Bill C-15

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First Reading

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	31. The Act is amended by adding the following after section 507:
Referral when private prosecution	507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.
Summons or warrant	(2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.
Conditions for issuance	(3) The judge or designated justice may issue a summons or warrant only if he or she
	(a) has heard and considered the allegations of the informant and the evidence of witnesses;
	(b) is satisfied that the Attorney General has received a copy of the information;
	(c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and
	(d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing.
Appearance of Attorney General	(4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.
Information deemed not to have been laid	(5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.
Information deemed not to have been laid - proceedings commenced	(6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.
New evidence required for new hearing	(7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held.
Subsections 507(2) to (8) to apply	(8) Subsections 507(2) to (8) apply to proceedings under this section.
Non-applica- tion - informations laid under sections 810 and 810.1	(9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.
Definition of ``designated justice''	(10) In this section, ``designated justice'' means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.
1996, c. 19, s. 93.3	32. Paragraph 515(4.1)(c) of the Act is replaced by the following:
	(c) an offence relating to the contravention of subsection 5(1) or (2) , 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or
1997, c. 39, s. 2	33. Paragraph 529.1(b) of the Act is replaced by the following:
	(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 ; or
R.S., c. 27 (1st Supp.), s. 96	34. Section 535 of the Act is replaced by the following:
Inquiry by justice	535. If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3) , the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
R.S., c. 27 (1st Supp.), s. 96	35. (1) Subsection 536(2) of the Act is replaced by the following:
Election before justice in certain cases	(2) If an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice 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 provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
R.S., c. 27 (1st Supp.), s. 96	(2) Subsection 536(4) of the Act is replaced by the following:
Request for preliminary inquiry	(4) If an accused elects 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 the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury , the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice , hold a preliminary inquiry into the charge.
Procedure if accused elects trial by judge alone or by judge and jury or deemed election	(4.1) If an accused elects 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 the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
	(a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
	(b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Preliminary inquiry if two or more accused	(4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.
When no request for preliminary inquiry	(4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.
1999, c. 3, s. 35	36. Subsections 536.1(2) to (5) of the Act are replaced by the following:
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 or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Request for preliminary inquiry - Nunavut	(3) If an accused elects 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 the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury , the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice , hold a preliminary inquiry into the charge.
Procedure if accused elects trial by judge alone or by judge and jury or deemed election	(4) If an accused elects 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 the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
	(a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
	(b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Preliminary inquiry if two or more accused	(4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.
Procedure if accused elects trial by judge - Nunavut	(4.2) If no request for a preliminary inquiry is made under subsection (3),
	(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
	(i) if the accused elects to be tried by a judge without a jury, 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, or
	(ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.
Jurisdic- tion - 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 purpose of subsection (3) .
	37. The Act is amended by adding the following after section 536.1:
Elections and re-elections in writing	536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.
	Procedures before Preliminary Inquiry
Statement of issues and witnesses	536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies
	(a) the issues on which the requesting party wants evidence to be given at the inquiry; and
	(b) the witnesses that the requesting party wants to hear at the inquiry.
Order for hearing	536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to
	(a) assist the parties to identify the issues on which evidence will be given at the inquiry;
	(b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses' needs and circumstances; and
	(c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.
Agreement to be recorded	(2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.
Agreement to limit scope of preliminary inquiry	536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.
	38. (1) Paragraph 537(1)(i) of the Act is replaced by the following:
	(i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;
	(2) Subsection 537(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (j) and by adding the following after paragraph (j):
	(j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and
	(3) Section 537 of the Act is amended by adding the following after subsection (1):
Inappropriate questioning	(1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.
	39. (1) Paragraph 540(1)(a) of the Act is replaced by the following:
	(a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and
	(2) Section 540 of the Act is amended by adding the following after subsection (6):
Evidence	(7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.
Notice of intention to tender	(8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.
Appearance for examination	(9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).
R.S., c. 27 (1st Supp.), s. 101(3) (Sch. II, s. 3)	40. Subsection 549(2) of the Act is replaced by the following:
Limited preliminary inquiry	(1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
Procedure	(2) If an accused is ordered to stand trial under this section , the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.
1999, c. 3, s. 38	41. Subsection 554(2) of the Act is replaced by the following:
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.
R.S., c. 27 (1st Supp.), s. 106	42. Paragraph 555(3)(a) of the Act is replaced by the following:
	(a) if the accused elects 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 his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election ; and
1999, c. 3, s. 39	43. Subsections 555.1(3) and (4) of the Act are replaced by the following:
Continuation as preliminary inquiry - Nunavut	(3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.
Continuing proceedings - Nunavut	(4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) , the judge shall endorse on the information a record of the election and continue with the trial.

Bill C-15

Procedures before Preliminary Inquiry