Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Offence committed entirely in one province

• 478 (1) Subject to this Act, a court in a province shall not try an offence committed entirely in another province.

• Marginal note:Exception

  (2) Every proprietor, publisher, editor or other person charged with the publication of a defamatory libel in a newspaper or with conspiracy to publish a defamatory libel in a newspaper shall be dealt with, indicted, tried and punished in the province where he resides or in which the newspaper is printed.

• Marginal note:Idem

  (3) An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and

  • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or

  • (b) in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

  appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

• Marginal note:Where accused ordered to stand trial

  (4) Notwithstanding that an accused described in subsection (3) has been ordered to stand trial or that an indictment has been preferred against the accused in respect of the offence to which he desires to plead guilty, the accused shall be deemed simply to stand charged of that offence without a preliminary inquiry having been conducted or an indictment having been preferred with respect thereto.

• Definition of newspaper

  (5) In this section, newspaper has the same meaning as in section 297.

Marginal note:Offence outstanding in same province

479 Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and

• (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or

• (b) in any other case, the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

Marginal note:Offence in unorganized territory

• 480 (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district.

• Marginal note:New territorial division

  (2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division.

Marginal note:Offence not in a province

481 Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division.

Marginal note:Offence in Canadian waters

481.1 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

Marginal note:Offence outside Canada

481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

Marginal note:Appearance of accused at trial

481.3 For greater certainty, the provisions of this Act relating to

• (a) the requirement of the appearance of an accused at proceedings, and

• (b) the exceptions to that requirement

apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

Rules of Court

Marginal note:Power to make rules

• 482 (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

• Marginal note:Power to make rules

  (2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

  • (a) every court of criminal jurisdiction for a province;

  • (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);

  • (c) the Ontario Court of Justice;

  • (d) the Court of Quebec and every municipal court in the Province of Quebec;

  • (e) the Provincial Court of Nova Scotia;

  • (f) the Provincial Court of New Brunswick;

  • (g) the Provincial Court of Manitoba;

  • (h) the Provincial Court of British Columbia;

  • (i) the Provincial Court of Prince Edward Island;

  • (j) the Provincial Court of Saskatchewan;

  • (k) the Provincial Court of Alberta;

  • (l) the Provincial Court of Newfoundland and Labrador;

  • (m) the Territorial Court of Yukon;

  • (n) the Territorial Court of the Northwest Territories; and

  • (o) the Nunavut Court of Justice.

• Marginal note:Purpose of rules

  (3) Rules under subsection (1) or (2) may be made

  • (a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;

  • (b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;

  • (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

  • (d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,

    • (i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,

    • (ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

    • (iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

    • (iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and

    • (v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.

• Marginal note:Publication

  (4) Rules of court that are made under this section must be published or otherwise made available to the public.

• Marginal note: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.

Marginal note:Power to make rules respecting case management

• 482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

  • (a) for the determination of any matter that would assist the court in effective and efficient case management;

  • (b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court; and

  • (c) establishing case management schedules.

• Marginal note:Compliance with directions

  (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).

• Marginal note:Summons or warrant

  (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.

• Marginal note:Provisions to apply

  (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

• Marginal note:Subsections 482(4) and (5) to apply

  (5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).

• (6) [Repealed, 2019, c. 25, s. 187]

PART XVSpecial Procedure and Powers

General Powers of Certain Officials

Marginal note: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.

Marginal note:Preserving order in court

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.

Marginal note:Procedural irregularities

• 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.

• Marginal note:When accused not appearing personally or in person

  (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally or in person, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally or in person apply.

• Marginal note:Summons or warrant

  (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.

• Marginal note: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.

• Marginal note:Adjournment and order

  (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.

• Marginal note:Part XVI to apply

  (5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).