Arraignment and Plea: Difference between revisions
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[[Fr:Mise_en_accusation_et_plaidoyer]] | |||
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==Arraignment== | ==Arraignment== | ||
The purpose of the arraignment is to make a public declaration of the charges against the accused and to inform the accused of the exact allegations before he decides on plea and election.<ref> | The purpose of the arraignment is to make a public declaration of the charges against the accused and to inform the accused of the exact allegations before he decides on plea and election.<ref> | ||
{{CanLIIRx|Carver|fwdtp|2013 ABPC 51 (CanLII)}}{{perABPC| Rosborough J}}{{atL|fwdtp|9}}<br> | |||
{{CanLIIRP|Mitchell|6h2k|1997 CanLII 6321 (ON CA)|121 CCC (3d) 139}}{{perONCA-H|Doherty JA}}{{atL|6h2k|27}}<br> | |||
</ref> | </ref> | ||
An arraignment has three components:<ref> | An arraignment has three components:<ref> | ||
Carver{{ | {{supra1|Carver}}{{atL|fwdtp|8}} citing Criminal Pleading and Practice in Canada, 2nd ed., Canada Law Book, at 14:0010 | ||
</ref> | </ref> | ||
# calling the accused to the dock or bar; | # calling the accused to the dock or bar; | ||
| Line 16: | Line 18: | ||
On summary conviction offences, s. 801 directs the arraignment to occur at the appearance for trial: | On summary conviction offences, s. 801 directs the arraignment to occur at the appearance for trial: | ||
{{ | {{quotation2| | ||
; Arraignment | |||
801 | 801 (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked, | ||
:(a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or | :(a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or | ||
:(b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order. | :(b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order. | ||
{{removed|(2), (3) and "(4) and (5)"}} | |||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 801; | |||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 177, c. 1 (4th Supp.), s. 18(F); | |||
R.S., 1985, c. C-46, s. 801; | {{LegHistory90s|1995, c. 22}}, s. 10. | ||
R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F); | |{{CCCSec2|801}} | ||
1995, c. 22, s. 10. | |{{NoteUp|801|1}} | ||
| | |||
}} | }} | ||
Certain indictable offences will also require the reading of the [[Election|election address as to mode of trial]] after the arraignment.<ref>[ | Certain indictable offences will also require the reading of the [[Election|election address as to mode of trial]] after the arraignment.<ref>[{{CCCSec|536}} s. 536(2)]</ref> | ||
; Timing | |||
Practice will vary on when the arraignment will happen. It can be at the first appearance, any subsequent appearance, or immediately before trial. In a jury trial, for example, the accused must be arraigned in front of the empanelled jury. | Practice will vary on when the arraignment will happen. It can be at the first appearance, any subsequent appearance, or immediately before trial. In a jury trial, for example, the accused must be arraigned in front of the empanelled jury. | ||
; Other Notices | |||
Other formalities required before plea, include informing the accused of his [[Choice of Language|choice of language]] for trial. | Other formalities required before plea, include informing the accused of his [[Choice of Language|choice of language]] for trial. | ||
; Waiver of Reading | |||
Even where the accused waives reading of the charges, a judge has discretion to read charges to the accused.<ref> | |||
{{CanLIIRP|AA|1wcw7|2000 CanLII 22813 (ON SC)|150 CCC (3d) 564}}{{perONSC|Hill J}} {{affd}} 170 CCC (3d) 449 | |||
</ref> | |||
A judge who insists on consistently reading all charges despite waiver by counsel is an abuse of discretion.<Ref> | |||
{{ibid1|AA}} | |||
</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
| Line 54: | Line 63: | ||
# special pleas authorized by Part XX | # special pleas authorized by Part XX | ||
{{ | {{quotation2| | ||
; Pleas permitted | |||
606 (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others. | 606 (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part {{AnnSec|Part XX}} and no others. | ||
<br>... | <br> | ||
R.S., 1985, c. C-46, s. 606; R.S., 1985, c. 27 (1st Supp.), s. 125; 2002, c. 13, s. 49; 2015, c. 13, s. 21. | {{removed|(1.1), (1.2), (2), (3), (4), (4.1), (4.2), (4.3), (4.4) and (5)}} | ||
| | R.S., {{LegHistory80s|1985, c. C-46}}, s. 606; | ||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 125; | |||
{{LegHistory00s|2002, c. 13}}, s. 49; | |||
{{LegHistory10s|2015, c. 13}}, s. 21. | |||
{{Annotation}} | |||
|{{CCCSec2|606}} | |||
|{{NoteUp|606|1}} | |||
}} | }} | ||
| Line 71: | Line 86: | ||
===Refusal to Enter a Plea=== | ===Refusal to Enter a Plea=== | ||
{{ | {{quotation2| | ||
606.<br>.. | 606.<br> | ||
{{removed|(1), (1.1) and (1.2)}} | |||
; Refusal to plead | |||
(2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty. | (2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty. | ||
<br>... | <br> | ||
R.S., 1985, c. C-46, s. 606; | {{removed|(3), (4), (4.1), (4.2), (4.3), (4.4) and (5)}} | ||
R.S., 1985, c. 27 (1st Supp.), s. 125; | R.S., {{LegHistory80s|1985, c. C-46}}, s. 606; | ||
2002, c. 13, s. 49. | R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 125; | ||
| | {{LegHistory00s|2002, c. 13}}, s. 49. | ||
|{{CCCSec2|606}} | |||
|{{NoteUp|606|2}} | |||
}} | }} | ||
Latest revision as of 07:04, 23 July 2024
| This page was last substantively updated or reviewed January 2016. (Rev. # 95653) |
Arraignment
The purpose of the arraignment is to make a public declaration of the charges against the accused and to inform the accused of the exact allegations before he decides on plea and election.[1]
An arraignment has three components:[2]
- calling the accused to the dock or bar;
- reading the charge to him; and
- asking for a plea.
On summary conviction offences, s. 801 directs the arraignment to occur at the appearance for trial:
- Arraignment
801 (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked,
- (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or
- (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.
[omitted (2), (3) and "(4) and (5)"]
R.S., 1985, c. C-46, s. 801; R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10.
Certain indictable offences will also require the reading of the election address as to mode of trial after the arraignment.[3]
- Timing
Practice will vary on when the arraignment will happen. It can be at the first appearance, any subsequent appearance, or immediately before trial. In a jury trial, for example, the accused must be arraigned in front of the empanelled jury.
- Other Notices
Other formalities required before plea, include informing the accused of his choice of language for trial.
- Waiver of Reading
Even where the accused waives reading of the charges, a judge has discretion to read charges to the accused.[4] A judge who insists on consistently reading all charges despite waiver by counsel is an abuse of discretion.[5]
- ↑
R v Carver, 2013 ABPC 51 (CanLII), per Rosborough J, at para 9
R v Mitchell, 1997 CanLII 6321 (ON CA), 121 CCC (3d) 139, per Doherty JA, at para 27
- ↑ Carver, supra, at para 8 citing Criminal Pleading and Practice in Canada, 2nd ed., Canada Law Book, at 14:0010
- ↑ s. 536(2)
- ↑ R v AA, 2000 CanLII 22813 (ON SC), 150 CCC (3d) 564, per Hill J aff'd 170 CCC (3d) 449
- ↑ AA, ibid.
Election
Under s. 536(2), where "an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553" the accused shall have the choice of mode of trial being:
- trial by provincial court judge,
- trial by Supreme court Judge Alone, with or without a preliminary inquiry; and,
- trial by Supreme court Judge and Jury, with or without a preliminary inquiry.
Pleas
There are only three types of pleas permitted:[1]
- plead guilty
- plead not guilty; or,
- special pleas authorized by Part XX
- Pleas permitted
606 (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part [Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)] and no others.
[omitted (1.1), (1.2), (2), (3), (4), (4.1), (4.2), (4.3), (4.4) and (5)]
R.S., 1985, c. C-46, s. 606; R.S., 1985, c. 27 (1st Supp.), s. 125; 2002, c. 13, s. 49; 2015, c. 13, s. 21.
[annotation(s) added]
- ↑ See s. 606(1)
Plea of Guilty
Plea of Not Guilty and Other Pleas
Refusal to Enter a Plea
606.
[omitted (1), (1.1) and (1.2)]
- Refusal to plead
(2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.
[omitted (3), (4), (4.1), (4.2), (4.3), (4.4) and (5)]
R.S., 1985, c. C-46, s. 606; R.S., 1985, c. 27 (1st Supp.), s. 125; 2002, c. 13, s. 49.
Where a defence election exists, and the accused refuses to enter an election, the judge may deem the election as electing to be tried by judge and jury with a preliminary inquiry. [1]
- ↑ See Defence Election