Role of Court Administration

From Criminal Law Notebook


This page was last substantively updated or reviewed December 2022. (Rev. # 94274)

Court Records

Maintaining Records

Application of Parts XVI, XVIII, XX and XXIII

572 The provisions of Part XVI [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)], the provisions of Part XVIII [Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)] relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX [Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)] and XXIII [Pt. XXIII – Sentencing (ss. 716 to 751.1)], in so far as they are not inconsistent with this Part [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)], apply, with such modifications as the circumstances require, to proceedings under this Part [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)].
R.S., 1985, c. C-46, s. 572; R.S., 1985, c. 27 (1st Supp.), s. 203.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 572


Defined terms: "provincial court judge" (s. 2)

Under Part XX relating to jury trials:

Taking evidence

646 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII [Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)], other than subsections 540(7) to (9) [adducing hearsay and other credible and trustworthy evidence], relating to the taking of evidence at preliminary inquiries.
R.S., 1985, c. C-46, s. 646; 2002, c. 13, s. 59.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 646


Defined terms: "counsel" (s. 2)

Duty to Make a Record

Under Part XX of the Code, there is a duty upon the court to keep a record of every arraignment and all proceedings after the arraignment.

Record of Proceedings
How recorded

624 (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

Record of proceedings

(2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.
R.S., c. C-34, s. 552.

CCC (CanLII), (DOJ)


Note up: 624(1) and (2)


Endorsements on the Information

Where an election is made to supreme court, either judge alone or judge and jury, the court must endorse the information showing the "nature of the election" and whether anyone requested a preliminary inquiry.[1]

Where an election is made to provincial court before a provincial court judge, the court must endorse the information with that election.[2]

  1. s. 536(4.1)
  2. s. 536(3)


Validity of Orders

Validity of Forms (Part XXVIII)

Forms

849 (1) The forms set out in this Part [Pt. XXVIII – Miscellaneous (ss. 841 to 849)], varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.

Seal not required

(2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part [Pt. XXVIII – Miscellaneous (ss. 841 to 849)].

Official languages

(3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages.
2002, c. 13, s. 84.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 849(1), (2) and (3)

Section 849(3) requires that the text found in forms in Part XXVIII of the Code must be in both languages.

Failure to have the forms bilingual will not invalidate the court document and is merely a "formal defect" unless the form is used in New Brunswick, which requires bilingualism by statute.[1]

  1. R v Lavoie, 2014 NBPC 43 (CanLII) (working hyperlinks pending)