CONSOLIDATED STATUTES OF CANADA
PART XX PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS
(3) The pleas of autrefois acquit, autrefois convict and pardon shall be disposed of by the judge without a jury before the accused is called on to plead further.
(4) When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty.
(5) Where an accused pleads autrefois acquit or autrefois convict, it is sufficient if he
(a) states that he has been lawfully acquitted, convicted or discharged under subsection 730(1), as the case may be, of the offence charged in the count to which the plea relates; and
(b) indicates the time and place of the acquittal, conviction or discharge under subsection 730(1).
Exception: foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.4) or subsection 7(3.7) or (3.71), and in respect of which that person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
(a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person's instructions, and
(b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,
notwithstanding that the person is deemed by virtue of subsection 7(6) to have been tried and convicted in Canada in respect of the act or omission.
R.S., 1985, c. C-46, s. 607; R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 10.
Evidence of identity of charges
608. Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.
R.S., c. C-34, s. 536.
What determines identity
609. (1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears
(a) that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and
(b) that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded,
the judge shall give judgment discharging the accused in respect of that count.
Allowance of special plea in part
(2) The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried:
(a) where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and
(b) where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.
R.S., c. C-34, s. 537.
Circumstances of aggravation
610. (1) Where an indictment charges substantially the same offence as that charged in an indictment on which an accused was previously convicted or acquitted, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous conviction or acquittal bars the subsequent indictment.
Effect of previous charge of murder or manslaughter
(2) A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.
Previous charges of first degree murder
(3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.
Effect of previous charge of infanticide or manslaughter
(4) A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.
R.S., c. C-34, s. 538; 1973-74, c. 38, s. 5; 1974-75-76, c. 105, s. 9.
Libel, plea of justification
611. (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.
Where more than one sense alleged
(2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.
Plea in writing
(3) A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.
(4) The prosecutor may in his reply deny generally the truth of a plea that is made under this section.
R.S., c. C-34, s. 539.
Plea of justification necessary
612. (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.
Not guilty, in addition
(2) The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.
Effect of plea on punishment
(3) Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.
R.S., c. C-34, s. 540.
Plea of not guilty
613. Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.
R.S., c. C-34, s. 541.
614. to 619. [ Repealed, 1991, c. 43, s. 3]
Appearance by attorney
620. Every corporation against which an indictment is filed shall appear and plead by counsel or agent.
R.S., 1985, c. C-46, s. 620; 1997, c. 18, s. 70.
Notice to corporation
621. (1) The clerk of the court or the prosecutor may, where an indictment is filed against a corporation, cause a notice of the indictment to be served on the corporation.
Contents of notice
(2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the corporation appears on the date set out in the notice or the date fixed pursuant to subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the corporation had appeared and pleaded.
R.S., 1985, c. C-46, s. 621; 1997, c. 18, s. 71.
Procedure on default of appearance
622. Where a corporation does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the corporation, and the plea has the same force and effect as if the corporation had appeared by its counsel or agent and pleaded that plea.
R.S., 1985, c. C-46, s. 622; 1997, c. 18, s. 72.
Trial of corporation
623. Where a corporation appears and pleads to an indictment or a plea of not guilty is entered by order of the court pursuant to section 622, the court shall proceed with the trial of the indictment and, where the corporation is convicted, section 735 applies.
R.S., 1985, c. C-46, s. 623; 1995, c. 22, s. 10.
Record of Proceedings
624. (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.
Record of proceedings
(2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.
R.S., c. C-34, s. 552.
Form of record in case of amendment
625. Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.
R.S., c. C-34, s. 553.
625.1 (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.
Mandatory pre-trial hearing for jury trials
(2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, prior to the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under section 482 to consider such matters as will promote a fair and expeditious trial.
R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F); 1997, c. 18, s. 73.
Qualification of jurors
626. (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.
No disqualification based on sex
(2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.
R.S., 1985, c. C-46, s. 626; R.S., 1985, c. 27 (1st Supp.), s. 128.
Support for juror with physical disability
627. The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.
R.S., 1985, c. C-46, s. 627; R.S., 1985, c. 2 (1st Supp.), s. 1; 1998, c. 9, s. 4.
Challenging the Array
628. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129]
Challenging the jury panel
629. (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.
(2) A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.
(3) A challenge under this section may be in Form 40.
R.S., 1985, c. C-46, s. 629; R.S., 1985, c. 27 (1st Supp.), s. 130.
Trying ground of challenge
630. Where a challenge is made under section 629, the judge shall determine whether the alleged ground of challenge is true or not, and where he is satisfied that the alleged ground of challenge is true, he shall direct a new panel to be returned.
R.S., c. C-34, s. 559.
Names of jurors on cards
631. (1) The name of each juror on a panel of jurors that has been returned, his number on the panel and his address shall be written on a separate card, and all the cards shall, as far as possible, be of equal size.
To be placed in box
(2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.
To be drawn by clerk of court
(a) the array of jurors is not challenged, or
(b) the array of jurors is challenged but the judge does not direct a new panel to be returned,
the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by.
Juror and other persons to be sworn
(4) The clerk of the court shall swear each member of the jury in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.
Drawing additional names if necessary
(5) Where the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors are sworn.
R.S., 1985, c. C-46, s. 631; R.S., 1985, c. 27 (1st Supp.), s. 131; 1992, c. 41, s. 1; 1998, c. 9, s. 5.
632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or any challenge has been made in relation to the juror, for reasons of
(a) personal interest in the matter to be tried;
(b) relationship with the judge, prosecutor, accused, counsel for the accused or a prospective witness; or
(c) personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused.
R.S., 1985, c. C-46, s. 632; 1992, c. 41, s. 2.
633. The judge may direct a juror whose name has been called pursuant to subsection 631(3) to stand by for reasons of personal hardship or any other reasonable cause.
R.S., 1985, c. C-46, s. 633; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 1992, c. 41, s. 2.
CONSOLIDATED STATUTES OF CANADA
PART XX PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS