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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-03-19 and last amended on 2019-12-18. Previous Versions

PART XXVIExtraordinary Remedies (continued)

Marginal note:Want of proof of order in council

  •  (1) No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given

    • (a) of a proclamation or order of the Governor in Council or the lieutenant governor in council;

    • (b) of rules, regulations or by-laws made by the Governor in Council under an Act of Parliament or by the lieutenant governor in council under an Act of the legislature of the province; or

    • (c) of the publication of a proclamation, order, rule, regulation or by-law in the Canada Gazette or in the official gazette for the province.

  • Marginal note:Judicial notice

    (2) Proclamations, orders, rules, regulations and by-laws mentioned in subsection (1) and the publication thereof shall be judicially noticed.

  • R.S., c. C-34, s. 715

Marginal note:Defect in form

 No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where

  • (a) it is alleged in the warrant that the defendant was convicted; and

  • (b) there is a valid conviction to sustain the warrant.

  • R.S., c. C-34, s. 716

Marginal note:No action against official when conviction, etc., quashed

 Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.

  • R.S., 1985, c. C-46, s. 783
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Appeal in mandamus, etc.

  •  (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition.

  • Marginal note:Application of Part XXI

    (2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.

  • Marginal note:Refusal of application, and appeal

    (3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.

  • Marginal note:Where writ granted

    (4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.

  • Marginal note:Appeal from judgment on return of writ

    (5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.

  • Marginal note:Hearing of appeal

    (6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

  • R.S., 1985, c. C-46, s. 784
  • 1997, c. 18, s. 109

PART XXVIISummary Convictions

Interpretation

Marginal note:Definitions

 In this Part,

clerk of the appeal court

clerk of the appeal court includes a local clerk of the appeal court; (greffier de la cour d’appel)

informant

informant means a person who lays an information; (dénonciateur)

information

information includes

  • (a) a count in an information, and

  • (b) a complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (dénonciation)

order

order means any order, including an order for the payment of money; (ordonnance)

proceedings

proceedings means

  • (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and

  • (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (procédures)

prosecutor

prosecutor means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; (poursuivant)

sentence

sentence includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

  • (e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

summary conviction court

summary conviction court means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who

  • (a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,

  • (b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or

  • (c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; (cour des poursuites sommaires)

trial

trial includes the hearing of a complaint. (procès ou instruction)

  • R.S., 1985, c. C-46, s. 785
  • R.S., 1985, c. 27 (1st Supp.), ss. 170, 203
  • 1992, c. 1, s. 58
  • 1995, c. 22, s. 7, c. 39, s. 156
  • 1996, c. 19, s. 76
  • 1999, c. 25, s. 23(Preamble)
  • 2002, c. 13, s. 78
  • 2006, c. 14, s. 7
  • 2013, c. 11, s. 4
  • 2018, c. 16, s. 223, c. 21, s. 26
  • 2019, c. 25, s. 314

Marginal note:Application of Part

  •  (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.

  • Marginal note:Limitation

    (2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.

  • R.S., 1985, c. C-46, s. 786
  • 1997, c. 18, s. 110
  • 2019, c. 25, s. 315

Punishment

Marginal note:General penalty

  •  (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.

  • Marginal note:Imprisonment in default if not otherwise specified

    (2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.

  • R.S., 1985, c. C-46, s. 787
  • R.S., 1985, c. 27 (1st Supp.), s. 171
  • 2008, c. 18, s. 44
  • 2019, c. 25, s. 316
 
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