R.S., c. 27,
(1st Supp.),
s. 113
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45. 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
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(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
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(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)
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46. 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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47. The Act is amended by adding the
following after section 579:
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When
Attorney
General does
not stay
proceedings
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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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48. Subsection 598(2) of the English
version of the Act is replaced by the
following:
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Election
deemed to be
waived
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(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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49. (1) Section 606 of the Act is amended
by adding the following after subsection (1):
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Conditions for
accepting
guilty plea
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(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)
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50. Subsection 625.1(2) of the Act is
replaced by the following:
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Mandatory
pre-trial
hearing for
jury trials
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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, 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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51. The Act is amended by adding the
following after section 626:
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Presiding
judge
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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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52. (1) Section 631 of the Act is amended
by adding the following after subsection (2):
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Alternate
jurors
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(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
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(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
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(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
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(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
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53. Paragraph 632(b) of the Act is
replaced by the following:
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1992, c. 41,
s. 2
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54. (1) The portion of subsection 634(2) of
the Act before paragraph (a) is replaced by
the following:
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Maximum
number
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(2) Subject to subsections (2.1) to (4), the
prosecutor and the accused are each entitled to
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(2) Section 634 of the Act is amended by
adding the following after subsection (2):
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If alternate
jurors
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(2.1) If the judge makes an order for
alternate jurors, the total number of
peremptory challenges that the prosecutor and
the accused are each entitled to is increased by
one for each alternate juror.
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1992, c. 41,
s. 3
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55. Subsection 641(1) of the Act is
replaced by the following:
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Calling jurors
who have
stood by
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641. (1) If a full jury and any alternate jurors
have 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 the
jurors necessary to make a full jury and any
alternate jurors shall be sworn, unless excused
by the judge or challenged by the accused or
the prosecutor.
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56. Subsection 642(1) of the Act is
replaced by the following:
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Summoning
other jurors
when panel
exhausted
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642. (1) If a full jury and any alternate jurors
considered advisable 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 to summon
without delay as many persons, whether
qualified jurors or not, as the court directs for
the purpose of providing a full jury and
alternate jurors.
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57. The Act is amended by adding the
following after section 642:
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Substitution
of alternate
jurors
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642.1 (1) Alternate jurors shall attend at the
commencement of the trial and, if there is not
a full jury present, alternate jurors shall be
substituted, in the order in which their names
were drawn under subsection 631(3), until
there are twelve jurors.
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Excusing of
alternate
jurors
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(2) An alternate juror who is not required as
a substitute shall be excused.
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1992, c. 41,
s. 5
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58. Subsection 643(1) of the Act is
replaced by the following:
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Who shall be
jury
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643. (1) The twelve jurors who are sworn in
accordance with this Part and present at the
commencement of the trial shall be the jury to
try the issues of the indictment.
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Names of
jurors
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(1.1) The name of each juror, including
alternate jurors, who is sworn shall be kept
apart until the juror is excused or the jury gives
its verdict or is discharged, at which time the
name 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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59. Section 646 of the Act is replaced by
the following:
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Taking
evidence
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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, other than
subsections 540(7) to (9), relating to the taking
of evidence at preliminary inquiries.
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1994, c. 44,
s. 61
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60. Subsection 650(1) of the Act is
replaced by the following:
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Accused to be
present
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650. (1) Subject to subsections (1.1) to (2)
and section 650.01, an accused, other than a
corporation, shall be present in court during
the whole of his or her trial.
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61. The Act is amended by adding the
following after section 650:
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Designation
of counsel of
record
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650.01 (1) An accused may appoint counsel
to represent the accused for any proceedings
under this Act by filing a designation with the
court.
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Contents of
designation
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(2) The designation must contain the name
and address of the counsel and be signed by the
accused and the designated counsel.
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Effect of
designation
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(3) If a designation is filed,
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When court
orders
presence of
accused
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(4) If the court orders the accused to be
present otherwise than by appearance by the
designated counsel, the court may
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Technological
appearance
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650.02 The prosecutor or the counsel
designated under section 650.01 may appear
before the court by any technological means
satisfactory to the court that permits the court
and all counsel to communicate
simultaneously.
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62. Section 657.3 of the Act is amended by
adding the following after subsection (2):
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Notice for
expert
testimony
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(3) For the purpose of promoting the fair,
orderly and efficient presentation of the
testimony of witnesses,
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If notices not
given
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(4) If a party calls a person as an expert
witness without complying with subsection
(3), the court shall, at the request of any other
party,
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