Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2024-05-28 and last amended on 2024-01-14. Previous Versions

PART XIIIAttempts — Conspiracies — Accessories (continued)

 [Repealed, 2019, c. 25, s. 185]

PART XIVJurisdiction

General

Marginal note:Superior court of criminal jurisdiction

 Every superior court of criminal jurisdiction has jurisdiction to try any indictable offence.

  • R.S., c. C-34, s. 426

Marginal note:Court of criminal jurisdiction

 Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

  • (a) an offence under any of the following sections:

    • (i) section 47 (treason),

    • (ii) [Repealed, 2018, c. 29, s. 61]

    • (iii) section 51 (intimidating Parliament or a legislature),

    • (iv) section 53 (inciting to mutiny),

    • (v) section 61 (seditious offences),

    • (vi) section 74 (piracy),

    • (vii) section 75 (piratical acts), or

    • (viii) section 235 (murder);

  • Marginal note:Accessories

    (b) the offence of being an accessory after the fact to high treason or treason or murder;

  • (c) an offence under section 119 (bribery) by the holder of a judicial office;

  • Marginal note:Crimes against humanity

    (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • Marginal note:Attempts

    (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

  • Marginal note:Conspiracy

    (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

  • R.S., 1985, c. C-46, s. 469
  • R.S., 1985, c. 27 (1st Supp.), s. 62
  • 2000, c. 24, s. 44
  • 2018, c. 29, s. 61

Marginal note:Jurisdiction over person

 Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

  • (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or

  • (b) if the accused has been ordered to be tried by

    • (i) that court, or

    • (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.

  • R.S., 1985, c. C-46, s. 470
  • R.S., 1985, c. 27 (1st Supp.), s. 101

Marginal note:Trial by jury compulsory

 Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

  • R.S., c. C-34, s. 429

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 63]

Marginal note:Trial without jury

  •  (1) Notwithstanding anything in this Act, an accused charged with an offence listed in section 469 may, with the consent of the accused and the Attorney General, be tried without a jury by a judge of a superior court of criminal jurisdiction.

  • Marginal note:Joinder of other offences

    (1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1), the judge of the superior court of criminal jurisdiction may order that any offence be tried by that judge in conjunction with the offence listed in section 469.

  • Marginal note:Withdrawal of consent

    (2) Notwithstanding anything in this Act, where the consent of an accused and the Attorney General is given in accordance with subsection (1), that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.

  • R.S., 1985, c. C-46, s. 473
  • R.S., 1985, c. 27 (1st Supp.), s. 63
  • 1994, c. 44, s. 30

Marginal note:Adjournment when no jury summoned

  •  (1) Where the competent authority has determined that a panel of jurors is not to be summoned for a term or sittings of the court for the trial of criminal cases in any territorial division, the clerk of the court may, on the day of the opening of the term or sittings, if a judge is not present to preside over the court, adjourn the court and the business of the court to a subsequent day.

  • Marginal note:Adjournment on instructions of judge

    (2) A clerk of the court for the trial of criminal cases in any territorial division may, at any time, on the instructions of the presiding judge or another judge of the court, adjourn the court and the business of the court to a subsequent day.

  • R.S., 1985, c. C-46, s. 474
  • 1994, c. 44, s. 31

Marginal note:Accused absconding during trial

  •  (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of his trial,

    • (a) he shall be deemed to have waived his right to be present at his trial, and

    • (b) the court may

      • (i) continue the trial and proceed to a judgment or verdict and, if it finds the accused guilty, impose a sentence on him in his absence, or

      • (ii) if a warrant in Form 7 is issued for the arrest of the accused, adjourn the trial to await his appearance,

      but where the trial is adjourned pursuant to subparagraph (b)(ii), the court may, at any time, continue the trial if it is satisfied that it is no longer in the interests of justice to await the appearance of the accused.

  • Marginal note:Adverse inference

    (2) Where a court continues a trial pursuant to subsection (1), it may draw an inference adverse to the accused from the fact that he has absconded.

  • Marginal note:Accused not entitled to re-opening

    (3) Where an accused reappears at his trial that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the court is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the proceedings.

  • Marginal note:Counsel for accused may continue to act

    (4) Where an accused has absconded during the course of his trial and the court continues the trial, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

  • R.S., 1985, c. C-46, s. 475
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F), c. 1 (4th Supp.), s. 18(F)

Special Jurisdiction

Marginal note:Special jurisdictions

 For the purposes of this Act,

  • (a) where an offence is committed in or on any water or on a bridge between two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (b) where an offence is committed on the boundary of two or more territorial divisions or within five hundred metres of any such boundary, or the offence was commenced within one territorial division and completed within another, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (c) where an offence is committed in or on a vehicle employed in a journey, or on board a vessel employed on a navigable river, canal or inland water, the offence shall be deemed to have been committed in any territorial division through which the vehicle or vessel passed in the course of the journey or voyage on which the offence was committed, and where the center or other part of the road, or navigable river, canal or inland water on which the vehicle or vessel passed in the course of the journey or voyage is the boundary of two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (d) where an offence is committed in an aircraft in the course of a flight of that aircraft, it shall be deemed to have been committed

    • (i) in the territorial division in which the flight commenced,

    • (ii) in any territorial division over which the aircraft passed in the course of the flight, or

    • (iii) in the territorial division in which the flight ended; and

  • (e) where an offence is committed in respect of the mail in the course of its door-to-door delivery, the offence shall be deemed to have been committed in any territorial division through which the mail was carried on that delivery.

  • R.S., 1985, c. C-46, s. 476
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1992, c. 1, s. 58

Definition of ship

  •  (1) In sections 477.1 to 477.4, ship includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.

  • Marginal note:Saving

    (2) Nothing in sections 477.1 to 477.4 limits the operation of any other Act of Parliament or the jurisdiction that a court may exercise apart from those sections.

  • R.S., 1985, c. C-46, s. 477
  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 67

Marginal note:Offences outside of Canada

 Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

  • (a) in the exclusive economic zone of Canada that

    • (i) is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and

    • (ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;

  • (c) that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (d) that is committed outside Canada in the course of hot pursuit; or

  • (e) that is committed outside the territory of any state by a Canadian citizen.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 68
  • 2001, c. 27, s. 247

Marginal note:Consent of Attorney General of Canada

  •  (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to proceedings by way of summary conviction.

  • Marginal note:Consent of Attorney General of Canada

    (2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Consent of Attorney General of Canada

    (3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

  • Marginal note:Consent to be filed

    (4) The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

  • 1990, c. 44, s. 15
  • 1994, c. 44, s. 32
  • 1996, c. 31, s. 69

Marginal note:Exercising powers of arrest, entry, etc.

  •  (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    • (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or

    • (b) where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence

    • (a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or

    • (b) referred to in section 477.1

    in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Limitation

    (3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 70
  •  (1) and (2) [Repealed, 1996, c. 31, s. 71]

  • Marginal note:Evidence

    (3) In proceedings in respect of an offence,

    • (a) a certificate referred to in subsection 23(1) of the Oceans Act, or

    • (b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,

    is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.

  • Marginal note:Certificate cannot be compelled

    (4) A certificate referred to in subsection (3) is admissible in evidence in proceedings referred to in that subsection but its production cannot be compelled.

  • 1990, c. 44, s. 15
  • 1995, c. 5, s. 25
  • 1996, c. 31, s. 71
 

Date modified: