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Bill C-57

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	(k) in the Yukon Territory and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice;
1991, c. 48	Cooperative Credit Associations Act
	*24. Paragraph (f) of the definition ``court'' in section 2 of the Cooperative Credit Associations Act* is replaced by the following:**
	(f) in the Yukon Territory and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice;
R.S., c. C-46	Criminal Code
	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):
	(h) in Nunavut, the Nunavut Court of Justice;
	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):
	(f) despite subsection (10), in Nunavut, a judge of the Court of Appeal of Nunavut;
	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):
	(e) in Nunavut, the Nunavut Court of Justice;
1992, c. 1, s. 58(1) (Sch. I, s. 4)	28. Paragraph 188(4)(f) of the Act is replaced by the following:
	(f) in the Yukon Territory, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.
	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):
	(e) in Nunavut, the Nunavut Court of Justice;
R.S., c. 27 (2nd Supp.), s. 10 (Sch., item 6(10))	30. (1) Paragraph (e) of the definition ``judge'' in section 493 of the English version of the Act is replaced by the following:
	(e) in the Yukon Territory and the Northwest Territories, a judge of the Supreme Court of the territory, and
	(2) The definition ``judge'' in section 493 of the Act is amended by adding the following after paragraph (e):
	(f) in Nunavut, a judge of the Nunavut Court of Justice;
1994, c. 44, s. 46	31. Subsection 520(1) of the Act is replaced by the following:
Review of order	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.
1994, c. 44, s. 47	32. Subsection 521(1) of the Act is replaced by the following:
Review of order	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.
	33. Subsection 524(13) of the Act is replaced by the following:
Certain provisions applicable to order under this section	(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).
R.S., c. 27 (1st Supp.), s. 94	34. (1) Paragraph 530(1)(b) of the Act is replaced by the following:
	(b) the time of the accused's election, if the accused elects under section 536 to be tried by a provincial court judge or under section 536.1 to be tried by a judge without a jury and without having a preliminary inquiry, or
R.S., c. 27 (1st Supp.), s. 203	(2) The portion of subsection 530(1) of the Act after subparagraph (c)(iii) is replaced by the following:
	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.
	35. The Act is amended by adding the following after section 536:
Remand by justice - Nunavut	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.
Election before justice in certain cases - Nunavut	(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:
	You have the option to elect to be tried by a judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?
Procedure if accused elects trial by judge - Nunavut	(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,
	(a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or
	(b) if the accused is before a judge, the judge shall call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.
Procedure if accused elects trial by judge alone or by judge and jury or deemed election - Nunavut	(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.
Jurisdiction - Nunavut	(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).
Application to Nunavut	(6) This section, and not section 536, applies in respect of criminal proceedings in Nunavut.
R.S., c. 27 (2nd Supp.), s. 10 (Sch., item 6(12))	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:
	(i) in the Yukon Territory and the Northwest Territories, a judge of the Supreme Court of the territory, and
	(2) The definition ``judge'' in section 552 of the Act is amended by adding the following after paragraph (i):
	(j) in Nunavut, a judge of the Nunavut Court of Justice;
R.S., c. 27 (1st Supp.), s. 104	37. The portion of section 553 of the Act before paragraph (a) is replaced by the following:
Absolute jurisdiction	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
R.S., c. 27 (1st Supp.), s. 203	38. Section 554 of the Act is replaced by the following:
Trial by provincial court judge with consent	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.
Nunavut	(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.
	39. The Act is amended by adding the following after section 555:
Decision to hold preliminary inquiry - Nunavut	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.
If subject-matter is a testamentary instrument or exceeds $5,000 in value - Nunavut	(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).
Continuation as preliminary inquiry - Nunavut	(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.
Continuing proceedings - Nunavut	(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.
Application to Nunavut	(5) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.
R.S., c. 27 (1st Supp.), s. 107	40. (1) The portion of subsection 556(2) of the Act before paragraph (a) is replaced by the following:
Non- appearance	(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
R.S., c. 27 (1st Supp.), s. 107	(2) Subsection 556(3) of the Act is replaced by the following:
Corporation not electing	(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.
R.S., c. 27 (1st Supp.), ss. 108, 203	41. Sections 557 and 558 of the Act are 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 shall be taken in accordance with the provisions of Part XVIII relating to preliminary inquiries.
	Jurisdiction of Judges
	Judge's Jurisdiction with Consent
Trial by judge without a jury	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.
R.S., c. 27 (1st Supp.), s. 109(1)	42. 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 have a preliminary inquiry and to be tried by a judge without a jury, a judge having jurisdiction shall,
	43. The Act is amended by adding the following after section 561:
Right to re-elect - 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, 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.
Right to re-elect - Nunavut	(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.
Right to re-elect - Nunavut	(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.
Notice of re-election under subsection (1) or (3) - Nunavut	(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).
Notice of re-election under subsection (1) - Nunavut	(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.
Notice of re-election under subsection (1) or (3) - Nunavut	(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.
Notice of re-election under subsection (2) - Nunavut	(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.
Time and place for re-election - Nunavut	(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.
Proceedings on re-election - Nunavut	(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall, after
	(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or
	(b) in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry or under subsection (2), the information
	has been read to the accused, be put to a re-election in the following words or in words to the like effect:

Bill C-57

Jurisdiction of Judges