Bill C-57
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1991, c. 48
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Cooperative Credit Associations Act
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24. Paragraph (f) of the definition
``court'' in section 2 of the Cooperative
Credit Associations Act is replaced by the
following:
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R.S., c. C-46
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Criminal Code
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25. The definition ``superior court of
criminal jurisdiction'' in section 2 of the
Criminal Code is amended by striking out
the word ``and'' at the end of paragraph (f),
by adding the word ``and'' at the end of
paragraph (g) and by adding the following
after paragraph (g):
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26. The definition ``appeal court'' in
subsection 100(11) of the Act is amended by
striking out the word ``and'' at the end of
paragraph (d), by adding the word ``and'' at
the end of paragraph (e) and by adding the
following after paragraph (e):
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27. The definition ``court'' in subsection
164(8) of the Act is amended by adding the
word ``and'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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1992, c. 1,
s. 58(1) (Sch.
I, s. 4)
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28. Paragraph 188(4)(f) of the Act is
replaced by the following:
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29. The definition ``court'' in subsection
320(8) of the Act is amended by striking out
the word ``and'' at the end of paragraph (c),
by adding the word ``and'' at the end of
paragraph (d) and by adding the following
after paragraph (d):
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R.S., c. 27
(2nd Supp.),
s. 10 (Sch.,
item 6(10))
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30. (1) Paragraph (e) of the definition
``judge'' in section 493 of the English
version of the Act is replaced by the
following:
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(2) The definition ``judge'' in section 493
of the Act is amended by adding the
following after paragraph (e):
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1994, c. 44,
s. 46
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31. Subsection 520(1) of the Act is
replaced by the following:
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Review of
order
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520. (1) If a justice, or a judge of the
Nunavut Court of Justice, makes an order
under subsection 515(2), (5), (6), (7), (8) or
(12) or makes or vacates any order under
paragraph 523(2)(b), the accused may, at any
time before the trial of the charge, apply to a
judge for a review of the order.
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1994, c. 44,
s. 47
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32. Subsection 521(1) of the Act is
replaced by the following:
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Review of
order
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521. (1) If a justice, or a judge of the
Nunavut Court of Justice, makes an order
under subsection 515(1), (2), (7), (8) or (12) or
makes or vacates any order under paragraph
523(2)(b), the prosecutor may, at any time
before the trial of the charge, apply to a judge
for a review of the order.
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33. Subsection 524(13) of the Act is
replaced by the following:
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Certain
provisions
applicable to
order under
this section
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(13) Section 520 applies in respect of any
order made under subsection (8) or (9) as
though the order were an order made by a
justice or a judge of the Nunavut Court of
Justice under subsection 515(2) or (5), and
section 521 applies in respect of any order
made under subsection (9) as though the order
were an order made by a justice or a judge of
the Nunavut Court of Justice under subsection
515(2).
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R.S., c. 27 (1st
Supp.), s. 94
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34. (1) Paragraph 530(1)(b) of the Act is
replaced by the following:
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R.S., c. 27 (1st
Supp.), s. 203
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(2) The portion of subsection 530(1) of the
Act after subparagraph (c)(iii) is replaced
by the following:
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a justice of the peace, provincial court judge
or judge of the Nunavut Court of Justice shall
grant an order directing that the accused be
tried before a justice of the peace, provincial
court judge, judge or judge and jury, as the
case may be, who speak the official language
of Canada that is the language of the accused
or, if the circumstances warrant, who speak
both official languages of Canada.
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35. The Act is amended by adding the
following after section 536:
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Remand by
justice -
Nunavut
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536.1 (1) If an accused is before a justice of
the peace charged with an indictable offence
mentioned in section 553, the justice of the
peace shall remand the accused to appear
before a judge.
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Election
before justice
in certain
cases -
Nunavut
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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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Procedure if
accused elects
trial by
judge -
Nunavut
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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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Procedure if
accused elects
trial by judge
alone or by
judge and jury
or deemed
election -
Nunavut
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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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Jurisdiction
- Nunavut
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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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Application to
Nunavut
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(6) This section, and not section 536,
applies in respect of criminal proceedings in
Nunavut.
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R.S., c. 27
(2nd Supp.),
s. 10 (Sch.,
item 6(12))
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36. (1) The definition ``judge'' in section
552 of the English version of the Act is
amended by striking out the word ``and'' at
the end of paragraph (h) and by replacing
paragraph (i) with the following:
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(2) The definition ``judge'' in section 552
of the Act is amended by adding the
following after paragraph (i):
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R.S., c. 27 (1st
Supp.), s. 104
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37. The portion of section 553 of the Act
before paragraph (a) is replaced by the
following:
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Absolute
jurisdiction
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553. The jurisdiction of a provincial court
judge, or in Nunavut, of a judge of the
Nunavut Court of Justice, to try an accused is
absolute and does not depend on the consent
of the accused where the accused is charged in
an information
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R.S., c. 27 (1st
Supp.), s. 203
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38. Section 554 of the Act is replaced by
the following:
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Trial by
provincial
court judge
with consent
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554. (1) Subject to subsection (2), 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 provincial court judge
has absolute jurisdiction under section 553, a
provincial court judge may try the accused if
the accused elects to be tried by a provincial
court judge.
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Nunavut
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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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39. The Act is amended by adding the
following after section 555:
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Decision to
hold
preliminary
inquiry -
Nunavut
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555.1 (1) If in any criminal proceedings
under this Part an accused is before a judge of
the Nunavut Court of Justice and it appears to
the judge that for any reason the charge should
be prosecuted by indictment, the judge may, at
any time before the accused has entered a
defence, decide not to adjudicate and shall
then inform the accused of the decision and
continue the proceedings as a preliminary
inquiry.
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If
subject-matter
is a
testamentary
instrument or
exceeds
$5,000 in
value -
Nunavut
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(2) If an accused is before a judge of the
Nunavut Court of Justice charged with an
indictable offence mentioned in paragraph
553(a) or subparagraph 553(b)(i), and, at any
time before the judge makes an adjudication,
the evidence establishes that the
subject-matter of the offence is a testamentary
instrument or that its value exceeds five
thousand dollars, the judge shall put the
accused to an election in accordance with
subsection 536.1(2).
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Continuation
as preliminary
inquiry -
Nunavut
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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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Continuing
proceedings
- Nunavut
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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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Application to
Nunavut
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(5) This section, and not section 555,
applies in respect of criminal proceedings in
Nunavut.
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R.S., c. 27 (1st
Supp.), s. 107
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40. (1) The portion of subsection 556(2) of
the Act before paragraph (a) is replaced by
the following:
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Non- appearance
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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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R.S., c. 27 (1st
Supp.), s. 107
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(2) Subsection 556(3) of the Act is
replaced by the following:
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Corporation
not electing
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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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R.S., c. 27 (1st
Supp.),
ss. 108, 203
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41. Sections 557 and 558 of the Act are
replaced by the following:
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Taking
evidence
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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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Jurisdiction of Judges |
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Judge's Jurisdiction with Consent
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Trial by judge
without a jury
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558. If an accused who is charged with an
indictable offence, other than an offence
mentioned in section 469, elects under section
536 or 536.1 or re-elects under section 561 or
561.1 to be tried by a judge without a jury, the
accused shall, subject to this Part, be tried by
a judge without a jury.
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R.S., c. 27 (1st
Supp.),
s. 109(1)
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42. 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 have a preliminary inquiry and
to be tried by a judge without a jury, a judge
having jurisdiction shall,
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43. The Act is amended by adding the
following after section 561:
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Right to
re-elect -
Nunavut
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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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Right to
re-elect -
Nunavut
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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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Right to
re-elect -
Nunavut
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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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Notice of
re-election
under
subsection (1)
or (3) -
Nunavut
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(4) If an accused wishes to re-elect under
subsection (1) or (3), before the completion of
the 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
justice of the peace or judge presiding at the
preliminary inquiry who shall on receipt of the
notice put the accused to a re-election in the
manner set out in subsection (9).
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Notice of
re-election
under
subsection
(1) -
Nunavut
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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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Notice of
re-election
under
subsection (1)
or (3) -
Nunavut
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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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Notice of
re-election
under
subsection
(2) -
Nunavut
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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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Time and
place for
re-election -
Nunavut
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(8) On receipt of a notice given under any
of subsections (4) to (7) that the accused
wishes to re-elect, a judge shall immediately
appoint a time and place for the accused to
re-elect and shall cause notice of the time and
place to be given to the accused and the
prosecutor.
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Proceedings
on
re-election -
Nunavut
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(9) The accused shall attend or, if in
custody, shall be produced at the time and
place appointed under subsection (8) and
shall, after
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has been read to the accused, be put to a
re-election in the following words or in words
to the like effect:
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