View source for Absolute and Exclusive Jurisdiction Offences

[[fr:Infractions relevant d'une compétence absolue et exclusive]]
{{Currency2|January|2020}}
{{HeaderElection}}
==General Principles==
Under [http://www.canlii.ca/t/7vf2#sec553 s. 553], the Provincial Court has jurisdiction that is "absolute and does not depend on the consent of the accused where the accused is charged in an information" with several classes of offences. These are classified as "absolute jurisdiction" offences.<ref>
See also s. 536 which requires the judge to "remand" the accused to appear before a judge in the territorial jurisdiction of the offence</ref>

{| class="wikitable"
|-
! Absolute Jurisdiction (s. 553) !! Exclusive Jurisdiction (s. 469)
|-
| 
* [[Theft (Offence)|"theft, other than theft of cattle" (where value =< $5,000)]] [s.553(a)(i)]
* [[Obtaining Property by False Pretences (Offence)|"obtaining money or property by false pretences", (where value =< $5,000)]] [s.553(a)(ii)]
* [[Possession of Stolen Property (Offence)|"possess stolen property" (value =< $5,000)]] [s.553(a)(iii)]
* [[Fraud (Offence)|Fraud (value =< $5,000)]] [s.553(a)(iv)]
* [[Mischief (Offence)|"mischief under subsection 430(4)"]] (value =< $5,000) [s.553(a)(v)]
* [[Gambling Offences (Offence)|Gaming and betting-related offences]] (s. 201 - 210) [s.553(c)(i-v)]
* [[Miscellaneous Fraudulent Offences|"fraud in relation to fares" under s 393]] [s.553(c)(viii)]
* [[Breach of SOIRA Orders (Offence)|Breach of SOIRA Order under s. 490.031 or 490.0311]] [s.553(c)(viii.01 to viii.02)]
* [[Breach of Undertaking, Recognizance, or Probation (Offence)|"failure to comply with probation order" under s. 733.1]] [s.553(c)(viii.1)]
* [[Breach of Undertaking, Recognizance, or Probation (Offence)|"breach of recognizance" under s. 811]] [s.553(c)(ix)]
* [[Drug Possession (Offence)|Possession of a Schedule II Drug under s. 4(4)(a) of the CDSA]] [s.553(c)(x)]
* "counselling or with a conspiracy or attempt to commit or with being an accessory after the fact" of the above offences [s.553(b)]
||
* "treason" under s. 47 (469(a)(i))
* "intimidating Parliament or a legislature" under s. 51 (469(a)(iii))
* "inciting to mutiny" under s. 53 (469(a)(iv))
* "seditious offences" under s. 61 (469(a)(v))
* "piracy" under s. 74 (469(a)(vi)) and "piratical acts" under s. 75 (469(a)(vii))
* attempts of any of the above listed (469(d))
* [[Homicide (Offence)|murder under s. 235]] (469(a)(viii)) and [[Conspiracy (Offence)|conspiracy to commit murder]]
* offences under any of sections 4 to 7 of the ''Crimes Against Humanity and War Crimes Act'' (469(c.1);
* the offence of being an accessory after the fact to high treason or treason or murder;
* [[Bribery (Offence)|bribery by a holder of a judicial office]] under s. 119 (469(c))
|}


{{reflist|2}}
==Absolute Jurisdiction==
Section 553 states:
{{quotation3|
; Absolute jurisdiction
553 The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information
:(a) with
::(i) theft, other than theft of cattle {{AnnSec3|334(b)}},
::(ii) obtaining money or property by false pretences {{AnnSec3|362}},
::(iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment {{AnnSec3|354(1)}},
::(iv) having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security {{AnnSec3|380(1)}}, or
::(v) mischief under subsection 430(4) {{AnnSec4|430(4)}},
:where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars;
:(b) with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of
::(i) any offence referred to in paragraph (a) in respect of the subject-matter and value thereof referred to in that paragraph, or
::(ii) any offence referred to in paragraph (c); or
:(c) with an offence under
::(i) section 201 ([[Gambling Offences (Offence)|keeping gaming or betting house]]),
::(ii) section 202 ([[Gambling Offences (Offence)|betting, pool-selling, book-making, etc.]]),
::(iii) section 203 ([[Gambling Offences (Offence)|placing bets]]),
::(iv) section 206 ([[Gambling Offences (Offence)|lotteries and games of chance]]),
::(v) section 209 ([[Gambling Offences (Offence)|cheating at play]]),
::(vi) [Repealed, {{LegHistory10s|2019, c. 25}}, s. 251.1]
::(vii) [Repealed, {{LegHistory00s|2000, c. 25}}, s. 4]
::(viii) section 393 ([[Miscellaneous Fraudulent Offences|fraud in relation to fares]]),
::(viii.01) section 490.031 ([[Breach of SOIRA Orders (Offence)|failure to comply with order or obligation]]),
::(viii.02) section 490.0311 ([[Breach of SOIRA Orders (Offence)|providing false or misleading information]]),
::(viii.1) section 811 ([[Breach of Undertaking, Release Order or Probation Order (Offence)|breach of recognizance]]),
::(ix) subsection 733.1(1) ([[Breach of Undertaking, Recognizance, or Probation (Offence)|failure to comply with probation order]]), or
::(x) paragraph 4(4)(a) of the ''Controlled Drugs and Substances Act'' [possession of Schedule II (cannaboids) controlled substance, indictable election].
::(xi) [Repealed, {{LegHistory10s|2018, c. 16}}, s. 219]

R.S., {{LegHistory80s|1985, c. C-46}}, s. 553; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 104; 
{{LegHistory90s|1992, c. 1}}, s. 58; 
{{LegHistory90s|1994, c. 44}}, s. 57; 
{{LegHistory90s|1995, c. 22}}, s. 2; 
{{LegHistory90s|1996, c. 19}}, s. 72; 
{{LegHistory90s|1997, c. 18}}, s. 66; 
{{LegHistory90s|1999, c. 3}}, s. 37; 
{{LegHistory00s|2000, c. 25}}, s. 4; 
{{LegHistory10s|2010, c. 17}}, s. 25; 
{{LegHistory10s|2012, c. 1}}, s. 33; 
{{LegHistory10s|2018, c. 16}}, s. 219;
{{LegHistory10s|2019, c. 25}}, s. 251.1.
{{Annotation}}
|{{CCCSec2|553}}
|{{NoteUp|553}}
|{{terms-
|"cattle" (s. 2)
|"property" (s. 2)
|"provincial court judge" (s. 2)
}}
}}

==Exclusive Jurisdiction ==
{{seealso|Release on Section 469 Offences}}
Under [[Types_of_Offences#Section_469_Offences|section 469]], courts of criminal jurisdiction, being provincial courts, have jurisdiction over all indictable offences except for those listed in the section. These are commonly referred to as "exclusive jurisdiction" offences and cannot be tried at provincial court. While under [{{CCCSec|553}} section 553], only provincial courts have jurisdiction to try these offences unless they are accompanied by a different offence of greater jurisdiction.

All indictable offences offence are presumptive judge and jury election.<ref>
see s. 471
</ref> 
However, "exclusive jurisdiction" offences are those which can only be re-elected to superior court Judge-alone under s. 473, requiring the consent of both parties. 

{{reflist|2}}

===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}}