations.
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Preferring
single
indictment
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(1.2) If indictments may be preferred under
both subsections (1) and (1.1), the prosecutor
may prefer a single indictment in respect of
one or more charges referred to in subsection
(1) combined with one or more charges or
included charges referred to in subsection
(1.1).
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Consent to
inclusion of
other charges
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(2) An indictment preferred under any of
subsections (1) to (1.2) may, if the accused
consents, include a charge that is not referred
to in those subsections , 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.
However , 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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Private
prosecutor
requires
consent
|
(3) In a prosecution conducted by a
prosecutor other than the Attorney General
and in which the Attorney General does not
intervene, an indictment may not be preferred
under any of subsections (1) to (1.2) before a
court without the written order of a judge of
that court.
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R.S., c. 27
(1st Supp.),
s. 115, c. 1
(4th Supp.),
s. 18 (Sch. I,
s. 15) (F)
|
56. Section 577 of the Act is replaced by
the following:
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Direct
indictments
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577. Despite section 574, an indictment
may be preferred even if the accused has not
been given the opportunity to request a
preliminary inquiry, a preliminary inquiry has
been commenced but not concluded or a
preliminary inquiry has been held and the
accused has been discharged, if
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57. The Act is amended by adding the
following after section 579:
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When
Attorney
General does
not stay
proceedings
|
579.01 If the Attorney General intervenes
in proceedings and does not stay them under
section 579, he or she may, without
conducting the proceedings, call witnesses,
examine and cross-examine witnesses,
present evidence and make submissions.
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1999, c. 3,
s. 51(2)
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58. Subsection 598(2) of the English
version of the Act is replaced by the
following:
|
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Election
deemed to be
waived
|
(2) An accused who, under 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 without a jury
by a judge of the court where the accused was
indicted and section 561 or 561.1, as the case
may be, does not apply in respect of the
accused.
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59. (1) Section 606 of the Act is amended
by adding the following after subsection (1):
|
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Conditions for
accepting
guilty plea
|
(1.1) A court may accept a plea of guilty
only if it is satisfied that the accused
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Validity of
plea
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(1.2) The failure of the court to fully inquire
whether the conditions set out in subsection
(1.1) are met does not affect the validity of the
plea.
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(2) Section 606 of the Act is amended by
adding the following after subsection (4):
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Video links
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(5) For greater certainty, subsections
650(1.1) and (1.2) apply, with any
modifications that the circumstances require,
to pleas under this section if the accused has
agreed to use a means referred to in those
subsections.
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R.S., c. 27
(1st Supp.),
s. 127, c. 1
(4th Supp.),
s. 45 (Sch. III,
item 6)(F)
|
60. Subsection 625.1(2) of the Act is
replaced by the following:
|
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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.
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61. The Act is amended by adding the
following after section 626:
|
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Presiding
judge
|
626.1 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.
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62. (1) Section 631 of the Act is amended
by adding the following after subsection (2):
|
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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).
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1992, c. 41,
s. 1
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(2) The portion of subsection 631(3) of the
Act after paragraph (b) is replaced by the
following:
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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 and any alternate jurors
ordered by the judge after allowing for orders
to excuse, challenges and directions to stand
by.
|
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1998, c. 9, s. 5
|
(3) Subsections 631(4) and (5) of the Act
are replaced by the following:
|
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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 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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Drawing
additional
names if
necessary
|
(5) If the number of persons who answer to
their names under subsection (3) 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) and (4) until twelve jurors
and any alternate jurors are sworn.
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1992, c. 41,
s. 2
|
63. Paragraph 632(b) of the Act is
replaced by the following:
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1992, c. 41,
s. 2
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64. (1) The portion of subsection 634(2) of
the Act before paragraph (a) is replaced by
the following:
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Maximum
number
|
(2) Subject to subsections (2.1) to (4), the
prosecutor and the accused are each entitled to
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