An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) (S.C. 2008, c. 18)
Full Document:
Assented to 2008-05-29
Marginal note:1998, c. 37, s. 17
13. Subsection 487.055(6) of the Act is repealed.
Marginal note:1994, c. 44, s. 38(8)
14. Subsection 490(17) of the Act is replaced by the following:
Marginal note:Appeal
(17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order
(a) to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or
(b) to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require.
Marginal note:R.S., c. 27 (1st Supp.), s. 76(2)
15. Subsection 501(5) of the Act is repealed.
16. Section 507.1 of the Act is amended by adding the following after subsection (10):
Meaning of “Attorney General”
(11) In this section, “Attorney General” includes the Attorney General of Canada and his or her lawful deputy in respect of proceedings that could have been commenced at the instance of the Government of Canada and conducted by or on behalf of that Government.
Marginal note:1997, c. 18, s. 59(1)
17. Subsection 509(3) of the Act is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
18. (1) Subsection 530(3) of the Act is replaced by the following:
Marginal note:Accused to be advised of right
(3) The justice of the peace or provincial court judge before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
(2) Subsection 530(5) of the Act is replaced by the following:
Marginal note:Variation of order
(5) An order under this section that a trial be held in one of the official languages of Canada may, if the circumstances warrant, be varied by the court to require that it be held in both official languages of Canada, and vice versa.
Marginal note:Circumstances warranting order directing trial in both official languages
(6) The facts that two or more accused who are to be tried together are each entitled to be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak one of the official languages of Canada and that those official languages are different may constitute circumstances that warrant that an order be granted directing that they be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada.
19. The Act is amended by adding the following after section 530:
Marginal note:Translation of documents
530.01 (1) If an order is granted under section 530, a prosecutor — other than a private prosecutor — shall, on application by the accused,
(a) cause the portions of an information or indictment against the accused that are in an official language that is not that of the accused or that in which the accused can best give testimony to be translated into the other official language; and
(b) provide the accused with a written copy of the translated text at the earliest possible time.
Marginal note:Original version prevails
(2) In the case of a discrepancy between the original version of a document and the translated text, the original version shall prevail.
Marginal note:R.S., c. 31 (4th Supp.), s. 94
20. (1) The portion of section 530.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:If order granted
530.1 If an order is granted under section 530,
Marginal note:R.S., c. 31 (4th Supp.), s. 94
(2) Paragraphs 530.1(d) and (e) of the Act are replaced by the following:
(c.1) the presiding justice or judge may, if the circumstances warrant, authorize the prosecutor to examine or cross-examine a witness in the official language of the witness even though it is not that of the accused or that in which the accused can best give testimony;
(d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language of the accused or both official languages, as the case may be;
(e) the accused has a right to have a prosecutor — other than a private prosecutor — who speaks the official language of the accused or both official languages, as the case may be;
21. Section 531 of the Act is replaced by the following:
Marginal note:Language used in proceeding
530.2 (1) If an order is granted directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages, the justice or judge presiding over a preliminary inquiry or trial may, at the start of the proceeding, make an order setting out the circumstances in which, and the extent to which, the prosecutor and the justice or judge may use each official language.
Marginal note:Right of the accused
(2) Any order granted under this section shall, to the extent possible, respect the right of the accused to be tried in his or her official language.
Marginal note:Change of venue
531. Despite any other provision of this Act but subject to any regulations made under section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province.
21.1 The Act is amended by adding the following after section 533:
Marginal note:Review
533.1 (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Marginal note:Report
(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.
22. Section 537 of the Act is amended by adding the following after subsection (1):
Marginal note:Section 715
(1.01) Where a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during his or her absence could still be admissible under section 715.
Marginal note:2002, c. 13, s. 41
23. Subsections 565(2) and (3) of the Act are replaced by the following:
Marginal note:When direct indictment preferred
(2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
Marginal note:Notice of re-election
(3) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect to a judge or clerk of the court where the indictment has been filed or preferred who shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
Marginal note:2002, c. 13, s. 43
24. Section 568 of the Act is replaced by the following:
Marginal note:Attorney General may require trial by jury
568. Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may 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. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2).
Marginal note:2002, c. 13, s. 44
24.1 Subsection 569(1) of the Act is replaced by the following:
Marginal note:Attorney General may require trial by jury — Nunavut
569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may 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. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).
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