Ex Parte Trial Proceedings: Difference between revisions
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{{LevelZero}} | {{LevelZero}} | ||
{{HeaderTrials}} | {{HeaderTrials}} | ||
==General Principles== | ==General Principles== | ||
{{seealso|Trial Process}} | |||
; Organizations as Accused | ; Organizations as Accused | ||
{{ | {{quotation2| | ||
800<br>. | 800<br> | ||
{{removed|(1), (2) and (2.1)}} | |||
; Appearance by organization | ; Appearance by organization | ||
(3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. | (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. | ||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 800; 1997, c. 18, s. 111; {{LegHistory00s|2003, c. 21, s. 21}}. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 800; | ||
| | {{LegHistory90s|1997, c. 18}}, s. 111; | ||
{{LegHistory00s|2003, c. 21}}, s. 21; | |||
{{LegHistory10s|2019, c. 25}}, s. 317; | |||
{{LegHistory20s|2022, c. 17}}, s. 53. | |||
|{{CCCSec2|800}} | |||
|{{NoteUp|800|3}} | |||
}} | }} | ||
; Summary Conviction Accused | ; Summary Conviction Accused | ||
{{ | {{quotation2| | ||
803 (1) | 803 | ||
{{removed|(1)}} | |||
; Non-appearance of defendant | ; Non-appearance of defendant | ||
(2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court | (2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1) {{AnnSec8|803(1)}}, the summary conviction court | ||
:(a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or | :(a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or | ||
:(b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant. | :(b) may, if it thinks fit, issue a warrant in Form 7 {{AnnSec|Form 7}} for the arrest of that defendant and adjourn the trial to await their appearance under the warrant. | ||
(5) to (8) [Repealed, 1991, c. 43, s. 9] | {{removed|(3) and (4)}} | ||
(5) to (8) [Repealed, {{LegHistory90s|1991, c. 43}}, s. 9] | |||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 803; 1991, c. 43, s. 9; 1994, c. 44, s. 79; 1997, c. 18, s. 112; {{LegHistory00s|2008, c. 18, s. 45}} | R.S., {{LegHistory80s|1985, c. C-46}}, s. 803; | ||
| | {{LegHistory90s|1991, c. 43}}, s. 9; | ||
{{LegHistory90s|1994, c. 44}}, s. 79; | |||
{{LegHistory90s|1997, c. 18}}, s. 112; | |||
{{LegHistory00s|2008, c. 18}}, s. 45. | |||
{{Annotation}} | |||
|{{CCCSec2|803}} | |||
|{{NoteUp|803|2}} | |||
}} | }} | ||
===Extra-Jurisdictional Offences=== | ===Extra-Jurisdictional Offences=== | ||
{{ | {{quotation2| | ||
607 (1) | 607<br> | ||
{{removed|(1), (2), (3), (4) and (5)}} | |||
; Exception — foreign trials in absentia | ; Exception — foreign trials in absentia | ||
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if | (6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) {{AnnSec0|7(2) to (3.1)}} or (3.7) {{AnnSec0|7(3.7)}}, or an offence under the ''Crimes Against Humanity and War Crimes Act'', and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if | ||
:(a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and | :(a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and | ||
:(b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission, | :(b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission, | ||
notwithstanding that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission. | notwithstanding that the person is deemed by virtue of subsection 7(6) {{AnnSec0|7(6)}}, or subsection 12(1) of the ''Crimes Against Humanity and War Crimes Act'', as the case may be, to have been tried and convicted in Canada in respect of the act or omission. | ||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 607; R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 10; 2000, c. 24, s. 45; 2013, c. 13, s. 9; {{LegHistory10s|2018, c. 11, s. 29}} | R.S., {{LegHistory80s|1985, c. C-46}}, s. 607; | ||
| | R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); | ||
{{LegHistory90s|1992, c. 1}}, s. 60(F); | |||
{{LegHistory90s|1995, c. 22}}, s. 10; | |||
{{LegHistory00s|2000, c. 24}}, s. 45; | |||
{{LegHistory10s|2013, c. 13}}, s. 9; | |||
{{LegHistory10s|2018, c. 11}}, s. 29. | |||
{{Annotation}} | |||
|{{CCCSec2|607}} | |||
|{{NoteUp|607|6}} | |||
}} | }} | ||
Latest revision as of 14:23, 14 July 2024
| This page was last substantively updated or reviewed January 2019. (Rev. # 95324) |
General Principles
- Organizations as Accused
800
[omitted (1), (2) and (2.1)]
- Appearance by organization
(3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.
R.S., 1985, c. C-46, s. 800; 1997, c. 18, s. 111; 2003, c. 21, s. 21; 2019, c. 25, s. 317; 2022, c. 17, s. 53.
- Summary Conviction Accused
803 [omitted (1)]
- Non-appearance of defendant
(2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1) [summary offences – right to adjourn matters], the summary conviction court
- (a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or
- (b) may, if it thinks fit, issue a warrant in Form 7 [forms] for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.
[omitted (3) and (4)]
(5) to (8) [Repealed, 1991, c. 43, s. 9]
R.S., 1985, c. C-46, s. 803; 1991, c. 43, s. 9; 1994, c. 44, s. 79; 1997, c. 18, s. 112; 2008, c. 18, s. 45.
[annotation(s) added]
Extra-Jurisdictional Offences
607
[omitted (1), (2), (3), (4) and (5)]
- Exception — foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) [select extra-territorial offences] or (3.7) [extraterritorial offences re torture], or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
- (a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and
- (b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,
notwithstanding that the person is deemed by virtue of subsection 7(6) , or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.
R.S., 1985, c. C-46, s. 607; R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 10; 2000, c. 24, s. 45; 2013, c. 13, s. 9; 2018, c. 11, s. 29.
[annotation(s) added]