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 2022-07-25 and last amended on 2022-06-23. Previous Versions

PART XIVJurisdiction (continued)

Rules of Court (continued)

Marginal note:Power to make rules respecting case management

  •  (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 if the accused is represented by counsel; 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  • (6) [Repealed, 2019, c. 25, s. 187]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

 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.

  • R.S., 1985, c. C-46, s. 483
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Preserving order in court

 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.

  • R.S., 1985, c. C-46, s. 484
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Procedural irregularities

  •  (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

    (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, 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 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).

  • R.S., 1985, c. C-46, s. 485
  • R.S., 1985, c. 27 (1st Supp.), s. 67
  • 1992, c. 1, s. 60(F)
  • 1997, c. 18, s. 40
  • 2002, c. 13, s. 19
  • 2019, c. 25, s. 188

Marginal note:Recommencement where dismissal for want of prosecution

 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without

  • (a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or

  • (b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.

  • R.S., 1985, c. 27 (1st Supp.), s. 67

Marginal note:Exclusion of public

  •  (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.

  • Marginal note:Application

    (1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (2) In determining whether the order is in the interest of the proper administration of justice, the judge or justice shall consider

    • (a) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

    • (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;

    • (c) the ability of the witness to give a full and candid account of the acts complained of if the order were not made;

    • (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (e) the protection of justice system participants who are involved in the proceedings;

    • (f) whether effective alternatives to the making of the proposed order are available in the circumstances;

    • (g) the salutary and deleterious effects of the proposed order; and

    • (h) any other factor that the judge or justice considers relevant.

  • Marginal note:Reasons to be stated

    (3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

  • Marginal note:No adverse inference

    (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • R.S., 1985, c. C-46, s. 486
  • R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1
  • 1992, c. 1, s. 60(F), c. 21, s. 9
  • 1993, c. 45, s. 7
  • 1997, c. 16, s. 6
  • 1999, c. 25, s. 2(Preamble)
  • 2001, c. 32, s. 29, c. 41, ss. 16, 34, 133
  • 2002, c. 13, s. 20
  • 2005, c. 32, s. 15, c. 43, ss. 4, 8
  • 2010, c. 3, s. 4
  • 2012, c. 1, s. 28
  • 2014, c. 25, s. 21
  • 2015, c. 13, s. 13, c. 20, s. 21
  • 2019, c. 25, s. 189

Marginal note:Support person — witnesses under 18 or who have a disability

  •  (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

  • Marginal note:Other witnesses

    (2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

  • Marginal note:Application

    (2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (3) In determining whether to make an order under subsection (2), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness’ mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) the nature of any relationship between the witness and the accused;

    • (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (g) any other factor that the judge or justice considers relevant.

  • Marginal note:Witness not to be a support person

    (4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.

  • Marginal note:No communication while testifying

    (5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.

  • Marginal note:No adverse inference

    (6) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • 2005, c. 32, s. 15
  • 2015, c. 13, s. 14

Marginal note:Testimony outside court room — witnesses under 18 or who have a disability

  •  (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

  • Marginal note:Other witnesses

    (2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

  • Marginal note:Application

    (2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (3) In determining whether to make an order under subsection (2), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness’ mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) the nature of any relationship between the witness and the accused;

    • (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (f) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;

    • (f.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;

    • (g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (h) any other factor that the judge or justice considers relevant.

  • Marginal note:Same procedure for determination

    (4) If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.

  • Marginal note:Conditions of exclusion

    (5) A witness shall not testify outside the court room in accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

  • Marginal note:No adverse inference

    (6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (1) or (2).

  • 2005, c. 32, s. 15
  • 2014, c. 17, s. 12
  • 2015, c. 13, s. 15, c. 20, s. 38

Marginal note:Accused not to cross-examine witness under 18

  •  (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Accused not to cross-examine complainant  — certain offences

    (2) In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Other witnesses

    (3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Factors to be considered

    (4) In determining whether to make an order under subsection (3), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness’ mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (e) the nature of any relationship between the witness and the accused;

    • (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (g) any other factor that the judge or justice considers relevant.

  • Marginal note:Application

    (4.1) An application referred to in any of subsections (1) to (3) may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:No adverse inference

    (5) No adverse inference may be drawn from the fact that counsel is, or is not, appointed under this section.

  • 2005, c. 32, s. 15
  • 2015, c. 13, s. 16
 
Date modified: