R.S., c. 27 (1st Supp.), s. 107

44. (1) Paragraph 556(2)(b) of the Act is replaced by the following:

    (b) shall, if the charge is not one over which he or she has absolute jurisdiction, fix the date for the trial or the date on which the accused corporation must appear in the trial court to have that date fixed.

1999, c. 3, s. 40(2)

(2) Subsection 556(3) of the Act is replaced by the following:

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.

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.

1999, c. 3, s. 41

45. Section 557 of the Act is replaced by the following:

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.

1999, c. 3, s. 42

46. The portion of subsection 560(1) of the Act before paragraph (a) is replaced by the following:

Duty of judge

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

R.S., c. 27 (1st Supp.), s. 110

47. Subsection 561(2) of the Act is replaced by the following:

Right to re-elect

(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.

1999, c. 3, s. 43

48. (1) Subsections 561.1(1) to (3) of the Act are replaced by the following:

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.

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.

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.

1999, c. 3, s. 43

(2) Subsections 561.1(5) to (7) of the Act are replaced by the following:

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.

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.

1999, c. 3, s. 44

49. Subsections 562.1(1) and (2) of the Act are replaced by the following:

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.

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.

1999, c. 3, s. 45

50. The portion of subsection 563.1(1) of the Act before paragraph (a) is replaced by the following:

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) ,

R.S., c. 27 (1st Supp.), s. 111

51. Subsection 565(2) of the Act is replaced by the following:

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 .

1999, c. 3, s. 47

52. Subsections 566.1(1) and (2) of the Act are replaced by the following:

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.

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.

R.S., c. 27 (1st Supp), s. 111; 1999, c. 3, s. 48

53. Sections 567 to 568 of the Act are replaced by the following:

Mode of trial when two or more accused

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.

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.

Application to Nunavut

(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

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.

1999, c. 3, s. 49

54. Subsection 569(1) of the Act is replaced by the following:

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.

R.S., c. 27, (1st Supp.), s. 113

55. Section 574 of the Act is replaced by the following:

Prosecutor may prefer indictment

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

    (a) any charge on which that person was ordered to stand trial; or

    (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.

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.

Preferring single indictment

(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).

Consent to inclusion of other charges

(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.

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.

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:

Direct indictments

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

    (a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court ; or

    (b) in any other case, a judge of the court so orders.

57. The Act is amended by adding the following after section 579:

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.

1999, c. 3, s. 51(2)

58. Subsection 598(2) of the English version of the Act is replaced by the following:

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.

59. (1) Section 606 of the Act is amended by adding the following after subsection (1):

Conditions for accepting guilty plea

(1.1) A court may accept a plea of guilty only if it is satisfied that the accused

    (a) is making the plea voluntarily; and

    (b) understands

      (i) that the plea is an admission of the essential elements of the offence,

      (ii) the nature and consequences of the plea, and

      (iii) that the court is not bound by any agreement made between the accused and the prosecutor.

Validity of plea

(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.

(2) Section 606 of the Act is amended by adding the following after subsection (4):

Video links

(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.

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:

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.

61. The Act is amended by adding the following after section 626:

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.

62. (1) Section 631 of the Act is amended by adding the following after subsection (2):

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).

1992, c. 41, s. 1

(2) The portion of subsection 631(3) of the Act after paragraph (b) is replaced by the following:

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.

1998, c. 9, s. 5

(3) Subsections 631(4) and (5) of the Act are replaced by the following:

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.

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.

1992, c. 41, s. 2

63. Paragraph 632(b) of the Act is replaced by the following:

    (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

1992, c. 41, s. 2

64. (1) The portion of subsection 634(2) of the Act before paragraph (a) is replaced by the following:

Maximum number

(2) Subject to subsections (2.1) to (4), the prosecutor and the accused are each entitled to