Criminal Law in the Canadian Territories: Difference between revisions

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

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

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

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

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

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

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

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

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

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

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

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

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; 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 election

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; 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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