CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XIV JURISDICTION
Rules of Court
Regulations to secure uniformity
(5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.
R.S., 1985, c. C-46, s. 482; R.S., 1985, c. 27 (1st Supp.), s. 66; 1994, c. 44, s. 35.
General Powers of Certain Officials
Officials with powers of two justices
483. Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do.
R.S., 1985, c. C-46, s. 483; R.S., 1985, c. 27 (1st Supp.), s. 203.
484. Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof.
R.S., 1985, c. C-46, s. 484; R.S., 1985, c. 27 (1st Supp.), s. 203.
485. (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands.
(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as paragraph 537(1)(j) or subsection 650(1.1) applies and the accused is to appear by counsel.
(2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.
Dismissal for want of prosecution
(3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1.
(4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.
(5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).
R.S., 1985, c. C-46, s. 485; R.S., 1985, c. 27 (1st Supp.), s. 67; 1992, c. 1, s. 60(F); 1997, c. 18, s. 40.
Recommencement where dismissal for want of prosecution
485.1 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without
(a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or
(b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.
R.S., 1985, c. 27 (1st Supp.), s. 67.
Exclusion of public in certain cases
486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.
(1.1) For the purposes of subsections (1) and (2.3) and for greater certainty, the "proper administration of justice" includes ensuring that the interests of witnesses under the age of fourteen years are safeguarded in proceedings in which the accused is charged with a sexual offence, an offence against any of sections 271, 272 and 273 or an offence in which violence against the person is alleged to have been used, threatened or attempted.
(1.2) In proceedings referred to in subsection (1.1), the presiding judge, provincial court judge or justice may, on application of the prosecutor or a witness who, at the time of the trial or preliminary hearing, is under the age of fourteen years, order that a support person of the witness' choice be permitted to be present and to be close to the witness while testifying.
Witness not to be a support person
(1.3) The presiding judge, provincial court judge or justice shall not permit a witness in the proceedings referred to in subsection (1.1) to be a support person unless the presiding judge, provincial court judge or justice is of the opinion that the proper administration of justice so requires.
No communication while testifying
(1.4) The presiding judge, provincial court judge or justice may order that the support person and the witness not communicate with each other during the testimony of the witness.
(2) Where an accused is charged with an offence mentioned in section 274 and the prosecutor or the accused makes an application for an order under subsection (1), the presiding judge, provincial court judge or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
(2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.
(2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.
(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or other witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
Accused not to cross-examine child witness
(2.3) In proceedings referred to in subsection (1.1), the accused shall not personally cross-examine a witness who at the time of the proceedings is under the age of fourteen years, unless the presiding judge, provincial court judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination and, where the accused is not personally conducting the cross-examination, the presiding judge, provincial court judge or justice shall appoint counsel for the purpose of conducting the cross-examination.
(3) Subject to subsection (4), where an accused is charged with
(a) an offence under section 151, 152, 153, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,
(b) an offence under section 144, 145, 149, 156, 245 or 246 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or
(c) an offence under section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988,
the presiding judge or justice may make an order directing that the identity of the complainant or of a witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way.
(3.1) An order made under subsection (3) does not apply in respect of the disclosure of information in the course of the administration of justice where it is not the purpose of the disclosure to make the information known in the community.
Mandatory order on application
(4) The presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant to proceedings in respect of an offence mentioned in subsection (3) of the right to make an application for an order under subsection (3); and
(b) on application made by the complainant, the prosecutor or any such witness, make an order under that subsection.
(5) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
(6) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 14]
R.S., 1985, c. C-46, s. 486; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1; 1992, c. 1, s. 60(F), c. 21, s. 9; 1993, c. 45, s. 7; 1997, c. 16, s. 6.
Information for search warrant
487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place
(a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,
(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,
(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or
(c.1) any offence-related property,
may at any time issue a warrant under his hand authorizing a person named therein or a peace officer
(d) to search the building, receptacle or place for any such thing and to seize it, and
(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.
(2) Where the building, receptacle or place in which anything mentioned in subsection (1) is believed to be is in any other territorial division, the justice may issue his warrant in like form modified according to the circumstances, and the warrant may be executed in the other territorial division after it has been endorsed, in Form 28, by a justice having jurisdiction in that territorial division.
Operation of computer system and copying equipment
(2.1) A person authorized under this section to search a computer system in a building or place for data may
(a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;
(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;
(c) seize the print-out or other output for examination or copying; and
(d) use or cause to be used any copying equipment at the place to make copies of the data.
Duty of person in possession or control
(2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search
(a) to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for;
(b) to obtain a hard copy of the data and to seize it; and
(c) to use or cause to be used any copying equipment at the place to make copies of the data.
(3) A search warrant issued under this section may be in the form set out as Form 5 in Part XXVIII, varied to suit the case.
(4) An endorsement that is made on a warrant as provided for in subsection (2) is sufficient authority to the peace officers or the persons to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to deal with the things seized in accordance with section 489.1 or as otherwise provided by law.
R.S., 1985, c. C-46, s. 487; R.S., 1985, c. 27 (1st Supp.), s. 68; 1994, c. 44, s. 36; 1997, c. 18, s. 41, c. 23, s. 12.
Information for general warrant
487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if
(a) the judge is satisfied by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;
(b) the judge is satisfied that it is in the best interests of the administration of justice to issue the warrant; and
(c) there is no other provision in this or any other Act of Parliament that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.
(2) Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.
Search or seizure to be reasonable
(3) A warrant issued under subsection (1) shall contain such terms and conditions as the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
(4) A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.
(5) The definition "offence" in section 183 and sections 183.1, 184.2, 184.3 and 185 to 188.2, subsection 189(5), and sections 190, 193 and 194 to 196 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.
(5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.
Extension of period for giving notice
(5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
(6) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
Telewarrant provisions to apply
(7) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.
1993, c. 40, s. 15; 1997, c. 18, s. 42, c. 23, s. 13.
487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person's assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.
1993, c. 40, s. 15; 1997, c. 18, s. 43.
487.03 Where
(a) a warrant is issued under section 487.01, 487.05 or 492.1 or subsection 492.2(1) in one province,
(b) it may reasonably be expected that the warrant is to be executed in another province, and
(c) the execution of the warrant would require entry into or on the property of any person in the other province or would require that an order be made under section 487.02 with respect to any person in that other province,
a judge or justice, as the case may be, in the other province may, on application, endorse the warrant and the warrant, after being so endorsed, has the same force in that other province as though it had originally been issued in that other province.
1993, c. 40, s. 15; 1995, c. 27, s. 1.
Forensic DNA Analysis
487.04 In this section and sections 487.05 to 487.09,
"adult" has the meaning assigned by subsection 2(1) of the Young Offenders Act;
"designated offence" « infraction désignée »
"designated offence" means
(a) an offence under any of the following provisions of this Act, namely,
(i) section 75 (piratical acts),
(ii) section 76 (hijacking),
(iii) section 77 (endangering safety of aircraft or airport),
(iv) section 78.1 (seizing control of ship or fixed platform),
(v) paragraph 81(2)(a) (using explosives),
(vi) section 151 (sexual interference),
(vii) section 152 (invitation to sexual touching),
(viii) section 153 (sexual exploitation),
(ix) section 155 (incest),
(x) subsection 212(4) (offence in relation to juvenile prostitution),
(xi) section 220 (causing death by criminal negligence),
(xii) section 221 (causing bodily harm by criminal negligence),
(xiii) section 231 (murder),
(xiv) section 236 (manslaughter),
(xv) section 244 (causing bodily harm with intent),
(xvi) section 252 (failure to stop at scene of accident),
(xvii) section 266 (assault),
(xviii) section 267 (assault with a weapon or causing bodily harm),
(xix) section 268 (aggravated assault),
(xx) section 269 (unlawfully causing bodily harm),
(xxi) section 269.1 (torture),
(xxii) paragraph 270(1)(a) (assaulting a peace officer),
(xxiii) section 271 (sexual assault),
(xxiv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xxv) section 273 (aggravated sexual assault),
(xxvi) section 279 (kidnapping),
(xxvii) section 279.1 (hostage taking),
(xxviii) section 344 (robbery),
(xxix) subsection 348(1) (breaking and entering with intent, committing offence or breaking out),
(xxx) subsection 430(2) (mischief that causes actual danger to life),
(xxxi) section 433 (arson — disregard for human life), and
(xxxii) section 434.1 (arson — own property),
(b) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990, namely,
(i) section 433 (arson), and
(ii) section 434 (setting fire to other substance),
(c) an offence under the following provision of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988, namely, paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.),
(d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,
(i) section 144 (rape),
(ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen), and
(iii) section 148 (sexual intercourse with feeble-minded, etc.), and
(e) an attempt to commit an offence referred to in any of paragraphs (a) to (d);
"DNA" means deoxyribonucleic acid;
"forensic DNA analysis" « analyse génétique »
"forensic DNA analysis", in relation to a bodily substance that is obtained in execution of a warrant, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b) and includes any incidental tests associated with that analysis;
"provincial court judge" « juge de la cour provinciale »
"provincial court judge", in relation to a young person, includes a youth court judge within the meaning of subsection 2(1) of the Young Offenders Act;
CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XIV JURISDICTION
Rules of Court