Bill C-57

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	You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?
Application to Nunavut	(10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.
	44. The Act is amended by adding the following after section 562:
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 without a preliminary inquiry, 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 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.
Application to Nunavut	(3) This section, and not section 562, applies in respect of criminal proceedings in Nunavut.
	45. The Act is amended by adding the following after section 563:
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 without having a preliminary inquiry,
	(a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, subject to any amendments that may be allowed by the judge by whom the accused is tried; and
	(b) the judge before whom the re-election is made shall endorse on the information a record of the re-election.
Application to Nunavut	(2) This section, and not section 563, applies in respect of criminal proceedings in Nunavut.
R.S., c. 27 (1st Supp.), s. 111	46. (1) The portion of subsection 565(1) of the Act before paragraph (a) is replaced by the following:
Election deemed to have been made	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
	(2) Section 565 of the Act is amended by adding the following after subsection (1):
Nunavut	(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
	(a) the accused was ordered to stand trial by a judge who, under subsection 555.1(1), continued the proceedings as a preliminary inquiry;
	(b) the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.1(1) to record the election or re-election of the accused; or
	(c) the accused did not elect when put to an election under section 536.1.
R.S., c. 27 (1st Supp.), s. 111	(3) Subsection 565(4) of the Act is replaced by the following:
Application	(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).
	47. The Act is amended by adding the following after section 566:
Indictment - Nunavut	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.
Preferring indictment - Nunavut	(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.
What counts may be included and who may prefer indictment - Nunavut	(3) Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).
Application to Nunavut	(4) This section, and not section 566, applies in respect of criminal proceedings in Nunavut.
	48. The Act is amended by adding the following after section 567:
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 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
	(a) may decline to record any election, re-election or deemed election
	(i) for trial by a judge without a jury and without having a preliminary inquiry, or
	(ii) to have a preliminary inquiry and to be tried by a judge without a jury; and
	(b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.
Application to Nunavut	(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.
	49. The Act is amended by adding the following after section 568:
Attorney General may require trial by jury - Nunavut	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.
Application to Nunavut	(2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.
	50. The Act is amended by adding the following after Part XIX:
	PART XIX.1
	NUNAVUT COURT OF JUSTICE
Nunavut Court of Justice	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.
Status when exercising power	(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.
Interpreta- tion	(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.
Application for review - Nunavut	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
	(a) relating to a warrant or summons;
	(b) relating to the conduct of a preliminary inquiry, including an order under subsection 548(1);
	(c) relating to a subpoena;
	(d) relating to the publication or broadcasting of information or access to the court room for all or part of the proceedings;
	(e) to refuse to quash an information or indictment; or
	(f) relating to the detention, disposal or forfeiture of any thing seized under a warrant or order.
Limitation	(2) A decision or order may not be reviewed under this section if
	(a) the decision or order is of a kind that could only be made in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or
	(b) another statutory right of review is available.
Grounds of review	(3) The judge of the Court of Appeal of Nunavut may grant relief under subsection (4) only if the judge is satisfied that
	(a) in the case of any decision or order mentioned in subsection (1),
	(i) the judge of the Nunavut Court of Justice failed to observe a principle of natural justice or failed or refused to exercise the judge's jurisdiction, or
	(ii) the decision or order was made as a result of an irrelevant consideration or for an improper purpose;
	(b) in the case of a decision or order mentioned in paragraph (1)(a), that
	(i) the judge failed to comply with a statutory requirement for the making of the decision or order,
	(ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met,
	(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts,
	(iv) the warrant is so vague or lacking in particularity that it authorizes an unreasonable search, or
	(v) the warrant lacks a material term or condition that is required by law;
	(c) in the case of a decision or order mentioned in paragraph (1)(b), that the judge of the Nunavut Court of Justice
	(i) failed to follow a mandatory provision of this Act relating to the conduct of a preliminary inquiry,
	(ii) ordered the accused to stand trial when there was no evidence adduced on which a properly instructed jury acting reasonably could convict, or
	(iii) discharged the accused when there was some evidence adduced on which a properly instructed jury acting reasonably could convict;
	(d) in the case of a decision or order mentioned in paragraph (1)(c) or (d), that the judge of the Nunavut Court of Justice erred in law;
	(e) in the case of a decision or order mentioned in paragraph (1)(e), that
	(i) the information or indictment failed to give the accused notice of the charge,
	(ii) the judge of the Nunavut Court of Justice did not have jurisdiction to try the offence, or
	(iii) the provision creating the offence alleged to have been committed by the accused is unconstitutional; or
	(f) in the case of a decision or order mentioned in paragraph (1)(f), that
	(i) the judge failed to comply with a statutory requirement for the making of the decision or order,
	(ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met, or
	(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts.
Powers of judge	(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:
	(a) order a judge of the Nunavut Court of Justice to do any act or thing that the judge or any other judge of that court failed or refused to do or has delayed in doing;
	(b) prohibit or restrain a decision, order or proceeding of a judge of the Nunavut Court of Justice;
	(c) declare invalid or unlawful, quash or set aside, in whole or in part, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
	(d) refer back for determination in accordance with any directions that the judge considers to be appropriate, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
	(e) grant any remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms;
	(f) refuse to grant any relief if the judge is of the opinion that no substantial wrong or miscarriage of justice has occurred or that the subject-matter of the application should be determined at trial or on appeal; and
	(g) dismiss the application.
Interim orders	(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.
Rules	(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.
Appeal	(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.
Habeas corpus	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
	(a) the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or
	(b) another statutory right of review or appeal is available.
Exception	(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.
Provisions apply	(3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).
	51. (1) Paragraph 598(1)(b) of the Act is replaced by the following:
	(b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

Bill C-57

PART XIX.1

NUNAVUT COURT OF JUSTICE