Template:AnnSec5: Difference between revisions
No edit summary |
No edit summary |
||
(74 intermediate revisions by the same user not shown) | |||
Line 1: | Line 1: | ||
{{#switch: {{{1}}} | <span style="color:#626567">{{#switch: {{{1}}} | ||
| 500 = [''contents of appearance Notice''] | | 500 = [''[[Compelling_Attendance_by_Accused_Without_Arrest#Contents_of_Appearance_Notice|contents of appearance Notice]]''] | ||
| 501 = [''contents of undertaking''] | | 500A = [''contents of appearance Notice{{SAME}}''] | ||
| 501(3) = [''undertaking – additional conditions''] | | 501 = [''[[Release_by_Police_on_Undertaking#Contents_and_Conditions_of_Undertaking|contents of undertaking]]''] | ||
| 502 = [''variation of undertaking''] | | 501A = [''contents of undertaking{{SAME}}''] | ||
| 501(3) = [''[[Release by Police on Undertaking#Contents_and_Conditions_of_Undertaking|undertaking – additional conditions]]''] | |||
| 501(3)A = [''undertaking – additional conditions{{SAME}}''] | |||
| 502 = [''[[Release_by_Police_on_Undertaking#Varying_Conditions_on_Consent|variation of undertaking]]''] | |||
| 502A = [''variation of undertaking{{SAME}}''] | |||
| 502(1.1) = [''re-evaluation of detention''] | | 502(1.1) = [''re-evaluation of detention''] | ||
| 503 = [''taking person before justice after arrest''] | | 503 = [''[[Duty to Deliver Detainee to a Justice Without Unreasonable Delay|taking person before justice after arrest]]''] | ||
| 503A = [''taking person before justice after arrest{{SAME}}''] | |||
| 503(1)L = [''[[Detention With Charges Outstanding#Taking an Accused Before a Justice|duty to take a detainee before a justice]]''] | | 503(1)L = [''[[Detention With Charges Outstanding#Taking an Accused Before a Justice|duty to take a detainee before a justice]]''] | ||
| 503(1) = [''duty to take a detainee before a justice''] | | 503(1) = [''duty to take a detainee before a justice''] | ||
| 503(1)(a) or (b) = [''bring detainee to justice within or outside of 24 hours''] | | 503(1)(a) or (b) = [''bring detainee to justice within or outside of 24 hours''] | ||
| 503(1.1) = ['' | | 503(1)(a) = [''bring detainee to justice – if justice available''] | ||
| 503(1.1)(b) = [''re-evaluation of detention''] | | 503(1)(b) = [''bring detainee to justice – if justice not available''] | ||
| 503(1.1) = [''continued re-evaluation of 24 hour detention''] | |||
| 503(1.1)(b) = [''continued re-evaluation of 24 hour detention – release on undertaking''] | |||
| 503(2) = [''person delivered or in custody''] | | 503(2) = [''person delivered or in custody''] | ||
| 503(3) = [''remand in custody for return to jurisdiction where offence alleged to have been committed''] | | 503(3) = [''[[Release_by_Police_on_Undertaking#Exception_on_Out_of_Territory_Offences|remand in custody for return to jurisdiction where offence alleged to have been committed]]''] | ||
| 503(3)(b) = ['' | | 503(3)(b) = [''[[Release_by_Police_on_Undertaking#Exception_on_Out_of_Territory_OffencesRemand in custody for return to jurisdiction where offence alleged to have been committed – where grounds of arrest exist are shown]]''] | ||
| 503(3.1) = [''release by consent''] | | 503(3.1) = [''release by consent''] | ||
| 503(4) = [''release of person about to commit indictable offence''] | | 503(4) = [''[[Release_by_Police_on_Undertaking#Release_Persons_About_to_Commit_Indictable_Offence|release of person about to commit indictable offence]]''] | ||
| 503(5) = [''consequence of non-release''] | | 503(5) = [''consequence of non-release''] | ||
| 504 = [''receiving an information''] | | 504 = [''[[Laying_of_an_Information#Laying_an_Information_Under_s._504|receiving an information]]''] | ||
| 504 to 508 = ['' | | 504A = [''receiving an information{{SAME}}''] | ||
| 505 = [''time within which information to be laid in certain cases''] | | 504 to 508 = [''provisions relating to laying informations''] | ||
| 507 = ['' | | 505 = [''[[Release_by_Police_on_Undertaking#Timing_of_Release_(%22As_soon_as_practicable%22)|time within which information to be laid in certain cases]]''] | ||
| 507(1) = [''justice to hear informant and witnesses — public prosecutions''] | | 505A = [''time within which information to be laid in certain cases{{SAME}}''] | ||
| 507(2) to (8) = ['' | | 507 = [''process on justice receiving an information''] | ||
| 507(4) = [''summons to be issued except in certain cases''] | | 507(1) = [''[[Issuing_Process#Issuing_Process_Under_s._507_(Charge_First)|justice to hear informant and witnesses — public prosecutions]]''] | ||
| 507(6) = [''endorsement of warrant by justice''] | | 507(1)A = [''justice to hear informant and witnesses — public prosecutions''] | ||
| 507.1(1) = [''private prosecution – referral of information''] | | 507(2) to (8) = [''procedure for justice receiving an information''] | ||
| 507.1(1) to (8) = ['' | | 507(4) = [''[[Issuing_Process#Section_507(4)_Public_Interest_Warrant_or_Summons|summons to be issued except in certain cases]]''] | ||
| 507(4)A = [''summons to be issued except in certain cases{{SAME}}''] | |||
| 507(6) = [''[[Issuing_Process#Section_507(4)_Public_Interest_Warrant_or_Summons|endorsement of warrant by justice]]''] | |||
| 507(6)A = [''endorsement of warrant by justice{{SAME}}''] | |||
| 507.1(1) = [''[[Private_Prosecutions#Compelling Attendance and Issuing Process|private prosecution – referral of information]]''] | |||
| 507.1(1)A = [''private prosecution – referral of information{{SAME}}''] | |||
| 507.1(1) to (8) = [''private prosecution – procedure on referral of information''] | |||
| 507.1(2) = [''private prosecution – summons or warrant''] | | 507.1(2) = [''private prosecution – summons or warrant''] | ||
| 507.1(3)(a) = [''issue summons or warrant – considered allegation evidence''] | | 507.1(3)(a) = [''issue summons or warrant – considered allegation evidence''] | ||
| 507.1(5) = [''private prosecution – 6 month limitation to commence proceedings''] | | 507.1(5) = [''private prosecution – 6 month limitation to commence proceedings''] | ||
| 508 = [''justice to hear informant and witnesses''] | | 508 = [''[[Issuing Process|justice to hear informant and witnesses]]''] | ||
| 508(1) = [''justice obligation on receiving an information''] | | 508A = [''justice to hear informant and witnesses{{SAME}}''] | ||
| 508(1) = [''[[Issuing_Process#Issuing_Process_Under_s._508_(Notify_First)|justice obligation on receiving an information]]''] | |||
| 508(1)A = [''justice obligation on receiving an information{{SAME}}''] | |||
| 508.1(1) = [''meaning of telewarrant''] | | 508.1(1) = [''meaning of telewarrant''] | ||
| 509(2) = [''summons – service on individual''] | | 509(2) = [''summons – service on individual''] | ||
| 509(5) = [''summons – attendance for purposes of Identification of Criminals Act''] | |||
| 511(1)(c) = ['' | http://criminalnotebook.ca/index.php/Compelling_Attendance_by_Accused_Without_Arrest#Content_of_Summons | ||
| 512 = ['' | |||
| 509(5) = [''[[Compelling Attendance by Accused Without Arrest#Content_of_Summons|summons – attendance for purposes of Identification of Criminals Act]]''] | |||
| 509(5)A = [''summons – attendance for purposes of Identification of Criminals Act{{SAME}}''] | |||
| 511(1)(c) = [''[[Warrant_Arrests#Form_of_Arrest_Warrants|contents of arrest warrant – arrest and delivery before judge or justice]]''] | |||
| 511(1)(c)A = [''contents of arrest warrant – arrest and delivery before judge or justice{{SAME}}''] | |||
| 512 = [''certain actions not to preclude issue of warrant''] | |||
| 512.1 = [''Arrest warrant – failure to appear under summons''] | | 512.1 = [''Arrest warrant – failure to appear under summons''] | ||
| 512.2 = [''Arrest warrant – failure to appear under appearance notice or undertaking''] | | 512.2 = [''[[Accused_Arrest_Warrants_for_Failing_to_Attend_Court#Warrant_for_Failing_to_Attend_Under_Summons_or_Appearance_Notice|Arrest warrant – failure to appear under appearance notice or undertaking]]''] | ||
| 512.3 = [''warrant to appear under section 524''] | | 512.2A = [''Arrest warrant – failure to appear under appearance notice or undertaking{{SAME}}''] | ||
| 514 = [''execution of warrant''] | | 512.3 = [''[[Accused_Arrest_Warrants_for_Failing_to_Attend_Court#Warrant_for_Failing_to_Attend_Under_Summons_or_Appearance_Notice|warrant to appear under section 524]]''] | ||
| 512.3A = [''warrant to appear under section 524{{SAME}}''] | |||
| 514A = [''execution of warrant''] | |||
| 514 = [''[[Warrant_Arrests#Execution_of_Warrant|execution of warrant]]''] | |||
| 515 = [''[[Judicial Interim Release|judicial interim release provisions]]''] | | 515 = [''[[Judicial Interim Release|judicial interim release provisions]]''] | ||
| 515(1) = [''release order without conditions''] | | 515A = [''judicial interim release provisions{{SAME}}''] | ||
| 515(2) = [''release order with conditions''] | | 515(1) = [''[[Terms of Release|release order without conditions]]''] | ||
| 515(2)(b) to (e) = [''release order with conditions (select)''] | | 515(1)A = [''release order without conditions{{SAME}}''] | ||
| 515(2) = [''[[Terms of Release|release order with conditions]]''] | |||
| 515(2)(a) to (e) = [''release order with conditions – required obligations''] | |||
| 515(2)(b) to (e) = [''release order with conditions – required obligations (select)''] | |||
| 515(2.2) = [''appearance of accused in person unless otherwise permitted''] | |||
| 515(2.3) = [''when consent required for audioconference''] | | 515(2.3) = [''when consent required for audioconference''] | ||
| 515(4) = [''permissible conditions on release order''] | | 515(4) = [''permissible conditions on release order''] | ||
| 515(4.1) = [''condition prohibiting possession of firearms, etc.''] | | 515(4.1) = [''condition prohibiting possession of firearms, etc.''] | ||
| 515(4.2) = [''additional conditions re protecting victims or witnesses''] | | 515(4.2) = [''additional conditions re protecting victims or witnesses''] | ||
| 515(4.3) = [''additional conditions re protecting victims or witnesses & ndash; eligible offences''] | | 515(4.3) = [''additional conditions re protecting victims or witnesses – eligible offences''] | ||
| 515(5) = [''detention in custody''] | | 515(5) = [''[[Order of Detention|detention in custody]]''] | ||
| 515(6) = [''reverse onus offences''] | | 515(5)A = [''detention in custody{{SAME}}''] | ||
| 515(6) = [''[[Reverse Onus Provisions Under Section 515|reverse onus offences]]''] | |||
| 515(6)A = [''reverse onus offences{{SAME}}''] | |||
| 515(7) = [''release order''] | | 515(7) = [''release order''] | ||
| 515(8) = [''release of person not resident to Canada''] | |||
| 515(9) = [''sufficiency of record''] | | 515(9) = [''sufficiency of record''] | ||
| 515(10) = ['' | | 515(10) = [''[[Grounds for Detention|justification for detention in custody]]''] | ||
| 515(11) = ['' | | 515(10)A = [''justification for detention in custody{{SAME}}''] | ||
| 515(12) = ['' | | 515(11) = [''detention in custody for offence listed in section 469''] | ||
| 515(12) = [''[[Order_of_Detention#No_Communication_Order_While_Under_a_Detention_Order|order re no communication on detention]]''] | |||
| 515(12)A = [''order re no communication on detention{{SAME}}''] | |||
| 515.01 = [''Attendance – Identification of Criminals Act''] | |||
| 515.1 = [''declaration of surety''] | | 515.1 = [''declaration of surety''] | ||
| 515.1(1) = ['' | | 515.1(1) = [''declaration of surety''] | ||
| 516 to 519 = ['' | | 515.1(1)(e) to (g) = [''declaration of surety – surety's acknowledgements''] | ||
| 516(1) = ['' | | 516 to 519 = [''[[Bail Hearings|select provisions relating to bail process]]''] | ||
| 516(2) = [''Detention pending bail hearing''] | | 516 to 519A = [''select provisions relating to bail process{{SAME}}''] | ||
| 517 = [''Order directing matters not to be published for specified period''] | | 516(1) = [''three-day remand on adjourning bail''] | ||
| 517 to 519 = ['' | | 516(2) = [''[[Continued_Detention_After_Appearing_Before_a_Justice#Non-Communication_Condition_While_Remanded|Detention pending bail hearing]]''] | ||
| 516(2)A = [''Detention pending bail hearing{{SAME}}''] | |||
| 517 = [''[[Statutory Publication Ban on Evidence|Order directing matters not to be published for specified period]]''] | |||
| 517A = [''Order directing matters not to be published for specified period{{SAME}}''] | |||
| 517 to 519 = [''select provisions relating to bail''] | |||
| 517(1) = [''order directing matters not to be published for specified period''] | | 517(1) = [''order directing matters not to be published for specified period''] | ||
| 518 = [''Inquiries to be made by justice and evidence''] | | 518 = [''[[Bail Hearing Evidence|Inquiries to be made by justice and evidence]]''] | ||
| 518(1)(b) = ['' | | 518A = [''Inquiries to be made by justice and evidence{{SAME}}''] | ||
| 518(2) = ['' | | 518(1)(b) = [''[[Bail Hearing Evidence|no examination of charged offence unless raised by accused]]''] | ||
| 519 = [''release of accused after show cause hearing''] | | 518(1)(b)A = [''no examination of charged offence unless raised by accused{{SAME}}''] | ||
| 519(1) = [''release of accused''] | | 518(2) = [''[[Bail_Hearings#Release_on_Guilty_Plea_During_Bail_Hearing|release on guilty plea pending sentence]]''] | ||
| 519(1)(b) = ['' | | 518(2)A = [''release on guilty plea pending sentence{{SAME}}''] | ||
| 519 = [''[[Release_by_Police_on_Undertaking#Endorsed_Arrest_Warrant_Under_s._519|release of accused after show cause hearing]]''] | |||
| 519A = [''release of accused after show cause hearing{{SAME}}''] | |||
| 519(1) = [''[[Release_by_Police_on_Undertaking#Endorsed_Arrest_Warrant_Under_s._519|release of accused]]''] | |||
| 519(1)A = [''release of accused{{SAME}}''] | |||
| 519(1)(b) = [''[[Release_by_Police_on_Undertaking#Endorsed_Arrest_Warrant_Under_s._519|power to issue warrant with endorsement to release by police]]''] | |||
| 519(1)(b)A = [''power to issue warrant with endorsement to release by police{{SAME}}''] | |||
| 520 = [''[[Bail Review|accused-requested bail review]]''] | | 520 = [''[[Bail Review|accused-requested bail review]]''] | ||
| 520(5) = ['' | | 520A = [''accused-requested bail review{{SAME}}''] | ||
| 520(5) = [''power to issue arrest warrant for failing to attend bail review application''] | |||
| 521 = [''[[Bail Review|crown-requested bail review]]''] | | 521 = [''[[Bail Review|crown-requested bail review]]''] | ||
| 521A = [''crown-requested bail review{{SAME}}''] | |||
| 521(5) = [''crown-requested bail review – failure of accused to attend''] | | 521(5) = [''crown-requested bail review – failure of accused to attend''] | ||
| 521(6) = [''crown-requested bail review – warrant for detention''] | | 521(6) = [''crown-requested bail review – warrant for detention''] | ||
| 521(8)(e) = [''crown-requested bail review – granting application''] | | 521(8)(e) = [''crown-requested bail review – granting application''] | ||
| 522 = [''bail for s. 469 offences''] | | 522 = [''[[Release on Section 469 Offences|bail for s. 469 offences]]''] | ||
| 522(2) = [''order detention for 469 offences unless accused shows cause''] | | 522A = [''bail for s. 469 offences{{SAME}}''] | ||
| 522(2.1) = [''Order re no communication — s. 469 offences''] | | 522(2) = [''[[Release on Section 469 Offences|order detention for 469 offences unless accused shows cause]]''] | ||
| 522(3) = [''release of accused on s. 469 offences''] | | 522(2)A = [''order detention for 469 offences unless accused shows cause{{SAME}}''] | ||
| 523(1) to (1.2) = ['' | | 522(2.1) = [''[[Release_on_Section_469_Offences#Non-Communication_Order|Order re no communication — s. 469 offences]]''] | ||
| 523(1.1) = [''consequences on new information is received''] | | 522(2.1)A = [''Order re no communication — s. 469 offences{{SAME}}''] | ||
| 522(3) = [''[[Release on Section 469 Offences|release of accused on s. 469 offences]]''] | |||
| 522(3)A = [''release of accused on s. 469 offences{{SAME}}''] | |||
| 523(1) to (1.2) = [''consequences on new information is received''] | |||
| 523(1) = [''[[Release_by_Police_on_Undertaking#Duration_of_Conditions|duration that release conditions apply on replacement information]]''] | |||
| 523(1)A = [''duration that release conditions apply on replacement information{{SAME}}''] | |||
| 523(1.1) = [''[[Laying_of_an_Information#Replacement_Informations|consequences on new information is received]]''] | |||
| 523(1.1)A = [''consequences on new information is received{{SAME}}''] | |||
| 523(1.2) = [''previous release mechanism transfers to direct indictment''] | |||
| 523(2) = [''power to vacate previous orders''] | | 523(2) = [''power to vacate previous orders''] | ||
| 523.1 = [''judicial referral hearing''] | | 523(2)(b) = [''power to vacate previous orders – when preliminary inquiry completed''] | ||
| 523.1 = [''[[Judicial Referral Hearing|judicial referral hearing]]''] | |||
| 523.1A = [''judicial referral hearing{{SAME}}''] | |||
| 523.1(1) = [''power of justice to hear judicial referrals''] | | 523.1(1) = [''power of justice to hear judicial referrals''] | ||
| 523.1(2) = [''circumstances where referral hearings apply''] | | 523.1(2) = [''circumstances where referral hearings apply''] | ||
| 523.1(2)(a) = [''circumstances where referral hearings apply – | | 523.1(2)(a) = [''[[Judicial Referral Hearing|circumstances where referral hearings apply – charge with failing to comply with conditions]]''] | ||
| 523.1(3) = [''powers of judge or justice in referral hearing''] | | 523.1(2)(a)A = [''circumstances where referral hearings apply – charge with failing to comply with conditions{{SAME}}''] | ||
| 523.1(3)(b)(ii) = [''powers of judge or justice in referral hearing – detention order''] | | 523.1(3) = [''[[Judicial Referral Hearing|powers of judge or justice in referral hearing]]''] | ||
| 523.1(3)A = [''powers of judge or justice in referral hearing{{SAME}}''] | |||
| 523.1(3)(b)(ii) = [''[[Judicial Referral Hearing|powers of judge or justice in referral hearing – detention order]]''] | |||
| 523.1(3)(b)(ii)A = [''powers of judge or justice in referral hearing – detention order{{SAME}}''] | |||
| 524 = [''procedure relating to breach of conditions''] | | 524 = [''procedure relating to breach of conditions''] | ||
| 524(1) = [''power of justice to hear breach allegations''] | | 524(1) = [''power of justice to hear breach allegations''] | ||
Line 96: | Line 154: | ||
| 524(2) = [''power of justice to hear breach allegations – circumstances''] | | 524(2) = [''power of justice to hear breach allegations – circumstances''] | ||
| 524(3) = [''breach allegations – cancellation of prior order''] | | 524(3) = [''breach allegations – cancellation of prior order''] | ||
| 524(3) to (5) = ['' | | 524(3) to (5) = [''procedure upon appearing after breach''] | ||
| 524(4) = [''breach allegations – remand after cancellation''] | | 524(4) = [''breach allegations – remand after cancellation''] | ||
| 524(5) = [''breach allegations – release after showing cause''] | | 524(5) = [''breach allegations – release after showing cause''] | ||
| 525(1) = [''s. 525 detention review – time for application to judge''] | | 525(1) = [''s. 525 detention review – time for application to judge''] | ||
| 525(4) = [''s. 525 detention review – consideration of proceeding’s progression''] | | 525(4) = [''s. 525 detention review – consideration of proceeding’s progression''] | ||
| 525(5) = [''s. 525 detention review – release order''] | |||
| 525(6) = [''provisions that apply to s. 525 review hearing''] | |||
| 525(7) = [''definition of judge in the Province of Quebec''] | |||
| 527 = [''procuring attendance''] | | 527 = [''procuring attendance''] | ||
| 527(1) = ['' | | 527(1) = [''power to procure attendance of prisoner''] | ||
| 527(1)(a) = ['' | | 527(1)(a) = [''power to procure attendance of prisoner – set out facts''] | ||
| 527(1)(b) = ['' | | 527(1)(b) = [''power to procure attendance of prisoner – ends of justice''] | ||
| 527(2) = [''provincial court orders same as superior court orders''] | | 527(2) = [''provincial court orders same as superior court orders''] | ||
| 527(7) = [''transfer of prisoner by superior court''] | | 527(7) = [''transfer of prisoner by superior court''] | ||
| 528 = [''endorsing warrant''] | | 528A = [''endorsing warrant{{SAME}}''] | ||
| 528 = [''[[Out of Province Arrest Warrants|endorsing warrant]]''] | |||
| 528(1) = [''endorsing warrant – grounds to issue warrant''] | | 528(1) = [''endorsing warrant – grounds to issue warrant''] | ||
Line 145: | Line 207: | ||
| Old-517 = [''publication ban of bail hearing evidence''] | | Old-517 = [''publication ban of bail hearing evidence''] | ||
| Old-518 = [''[[Bail Hearing Evidence|bail hearing evidence]]''] | | Old-518 = [''[[Bail Hearing Evidence|bail hearing evidence]]''] | ||
| Old-521A = [''crown-requested bail review''] | | Old-521A = [''crown-requested bail review{{SAME}}''] | ||
| Old-522 = [''469 offences where interim release is by judge only''] | | Old-522 = [''469 offences where interim release is by judge only''] | ||
| Old-522(3) = [''release on undertaking or recog for 469 offences''] | | Old-522(3) = [''release on undertaking or recog for 469 offences''] | ||
Line 157: | Line 219: | ||
| 529 = [''[[Entry into Place to Execute an Arrest Warrant|entry into residence to arrest]]''] | | 529 = [''[[Entry into Place to Execute an Arrest Warrant|entry into residence to arrest]]''] | ||
| 529A = [''entry into residence to arrest''] | | 529A = [''entry into residence to arrest{{SAME}}''] | ||
| 529(1) = [''including authorization to enter in warrant of arrest''] | | 529(1) = [''including authorization to enter in warrant of arrest''] | ||
| 529(2) = [''execution of warrant to enter residence to arrest''] | | 529(2) = [''execution of warrant to enter residence to arrest''] | ||
| 529.1 = [''[[Entry into Place to Execute an Arrest Warrant|entry into residence to arrest]]''] | | 529.1 = [''[[Entry into Place to Execute an Arrest Warrant|entry into residence to arrest]]''] | ||
| 529.1A = [''entry into residence to arrest''] | | 529.1A = [''entry into residence to arrest{{SAME}}''] | ||
| 529.3 = [''authority to enter dwelling without warrant''] | | 529.3 = [''authority to enter dwelling without warrant''] | ||
| 529.3(1) = [''authority to enter dwelling without warrant''] | | 529.3(1) = [''authority to enter dwelling without warrant''] | ||
| 529.4 = [''[[Entry into Place to Execute an Arrest Warrant|executing a warrant to enter a residence of arrest]]''] | | 529.4 = [''[[Entry into Place to Execute an Arrest Warrant|executing a warrant to enter a residence of arrest]]''] | ||
| 529.4A = [''executing a warrant to enter a residence of arrest''] | | 529.4A = [''executing a warrant to enter a residence of arrest{{SAME}}''] | ||
| 530 = [''language of accused''] | | 530 = [''language of accused''] | ||
| 530(1) = [''language of accused – official languages''] | | 530(1) = [''language of accused – official languages''] | ||
Line 172: | Line 234: | ||
| 533.1(1) = [''parl. to review of language amendments after 3 years''] | | 533.1(1) = [''parl. to review of language amendments after 3 years''] | ||
| 536 = [''[[Defence_Election#Judge_Trials_on_Absolute_Jurisdiction_Offences|trial of absolute jurisdiction offences]]''] | | 536 = [''[[Defence_Election#Judge_Trials_on_Absolute_Jurisdiction_Offences|trial of absolute jurisdiction offences]]''] | ||
| 536(2) = [''election before justice – 14 years or more of imprisonment''] | | 536(2) = [''[[Defence_Election#Election_Address|election before justice – 14 years or more of imprisonment]]''] | ||
| 536(2)A = [''election before justice – 14 years or more of imprisonment{{SAME}}''] | |||
| 536(2.1) = [''election before justice – other indictable offences''] | | 536(2.1) = [''election before justice – other indictable offences''] | ||
| 536(4) = [''request for preliminary inquiry''] | | 536(4) = [''[[Electing a Preliminary Inquiry|request for preliminary inquiry]]''] | ||
| 536(4)A = [''request for preliminary inquiry{{SAME}}''] | |||
| 536.1 = [''[[Criminal_Law_in_the_Canadian_Territories#Preliminary_Inquiry|trial of absolute jurisdiction offences – Nunavut]]''] | | 536.1 = [''[[Criminal_Law_in_the_Canadian_Territories#Preliminary_Inquiry|trial of absolute jurisdiction offences – Nunavut]]''] | ||
| 536.1(2) = [''election before judge or justice of the peace in Nunavut – 14 years or more of imprisonment''] | | 536.1(2) = [''election before judge or justice of the peace in Nunavut – 14 years or more of imprisonment''] | ||
| 536.1(2.1) = [''election before judge or justice of the peace in Nunavut – other indictable offences''] | | 536.1(2.1) = [''election before judge or justice of the peace in Nunavut – other indictable offences''] | ||
| 536.1(3) = [''request for preliminary inquiry – Nunavut''] | | 536.1(3) = [''[[Criminal Law in the Canadian Territories|request for preliminary inquiry – Nunavut]]''] | ||
| 536.1(3)A = [''request for preliminary inquiry – Nunavut{{SAME}}''] | |||
| 536.4 = [''order for preliminary inquiry hearing''] | | 536.4 = [''order for preliminary inquiry hearing''] | ||
| 536.4(2) = [''agreement to be recorded''] | | 536.4(2) = [''agreement to be recorded''] | ||
| 536.5 = [''agreement to limit scope of preliminary inquiry''] | | 536.5 = [''[[Procedural Powers of a Preliminary Inquiry Judge|agreement to limit scope of preliminary inquiry]]''] | ||
| 536.5A = [''agreement to limit scope of preliminary inquiry{{SAME}}''] | |||
| 537(1.01) = [''power limit issues and witnesses''] | | 537(1.01) = [''power limit issues and witnesses''] | ||
| 537(1)(i) = [''power to regulating inquiry''] | | 537(1)(i) = [''power to regulating inquiry''] | ||
| 537(1)(j.1) = [''power to permit accused to be absent during inquiry''] | | 537(1)(j) = [''prisoner appear by video on consent''] | ||
| 537(1)(k) = ['' | | 537(1)(j.1) = [''[[Procedural Powers of a Preliminary Inquiry Judge|power to permit accused to be absent during inquiry]]''] | ||
| 537(1)(j.1)A = [''power to permit accused to be absent during inquiry{{SAME}}''] | |||
| 537(1)(k) = [''power to appear by video when evidence not taken''] | |||
| 539(1) = [''publication ban of preliminary inquiry evidence''] | | 539(1) = [''publication ban of preliminary inquiry evidence''] | ||
| 540 = [''taking evidence by preliminary inquiry judge''] | | 540 = [''taking evidence by preliminary inquiry judge''] | ||
| 540(1) = [''obligation to take and record evidence of inquiry witnesses''] | | 540(1) = [''obligation to take and record evidence of inquiry witnesses''] | ||
| 540(6) = [''transcription of record taken by sound recording apparatus''] | | 540(6) = [''transcription of record taken by sound recording apparatus''] | ||
| 540(7) = [''accepting hearsay and other credible and trustworthy evidence''] | | 540(7) = [''[[Admission of Hearsay Evidence at Preliminary Inquiry|accepting hearsay and other credible and trustworthy evidence]]''] | ||
| 540(7)A = [''accepting hearsay and other credible and trustworthy evidence{{SAME}}''] | |||
| 540(7) to (9) = [''adducing hearsay and other credible and trustworthy evidence''] | | 540(7) to (9) = [''adducing hearsay and other credible and trustworthy evidence''] | ||
| 541 = [''hearing witnesses and accused''] | | 541 = [''[[Preliminary Inquiry Evidence|hearing witnesses and accused]]''] | ||
| 541A = [''hearing witnesses and accused{{SAME}}''] | |||
| 541(2) = [''contents of address to accused''] | | 541(2) = [''contents of address to accused''] | ||
| 541(3) = [''statements of accused''] | | 541(3) = [''statements of accused''] | ||
Line 198: | Line 271: | ||
| 543(1) = [''order that accused appear or be taken before justice where offence alleged to have been committed''] | | 543(1) = [''order that accused appear or be taken before justice where offence alleged to have been committed''] | ||
| 543(1)(a) = [''x'']<!--???--> | | 543(1)(a) = [''x'']<!--???--> | ||
| 544(1) = ['' | | 544(1) = [''consequence of accused absconding preliminary inquiry''] | ||
| 544(1)(b)(i) = ['' | | 544(1)(b)(i) = [''consequence of accused absconding preliminary inquiry – continue inquiry''] | ||
| 544(1)(b)(ii) = ['' | | 544(1)(b)(ii) = [''consequence of accused absconding preliminary inquiry – adjourn hearing''] | ||
| 545(1) = ['' | | 545(1) = [''witness refusing to be examined''] | ||
| 548 = ['' | | 546 = [''irregularity or variance not to affect validity''] | ||
| 548(1) = ['' | | 548 = [''order to stand trial or discharge, process and consequences''] | ||
| 548(1) = [''order to stand trial or discharge''] | |||
| 548(2.1) = [''[[Order of Committal to Stand Trial|setting preliminary inquiry date]]''] | | 548(2.1) = [''[[Order of Committal to Stand Trial|setting preliminary inquiry date]]''] | ||
| 550 = ['' | | 550 = [''recognizance of witness''] | ||
| 550(1) = ['' | | 550(1) = [''recognizance of witness – power to procure attendance''] | ||
| 550(3) = ['' | | 550(3) = [''sureties or deposit for appearance of witness''] | ||
| 550(4) = ['' | | 550(4) = [''witness refusing to be bound''] | ||
| 551 = ['' | | 551 = [''[[Order_of_Committal_to_Stand_Trial#Ordering_Committal|transmission of record by justice]]''] | ||
| 551.3(1)(g) = ['' | | 551.3(1)(g) = [''power of case management judge to adjudicate issues''] | ||
| 551.3(1)(g)(i) to (iii) = ['' | | 551.3(1)(g)(i) to (iii) = [''power of case management judge to adjudicate issues – partial list''] | ||
| 551.7 = ['' | | 551.7 = [''[[Case_Management#Joint_Hearing|decision whether to hold joint hearing]]''] | ||
| 551.7(2) = ['' | | 551.7A = [''decision whether to hold joint hearing{{SAME}}''] | ||
| 551.7(3) = ['' | | 551.7(2) = [''decision whether to hold joint hearing – considerations''] | ||
| 551.7(3) = [''decision whether to hold joint hearing – order for joint hearing''] | |||
| 552 = [''[[Definition of Judicial Officers and Offices|definitions - judges]]''] | | 552 = [''[[Definition of Judicial Officers and Offices|definitions - judges]]''] | ||
| 552A = [''definitions - judges{{SAME}}''] | |||
| 553 = [''[[Absolute Jurisdiction Offences|absolute jurisdiction offences]]''] | | 553 = [''[[Absolute Jurisdiction Offences|absolute jurisdiction offences]]''] | ||
| 553(a) = ['' | | 553(a) = [''absolute jurisdiction offences – property offences''] | ||
| 553(b)(i) = ['' | | 553(b)(i) = [''absolute jurisdiction offences – party to property offences''] | ||
| 553(b)( | | 553(b)(ii) = [''absolute jurisdiction offences – party to non-property offences''] | ||
| 553(c) = ['' | | 553(c) = [''absolute jurisdiction offences – non-property offences''] | ||
| 554(2) = ['' | | 554(2) = [''trial by provincial court judge with consent – nunavut''] | ||
| 555 = ['' | | 555 = [''defence election''] | ||
| 555(1.1) = ['' | | 555(1.1) = [''election address''] | ||
| 555(2) = ['' | | 555(2) = [''election address if subject matter is testamentary instr. or exceeding $5,000''] | ||
| 555.1(1.1) = ['' | | 555.1(1.1) = [''election address – nunavut''] | ||
| 555.1(2) = ['' | | 555.1(2) = [''election address if subject matter is testamentary instr. or exceeding $5,000 – nunavut''] | ||
| 556(1) = ['' | | 556(1) = [''organization to appear by agent or counsel''] | ||
| 556(2) = ['' | | 556(2) = [''consequence of non-appearance by organization''] | ||
| 560(1) = ['' | | 560(1) = [''duty to set trial on election for judge-alone trial''] | ||
| 560(1)(a) = ['' | | 560(1)(a) = [''duty to set trial on election for judge-alone trial – accused in custody''] | ||
| 561 = [''[[Defence Re-Election|right of re-election]]''] | | 561 = [''[[Defence Re-Election|right of re-election]]''] | ||
| 561(1)(a) = ['' | | 561A = [''right of re-election{{SAME}}''] | ||
| 561(1)(a)(i) = ['' | | 561(1)(a) = [''right to re-elect – superior court with preliminary inquiry''] | ||
| 561(1)(a)(ii) = ['' | | 561(1)(a)(i) = [''re-elect from superior court with prelim to provincial with consent''] | ||
| 561(1)(b) = ['' | | 561(1)(a)(ii) = [''re-elect from superior court to same level within 60 days of prelim''] | ||
| 561(2) = ['' | | 561(1)(b) = [''re-elect from superior where prelim not available''] | ||
| 561(3)(b) = ['' | | 561(2) = [''right to re-elect – from provincial court at 60 days to trial''] | ||
| 561(4) = ['' | | 561(3)(b) = [''right to re-elect from superior with prelim – notice''] | ||
| 561(5) = ['' | | 561(4) = [''right to re-elect with no prelim – notice''] | ||
| 561(5) to (7) = ['' | | 561(5) = [''right to re-elect from superior with prelim – notice and transmitting record''] | ||
| 561(6) = ['' | | 561(5) to (7) = [''procedure on re-election''] | ||
| 561(7) = ['' | | 561(6) = [''time and place for re-election''] | ||
| 561(7) = [''proceedings on re-election''] | |||
| 561.1 = [''[[Criminal_Law_in_the_Canadian_Territories#Preliminary_Inquiry|right of re-election - Nunavut]]''] | | 561.1 = [''[[Criminal_Law_in_the_Canadian_Territories#Preliminary_Inquiry|right of re-election - Nunavut]]''] | ||
| 561.1(1) = ['' | | 561.1(1) = [''right to re-elect with consent – Nunavut''] | ||
| 561.1(2) = ['' | | 561.1(2) = [''right to re-elect before trial – Nunavut''] | ||
| 561.1(3) = ['' | | 561.1(3) = [''right to re-elect at preliminary inquiry – Nunavut''] | ||
| 561.1(4) = ['' | | 561.1(4) = [''notice of re-election under subsection (1) or (3) — Nunavut''] | ||
| 561.1(4) to (7) = ['' | | 561.1(4) to (7) = [''notice requirements – Nunavut''] | ||
| 561.1(6) = ['' | | 561.1(6) = [''notice when no preliminary inquiry or preliminary inquiry completed — Nunavut''] | ||
| 561.1(6) to (9) = ['' | | 561.1(6) to (9) = [''procedural requirements – Nunavut''] | ||
| 561.1( | | 561.1(8) = [''time and place for re-election — Nunavut''] | ||
| 561.1( | | 561.1(9) = [''proceedings on re-election — Nunavut''] | ||
| | | 562 = [''proceedings following re-election''] | ||
| | | 563 = [''proceedings on re-election to be tried by provincial court judge without jury''] | ||
| | | 565(1)(a) = [''[[Defence_Election#Deeming_an_Electing|deemed election where lower judge declined to record]]''] | ||
| 565(1)(a) = ['' | | 565(1)(a)A = [''deemed election where lower judge declined to record''] | ||
| 565(2) = ['' | | 565(2) = [''deemed election on direct indictment''] | ||
| 565(3) = ['' | | 565(3) = [''notice of re-election on direct indictment''] | ||
| 566 = ['' | | 566 = [''charges on indictment''] | ||
| 566(2) = ['' | | 566(2) = [''preferring indictment on judge-alone election''] | ||
| 567 = ['' | | 567 = [''mode of trial where more than one accused''] | ||
| 567.1(1) = ['' | | 567.1(1) = [''mode of trial where more than one accused – Nunavut''] | ||
| 568 = [''[[Defence_Election#Attorney_General_Override|Attorney General override]]''] | | 568 = [''[[Defence_Election#Attorney_General_Override|Attorney General override]]''] | ||
| 569 = [''[[Criminal_Law_in_the_Canadian_Territories#Trial|Attorney General may require trial by jury — Nunavut]]''] | | 569 = [''[[Criminal_Law_in_the_Canadian_Territories#Trial|Attorney General may require trial by jury — Nunavut]]''] | ||
| 572 = ['' | | 572 = [''applicability of Parts XVI, XVIII, XX and XXIII in Part XIX re judge alone trials''] | ||
| 573(1) = ['' | | 573(1) = [''nunavut court of justice powers same as provincial court''] | ||
| 573(2) = ['' | | 573(2) = [''nunavut court power exercised as superior court''] | ||
| 573.1(1) = ['' | | 573.1(1) = [''application for review re various orders – Nunavut''] | ||
| 573.1(1)(a) = ['' | | 573.1(1)(a) = [''application for review – Nunavut – warrant or summons''] | ||
| 573.1(1)(b) = ['' | | 573.1(1)(b) = [''application for review – Nunavut – preliminary inquiry''] | ||
| 573.1(1)(c) = ['' | | 573.1(1)(c) = [''application for review – Nunavut – subpoena''] | ||
| 573.1(1)(d) = ['' | | 573.1(1)(d) = [''application for review – Nunavut – publication orders''] | ||
| 573.1(1)(e) = ['' | | 573.1(1)(e) = [''application for review – Nunavut – refusal to quash''] | ||
| 573.1(1)(f) = ['' | | 573.1(1)(f) = [''application for review – Nunavut – property detention and forfeiture order''] | ||
| 573.1(4) = ['' | | 573.1(4) = [''application for review – Nunavut – powers of judge''] | ||
| 573.2(1) = ['' | | 573.2(1) = [''application of habeas corpus – Nunavut''] | ||
| 573.2(2) = ['' | | 573.2(2) = [''application of habeas corpus – Nunavut – additional jurisdiction''] | ||
| 574 = ['' | | 574 = [''authority to prefer an indictment''] | ||
| 574(1.1) = ['' | | 574(1) to (1.2) = [''means of preferring an indictment''] | ||
| 574(1. | | 574(1) = [''power of prosecutor to prefer indictment''] | ||
| 574(1) = ['' | | 574(1.1) = [''preferring indictment when no preliminary inquiry''] | ||
| 574(3) = ['' | | 574(1.2) = [''preferring multiple charges into single indictment''] | ||
| 576(1) = ['' | | 574(3) = [''judicial consent required for private prosecution''] | ||
| 576(2) = ['' | | 576(1) = [''no indictment can be preferred except within Code''] | ||
| 576(2) = [''prohibition on grand juries''] | |||
| 577 = [''[[Direct Indictments|direct indictments]]''] | | 577 = [''[[Direct Indictments|direct indictments]]''] | ||
| 578 = ['' | | 577A = [''direct indictments{{SAME}}''] | ||
| 578(1) = ['' | | 578 = [''procuring attendance on re-commencement of charges''] | ||
| 578(1) = [''procuring attendance on re-commencement of charges''] | |||
| 579 = [''[[Stay of Proceedings by Crown|stay of proceedings by crown]]''] | | 579 = [''[[Stay of Proceedings by Crown|stay of proceedings by crown]]''] | ||
| 579(1) = ['' | | 579(1) = [''crown directed stay of proceedings''] | ||
| 579(2) = ['' | | 579(2) = [''crown directed stay of proceedings – recommencement''] | ||
| 579. | | 579.001(3) = [''re-commencing stayed charges against preclearance offier''] | ||
| 579. | | 579.01 = [''Attorney General may intervene in certain proceedings''] | ||
| 581(1) = ['' | | 581(1) = [''substance of offence – single transaction and specific''] | ||
| 587 = ['' | | 587 = [''[[Particulars|order for particulars]]''] | ||
| 589 = ['' | | 587A = [''order for particulars{{SAME}}''] | ||
| 591(3) = ['' | | 589 = [''count for murder''] | ||
| 591(3)(b) = ['' | | 591(3) = [''severance of accused and counts''] | ||
| 591(4)(a) = ['' | | 591(3)(b) = [''severance of accused and counts – multiple co-accused''] | ||
| 593(1) = ['' | | 591(4)(a) = [''order of severance in jury trial – counts not proceeded''] | ||
| 597(1) = ['' | | 593(1) = [''trial of persons jointly''] | ||
| 598(1) = ['' | | 597(1) = [''bench warrant for failing to attend for indictment''] | ||
| 599 = ['' | | 598(1) = [''deemed re-election to judge alone if fail to attend trial''] | ||
| 599(1) = ['' | | 599 = [''change of venue''] | ||
| 599(4) = ['' | | 599(1) = [''reasons for change of venue''] | ||
| 599(4) = [''change of venue – transmission of record''] | |||
| = [''x''] | | = [''x''] | ||
<!-- | = ERROR --> | <!-- | = ERROR --> | ||
}} | }}</span> |
Latest revision as of 21:29, 7 November 2024