Criminal Law in the Canadian Territories: Difference between revisions

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==Application of the Criminal Code to the Territories==

; Application to territories

8 (1) The provisions of this Act apply throughout Canada except

:(b) in the Northwest Territories, in so far as they are inconsistent with the ''Northwest Territories Act''; and

:(c) in Nunavut, in so far as they are inconsistent with the ''Nunavut Act''.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 8;  

{{LegHistory90s|1993, c. 28}}, s. 78;  

{{LegHistory00s|2002, c. 7}}, s. 138.

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{{seealso|Preliminary Inquiry}}

Section 536.1 parallels the function of s. 536.  

; Remand by justice — Nunavut

536.1 (1) If an accused is before a justice of the peace charged with an indictable offence mentioned in section 553 {{AnnSec5|553}}, the justice of the peace shall remand the accused to appear before a judge.

{{LegHistory10s|2019, c. 25}}, s. 240.

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; If charge should be prosecuted by indictment — Nunavut

555.1 (1) If in any criminal proceedings under this Part {{AnnSec|Part XIX}} an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

{{LegHistory10s|2019, c. 25}}, s. 253.

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==Provincial Court Trial==

; Provincial Court Judge’s Jurisdiction with Consent

; Trial by provincial court judge with consent

; Nunavut

(2) With respect to criminal proceedings in Nunavut, 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 judge of the Nunavut Court of Justice has absolute jurisdiction under section 553 {{AnnSec5|553}}, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

{{LegHistory00s|2002, c. 13}}, s. 31.

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==Election==

; Proceedings following re-election — Nunavut

562.1 (1) If the accused re-elects under subsection 561.1(1) {{AnnSec5|561.1(1)}} to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) {{AnnSec5|536.1(3)}}, or if the accused re-elects any other mode of trial under subsection 561.1(2) {{AnnSec5|561.1(2)}} but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3) {{AnnSec5|536.1(3)}}, the judge shall proceed with the trial or appoint a time and place for the trial.

{{LegHistory10s|2019, c. 25}}, s. 257.

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; Proceedings on re-election to be tried by judge without jury — Nunavut

563.1 (1) If an accused re-elects under section 561.1 {{AnnSec5|561.1}} to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) {{AnnSec5|536.1(3)}} or is not entitled to make such a request under that subsection,

{{LegHistory10s|2019, c. 25}}, s. 259.

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; Right to re-elect with consent — Nunavut

561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.

{{LegHistory10s|2019, c. 25}}, s. 255.

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==Proceedings==

; PART XIX.1 Nunavut Court of Justice

; Nunavut Court of Justice

{{LegHistory90s|1999, c. 3}}, s. 50.

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; Application for review — Nunavut

573.1 (1) An application for review may be made by the Attorney General or the accused, or by any person directly affected by the decision or order, to a judge of the Court of Appeal of Nunavut in respect of a decision or order of a judge of the ; Nunavut Court of Justice

{{LegHistory90s|1999, c. 3}}, s. 50.

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; Habeas corpus

573.2 (1) Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where

(3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).<br>

{{LegHistory90s|1999, c. 3}}, s. 50.

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; Indictment — Nunavut

566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 {{AnnSec5|553}} or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) {{AnnSec5|536.1(3)}} or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.

{{LegHistory00s|2002, c. 13}}, s. 42;

{{LegHistory10s|2019, c. 25}}, s. 261.

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; Mode of trial if two or more accused — Nunavut

567.1  (1) 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 of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

{{LegHistory00s|2002, c. 13}}, s. 43.

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==Trial==

; Attorney General may require trial by jury — Nunavut

569 (1) Even if an accused elects under section 536.1 {{AnnSec5|561.1}} or re-elects under section 561.1 {{AnnSec5|561.1}} or subsection 565(2) {{AnnSec5|565(2)}} to be tried by a judge without a jury, 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 has no jurisdiction to try the accused under this Part {{AnnSec|Part XIX}} and a preliminary inquiry must be held if requested under subsection 536.1(3) {{AnnSec5|536.1(3)}}, unless one has already been held or the re-election was made under subsection 565(2) {{AnnSec5|565(2)}}.

  {{LegHistory00s|2008, c. 18}}, s. 24.1.

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==Appeals==

; Appeals to Court of Appeal

; Appeal on question of law

; Nunavut

(1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) {{AnnSec8|812(2)}} or 829(2) {{AnnSec8|829(2)}}.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 839;  

R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 183;  

{{LegHistory90s|1999, c. 3}}, s. 57.

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; New trial under Part XIX — Nunavut

(5.01) If an appeal is taken in respect of proceedings under Part XIX {{AnnSec|Part XIX}} and the Court of Appeal of Nunavut orders a new trial under Part XXI {{AnnSec|Part XXI}}, the following provisions apply:

:(c) if the Court of Appeal of Nunavut orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and

:(d) despite paragraph (a), if the conviction against which the accused appealed was for an indictable offence mentioned in section 553 {{AnnSec5|553}}, the new trial shall be held before a judge acting under Part XIX {{AnnSec|Part XIX}}, other than the judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance.

; Election if new trial a jury trial — Nunavut

R.S., {{LegHistory80s|1985, c. C-46}}, s. 686;  

R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, ss. 145, 203;  

{{LegHistory10s|2019, c. 25}}, s. 282(E).

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==Youth Criminal Justice==

; Youth election

; Election — Nunavut

(3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if

(4) The youth justice court shall put the young person to his or her election in the following words:

:You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

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