View source for Defence Election

{{LevelZero}}{{HeaderElection}}
==General Principles==
{{seealso|Crown Election}}
Where an accused is charged with an indictable offence, or a hybrid offence which was elected to proceed by indictment, the accused has the right to chose (or "elect") the mode of trial under s. 536(2), unless the Code specifies otherwise.<ref>
The right of election is not available for indictable offences that are either "absolute jurisdiction" offences or "exclusive jurisdiction offences". See below for details
</ref>

Where the offence has a maximum penalty of less than 14 years, the defence election consists of the following:
# trial by a provincial court judge;
# trial by a superior court judge with a judge alone, ''without'' a preliminary inquiry
# trial by a superior court judge with a judge and jury, ''without'' a preliminary inquiry

Where the offence has a maximum penalty of 14 years or life, the defence election consists of the following:
# trial by a provincial court judge;
# trial by a superior court judge with a judge alone, ''without'' a preliminary inquiry
# trial by a superior court judge with a judge and jury, ''without'' a preliminary inquiry
# trial by a superior court judge with a judge and jury, with a preliminary inquiry
# trial by a superior court judge with a judge alone, with a preliminary inquiry

Section 554(1) authorizes a provincial court judge to have jurisdiction to try indictable matters (other than offences listed in 469 or 553) only where the accused elects to be tried by a provincial court judge. That section states:
{{quotation2|
; Trial by provincial court judge with consent
554 (1) Subject to subsection (2) {{AnnSec5|554(2)}}, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 {{AnnSec4|469}}, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553 {{AnnSec5|553}}, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge.
<br>
{{removed|(2)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 554; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, ss. 105, 203;
{{LegHistory90s|1999, c. 3}}, s. 38; 
{{LegHistory00s|2002, c. 13}}, s. 31.
{{Annotation}}
|{{CCCSec2|554}}
|{{NoteUp|554|1}}
}}

; Presumption
Under s. 471, a person charged with an indictable offence is presumed to be tried by a judge and jury unless they consent to otherwise
{{quotation2|
; Trial by jury compulsory
471 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
|{{CCCSec2|471}}
|{{NoteUp|471}}
}}
; Election to the entire information
The election chosen by defence must be applied to the entire information, not divided between counts.<ref>
{{CanLIIRP|Anderson|gd708|1971 CanLII 1304 (BC SC)|3 WWR 200}}{{perBCSC|Macfarlane J}}<br>
</ref>

{{reflist|2}}

==Procedure==
An election to provincial court under s. 536(3) requires that the judge endorse the information showing the election and direct the matter before a provincial court judge for the purpose of taking a plea:
{{quotation2|
536<br>
{{removed|(1), (2) and (2.1)}}
; Procedure where accused elects trial by provincial court judge
(3) Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall
:(a) where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or
:(b) where the justice is a provincial court judge, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.
<br>
{{removed|(4), (4.1), (4.11), (4.12), (4.2), (4.3) and (5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96; 
{{LegHistory00s|2002, c. 13}}, s. 25; 
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.
|{{CCCSec2|536}}
|{{NoteUp|536|3}}
}}

A failure to take an election from the accused does not lose jurisdiction of the court.<ref>
{{CanLIIRP|Geszthelyi|gb88x|1977 CanLII 1921 (BC CA)|33 CCC (2d) 543 (BCCA)}}{{perBCCA|Seaton J}}
</ref>

; No Judge Seized
Once an election has been made, the provincial court level judge does not get seized with either the trial or the preliminary inquiry.<ref>
{{CanLIIRP|Danchella|22kjk|1985 CanLII 639 (BC CA)|33 CCC (2d) 543)}}{{perBCCA|Craig JA}}
</ref>

; Waiver of Procedure
When electing the mode of trial, the accused or his counsel may waive formal compliance to the procedural requirements found in s. 536(2). To be valid, the waiver must be "clear, unequivocal, and informed."<ref>
{{CanLIIRP|George|grx2d|2016 BCCA 229 (CanLII)|33 CCC (2d) 543 (BCCA)}}{{perBCCA|Lowry JA}}{{atL|grx2d|4}}<br>
{{CanLIIRPC|Korponay v Canada (Attorney General)|1lpbj|1982 CanLII 12 (SCC)|[1982] 1 SCR 41}}{{perSCC|Lamer J}}<br>
{{CanLIIRP|Mitchell|6h2k|1997 CanLII 6321 (ON CA)|121 CCC (3d) 139}}{{perONCA-H|Doherty JA}}<br>
{{CanLIIRP|Vuong|2dk68|2010 ONCA 798 (CanLII)|264 CCC (3d) 39}}{{perONCA|Sharpe JA}}<br>
 </ref>

{{reflist|2}}
===Two or More Accused===
Conflicting elections may arise where there is two or more accused. Section 567 addresses this issue, stating:
{{quotation2|
; Mode of trial when two or more accused
567 Despite any other provision of this Part {{AnnSec|Part XIX}}, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 567; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 111; 
{{LegHistory00s|2002, c. 13}}, s. 43.
{{Annotation}}
|{{CCCSec2|567}}
|{{NoteUp|567}}
}}
This section provides the discretionary power to ignore the conflicting elections and record a judge and jury election for all parties.

Upon receiving conflicting elections, a provincial court judge may ''not'' hold a trial simultaneously with a preliminary inquiry.<ref>
{{CanLIIRx|Christie|70wv|2003 CanLII 24397 (ON SC)}}{{perONSC|Dambrot J}} {{atL|70wv|20}}
</ref>

; Election for Preliminary Inquiry
{{quotation2|
536<br>
{{removed|(1), (2), (2.1), (3), (4), (4.1), (4.11) and (4.12)}}
; Preliminary inquiry if two or more accused
(4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4) {{AnnSec5|536(4)}}, a preliminary inquiry must be held with respect to all of them.
<br>
{{removed|(4.3) and (5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96; 
{{LegHistory00s|2002, c. 13}}, s. 25; 
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.
{{Annotation}}
|{{CCCSec2|536}}
|{{NoteUp|536|4.2}}
}}
{{reflist|2}}

===Endorsement for Section 469 Offences===
{{quotation2|
536<br>
{{removed|(1), (2), (2.1), (3), (4) and (4.1)}}
; Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment
(4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
<br>
{{removed|(4.12), (4.2), (4.3) and (5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96; 
{{LegHistory00s|2002, c. 13}}, s. 25; 
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.

|{{CCCSec2|536}}
|{{NoteUp|536|4.11}}
}}

===Endorsement for Mixed Prelim Offences===
{{quotation2|
536<br>
{{removed|(1), (2), (2.1), (3), (4), (4.1) and (4.11)}}
; Endorsement on the information — accused referred to in subsection (2.1)
(4.12) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) {{AnnSec5|565(1)(a)}} to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
<br>
{{removed|(4.2), (4.3) and (5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96; 
{{LegHistory00s|2002, c. 13}}, s. 25; 
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.

|{{CCCSec2|536}}
|{{NoteUp|536|4.12}}
}}

===Election Address===
The Court is required to read the "election address" unless it is waived by the accused. The address is set out in s. 536:

{{quotation2|
s. 536<br>
{{removed|(1)}}
; Election before justice — 14 years or more of imprisonment
(2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469 {{AnnSec4|469}}, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
:You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
<br>
; Election before justice — other indictable offences
(2.1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 {{AnnSec5|553}}—, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
:You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
<br>
{{removed|(3), (4), (4.1), (4.11), (4.12), (4.2), (4.3) and (5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96; 
{{LegHistory00s|2002, c. 13}}, s. 25; 
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.
{{Annotation}}
|{{CCCSec2|536}}
|{{NoteUp|536|2|2.1}}
}}

; Waiver of Address
The duty to read the election address under s. 536(2) can be waived by the accused, either by himself or by counsel.<ref> 
{{CanLIIRP|Mitchell|6h2k|1997 CanLII 6321 (ON CA)|121 CCC (3d) 139}}{{perONCA-H|Doherty JA}}{{atL|6h2k|30}} (“An accused may personally, or through counsel, waive compliance with a procedure like s.536(2) which has been enacted for the protection of the accused") 
</ref>

The address can be waived expressly or by implication.<ref>
{{CanLIIRx|Carver|fwdtp|2013 ABPC 51 (CanLII)}}{{perABPC|Rosborough J}}{{atL|fwdtp|12}}<br>
</ref>
Instructions to "set the matter down for trial" when it is before the provincial court can be sufficient to amount to a waiver of the address and a choice of provincial court.<ref>
see {{CanLIIRP|Wunderlich|g65j4|2014 ABCA 94 (CanLII)|572 AR 174}}{{TheCourtABCA}} (2:1)
</ref>

; Procedural Errors
Some cases suggest that any irregularities in the reading of the election causes a jurisdictional error that cannot be cured.<ref>
See {{CanLIIRP|Leske|gbxmt|1967 CanLII 681 (AB CA)|[1968] 1 CCC 347, 60 WWR 760 (Alta SC AD)}}{{perABCA|Cairns JA}}<br>
also referenced in {{CanLIIRP|Lamoureux|fwftz|2013 ABCA 85 (CanLII)|542 AR 386}}{{TheCourtABCA}} - comments that this is not applicable anymore since the addition of the curative proviso in s. 686<br>
See also {{CanLIIRP|Trites|2fcfp|2011 NBCA 5 (CanLII)|268 CCC (3d) 206}}{{perNBCA|Richard JA}}{{atL|2fcfp|41}}<br>
{{CanLIIRP|Sewell|57ss|2003 SKCA 52 (CanLII)|175 CCC (3d) 242}}{{perSKCA|Bayda CJ}} {{atL|57ss|62}}
</ref>
Others suggest that such errors are curable under the curative proviso under s. 686(1)(b) where there is no prejudice to the accused.<ref>
See {{supra1|Lamoureux}}<br>
{{CanLIIRP|Joinson|22km7|1986 CanLII 1195 (BC CA)|32 CCC (3d) 542}}{{perBCCA|MacFarlane JA}} <br> 
{{CanLIIRP|Cloutier|1p785|1988 CanLII 199 (ON CA)|43 CCC (3d) 35}}{{perONCA|Goodman JA}}
</ref>

There suggestion that where the election was not properly entered would require either an appeal or a mistrial.<ref>
see comments {{supra1|Wunderlich}}{{atL|g65j4|13}}<br>
</ref>

{{reflist|2}}

===Judge-Alone Election===
{{quotation2|
; Judge’s Jurisdiction with Consent
; Trial by judge without a jury
558 If an accused who is charged with an indictable offence, other than an offence mentioned in section 469 {{AnnSec4|469}}, elects under section 536 {{AnnSec5|536}} or 536.1 {{AnnSec5|536.1}} or re-elects under section 561 {{AnnSec5|561}} or 561.1 {{AnnSec5|561.1}} to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 558; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 108; 
{{LegHistory90s|1999, c. 3}}, s. 41. 
{{Annotation}}
|{{CCCSec2|558}}
|{{NoteUp|558}}
}}

{{quotation2|
; Duty of judge
560 (1) If an accused elects, under section 536 {{AnnSec5|536}} or 536.1 {{AnnSec5|536.1}}, to be tried by a judge without a jury, a judge having jurisdiction shall
:(a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or
:(b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,
fix a time and place for the trial of the accused.
<br>
; Notice by sheriff, when given
(2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) {{AnnSec5|560(1)(a)}} within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.
<br>
; Duty of sheriff when date set for trial
(3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused
:(a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and
:(b) shall be produced at the time and place so fixed.
; Duty of accused when not in custody
(4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1) {{AnnSec5|560(1)}}, is on the accused, and he shall attend for his trial at the time and place so fixed.
<br>
(5) [Repealed, R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 109]
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 560; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, ss. 101(E), 109; 
{{LegHistory90s|1999, c. 3}}, s. 42; 
{{LegHistory00s|2002, c. 13}}, s. 36.
{{Annotation}}
|{{CCCSec2|560}}
|{{NoteUp|560|1|2|3|4}}
}}

===Election Without Requesting Preliminary Inquiry===
{{quotation2|
536<br>
{{removed|(1), (2), (2.1), (3), (4), (4.1), (4.11), (4.12) and (4.2)}}    
; When no request for preliminary inquiry
(4.3) If no request for a preliminary inquiry is made under subsection (4) {{AnnSec5|536(4)}}, the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.<br>
{{removed|(5)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96;
{{LegHistory00s|2002, c. 13}}, s. 25;
{{LegHistory00s|2004, c. 12}}, s. 9;
2019, c. 25, s. 239.
{{Annotation}}
|{{CCCSec2|536}}
|{{NoteUp|536}}
}}

===Deeming an Electing===
{{seealso|Direct Indictments}}
A party who by action or inaction refuses to make a choice of election the court may "deem" an election by entering an election on the accused's behalf under s. 565 for a judge and jury trial with a preliminary inquiry. 

Section 565 states:

{{quotation2|
; Election deemed to have been made
565 (1) If an accused is ordered to stand trial for an offence that, under this Part {{AnnSec|Part XIX}}, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part {{AnnSec|Part XIX}} relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
:(a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 {{AnnSec5|567}} or subsection 567.1(1) {{AnnSec5|567.1(1)}}; or
:(b) the accused does not elect when put to an election under section 536 {{AnnSec5|536}} or 536.1 {{AnnSec5|536.1}}.

(1.1) [Repealed, {{LegHistory10s|2019, c. 25}}, s. 260]

{{Removed|(2) {{AnnSec5|565(2)}} and (3) {{AnnSec5|565(3)}}}}
; Application
(4) Subsections 561(6) {{AnnSec5|561(6)}} and (7) {{AnnSec5|561(7)}}, or subsections 561.1(8) {{AnnSec5|561.1(8)}} and (9) {{AnnSec5|561.1(9)}}, as the case may be, apply to a re-election made under subsection (3) {{AnnSec5|565(3)}}.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 565; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 111; 
{{LegHistory90s|1999, c. 3}}, s. 46; 
{{LegHistory00s|2002, c. 13}}, s. 41;
{{LegHistory00s|2008, c. 18}}, s. 23;
{{LegHistory10s|2019, c. 25}}, s. 260.
{{annotation}}
|{{CCCSec2|565}}
|{{NoteUp|565|1|4}}
}} 

A judge may deem an election even where full disclosure is not complete.<ref> 
{{CanLIIRP|Jonsson|4t9c|2001 SKCA 53 (CanLII)|154 CCC (3d) 474}}{{perSKCA|Lane JA}} - court overturns quashing of a deemed election. QB quashed order as disclosure was not complete.
</ref>

{{reflist|2}}

===Recording Supreme Court Election===
{{quotation2|
536<br>
{{removed|(1), (2), (2.1), (3) and (4)}} 
; Endorsement on the information — accused referred to in subsection (2)
(4.1) If an accused referred to in subsection (2) {{AnnSec5|536(2)}} elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) {{AnnSec5|565(1)(a)}} to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
:(a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
:(b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

{{removed|(4.11), (4.12), (4.2), (4.3) and (5)}} 
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96;
{{LegHistory00s|2002, c. 13}}, s. 25;
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.
{{Annotation}}
|{{CCCSec2|536}}
|{{NoteUp|536|4.1}}
}}

==Young Accused Persons==
* [[Defence Election for Young Accused]]

==Attorney General Override==
{{seealso|Defence Election for Young Accused}}
Section 568 provides for a rarely used power of the attorney general to override any Defence election that is not for trial by judge and jury and require that the trial be held before a jury.

{{quotation2|
; Attorney General may require trial by jury
568 Even if an accused elects under section 536 {{AnnSec5|536}} or re-elects under section 561 {{AnnSec5|561}} or subsection 565(2) {{AnnSec5|565(2)}} to be tried by a judge or provincial court judge, as the case may be, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part {{AnnSec|Part XIX}} and a preliminary inquiry must be held if requested under subsection 536(4) {{AnnSec5|536(4)}}, unless one has already been held or the re-election was made under subsection 565(2) {{AnnSec5|565(2)}}.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 568; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 111; 
{{LegHistory00s|2002, c. 13}}, s. 43; 
{{LegHistory00s|2008, c. 18}}, s. 24.
{{Annotation}}
|{{CCCSec2|568}}
|{{NoteUp|568}}
}}

This authority under s. 568 to force a judge and jury election can likely still be exercised even where the Crown had previously consented to a re-election.<ref>
{{CanLIIRP|Pontbriand|gwhc2|1978 CanLII 2180 (QC CS)|39 CCC (2d) 145 (QCSC)}}{{perQCCS|Hugessen ACJ}}{{atL|gwhc2|7}} ("It was suggested that the Crown, having once consented under s. 492(5) to a re-election by the accused, is precluded from exercising the rights given to it under s. 498 to require a trial before judge and jury. This argument cannot stand in the light of the text of s. 498, which gives the right to the Attorney General to require a jury trial...") -- however this case concerned a previous version of s. 568 with different wording</ref>

The discretionary exercise of section 568, forcing the accused to have a jury trial can potentially result in an abuse of process.<ref>
{{CanLIIRP|Vittorio (Vic) De Zen et al|28216|2010 ONSC 974 (CanLII)|251 CCC (3d) 547}}{{perONSC|MF Brown J}}<br>
[[Abuse of Process]]
</ref>

{{reflist|2}}

==Absolute and Exclusive Jurisdiction Offences==
* [[Absolute and Exclusive Jurisdiction Offences]] 

===Judge Trials on Absolute Jurisdiction Offences===
{{quotation2|
; Remand by justice to provincial court judge in certain cases
536 (1) Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under section 553 {{AnnSec5|553}}, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed.<br>
{{removed|(2), (2.1), (3), (4), (4.1), (4.11), (4.12), (4.2), (4.3) and (5)}} 
R.S., {{LegHistory80s|1985, c. C-46}}, s. 536;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 96;
{{LegHistory00s|2002, c. 13}}, s. 25;
{{LegHistory00s|2004, c. 12}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 239.
{{Annotation}}
|{{CCCSec2|536}}
|{{NoteUp|536|1}}
}}

===Judge-alone Trials on Exclusive Jurisdiction Offences===

Section 473 permits an accused who is charged with a 469 exclusive jurisdiction offence to elect to be tried by a superior judge sitting without a jury.

{{quotation2|
; Trial without jury
473 (1) Notwithstanding anything in this Act, an accused charged with an offence listed in section 469 {{AnnSec4|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.
<br>
; Joinder of other offences
(1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1) {{AnnSec4|473(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 {{AnnSec4|469}}.
<br>
; 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) {{AnnSec4|473(1)}}, that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 473;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 63; 
{{LegHistory90s|1994, c. 44}}, s. 30.
{{Annotation}}
|{{CCCSec2|473}}
|{{NoteUp|473|1|1.1|2}}
}}

{{reflist|2}}

==Re-Election==
* [[Defence Re-Election]]

==See Also==
* [[Crown Election]]
* [[Direct Indictments]]