Bill C-57
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Application to
Nunavut
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(10) This section, and not section 561,
applies in respect of criminal proceedings in
Nunavut.
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44. The Act is amended by adding the
following after section 562:
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Proceedings
following
re-election -
Nunavut
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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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Proceedings
following
re-election -
Nunavut
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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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Application to
Nunavut
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(3) This section, and not section 562,
applies in respect of criminal proceedings in
Nunavut.
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45. The Act is amended by adding the
following after section 563:
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Proceedings
on re-election
to be tried by
judge without
jury -
Nunavut
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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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Application to
Nunavut
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(2) This section, and not section 563,
applies in respect of criminal proceedings in
Nunavut.
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R.S., c. 27 (1st
Supp.), s. 111
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46. (1) The portion of subsection 565(1) of
the Act before paragraph (a) is replaced by
the following:
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Election
deemed to
have been
made
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565. (1) Subject to subsection (1.1), if an
accused is ordered to stand trial for an offence
that, under this Part, may be tried by a judge
without a jury, 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 if
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(2) Section 565 of the Act is amended by
adding the following after subsection (1):
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Nunavut
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(1.1) With respect to criminal proceedings
in Nunavut, if an accused is ordered to stand
trial for an offence that, under this Part, may
be tried by a judge without a jury, 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 if
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R.S., c. 27 (1st
Supp.), s. 111
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(3) Subsection 565(4) of the Act is
replaced by the following:
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Application
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(4) Subsections 561(6) and (7), or
subsections 561.1(8) and (9), as the case may
be, apply to a re-election made under
subsection (3).
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47. The Act is amended by adding the
following after section 566:
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Indictment -
Nunavut
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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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Preferring
indictment -
Nunavut
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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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What counts
may be
included and
who may
prefer
indictment -
Nunavut
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(3) Section 574 and subsection 576(1)
apply, with any modifications that the
circumstances require, to the preferring of an
indictment under subsection (2).
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Application to
Nunavut
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(4) This section, and not section 566,
applies in respect of criminal proceedings in
Nunavut.
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48. The Act is amended by adding the
following after section 567:
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Mode of trial
if two or more
accused -
Nunavut
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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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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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49. The Act is amended by adding the
following after section 568:
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Attorney
General may
require trial
by jury -
Nunavut
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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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Application to
Nunavut
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(2) This section, and not section 568,
applies in respect of criminal proceedings in
Nunavut.
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50. The Act is amended by adding the
following after Part XIX:
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PART XIX.1 |
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NUNAVUT COURT OF JUSTICE |
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Nunavut
Court of
Justice
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573. (1) The powers to be exercised and the
duties and functions to be performed under
this Act by a court of criminal jurisdiction, a
summary conviction court, a judge, a
provincial court judge, a justice or a justice of
the peace may be exercised or performed by a
judge of the Nunavut Court of Justice.
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Status when
exercising
power
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(2) A power exercised or a duty or function
performed by a judge of the Nunavut Court of
Justice under subsection (1) is exercised or
performed by that judge as a judge of a
superior court.
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Interpreta- tion
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(3) Subsection (2) does not authorize a
judge of the Nunavut Court of Justice who is
presiding at a preliminary inquiry to grant a
remedy under section 24 of the Canadian
Charter of Rights and Freedoms.
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Application
for review -
Nunavut
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573.1 (1) An application for review may be
made by the Attorney General or the accused,
or by any person directly affected by the
decision or order, to a judge of the Court of
Appeal of Nunavut in respect of a decision or
order of a judge of the Nunavut Court of
Justice
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Limitation
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(2) A decision or order may not be reviewed
under this section if
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Grounds of
review
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(3) The judge of the Court of Appeal of
Nunavut may grant relief under subsection (4)
only if the judge is satisfied that
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Powers of
judge
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(4) On the hearing of the application for
review, the judge of the Court of Appeal of
Nunavut may do one or more of the following:
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Interim orders
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(5) If an application for review is made, a
judge of the Court of Appeal of Nunavut may
make any interim order that the judge
considers appropriate pending the final
disposition of the application for review.
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Rules
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(6) A person who proposes to make an
application for review shall do so in the
manner and within the period that may be
directed by rules of court, except that a judge
of the Court of Appeal of Nunavut may at any
time extend any period specified in the rules.
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Appeal
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(7) An appeal lies to the Court of Appeal of
Nunavut against a decision or order made
under subsection (4). The provisions of Part
XXI apply, with any modifications that the
circumstances require, to the appeal.
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Habeas
corpus
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573.2 (1) Habeas corpus proceedings may
be brought before a judge of the Court of
Appeal of Nunavut in respect of an order made
or warrant issued by a judge of the Nunavut
Court of Justice, except where
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Exception
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(2) Despite subsection (1), habeas corpus
proceedings may be brought before a judge of
the Court of Appeal of Nunavut with respect
to an order or warrant of a judge of the
Nunavut Court of Justice if the proceedings
are brought to challenge the constitutionality
of a person's detention or confinement.
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Provisions
apply
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(3) Subsections 784(2) to (6) apply in
respect of any proceedings brought under
subsection (1) or (2).
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51. (1) Paragraph 598(1)(b) of the Act is
replaced by the following:
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