Arraignment and Plea
| This page was last substantively updated or reviewed January 2016. (Rev. # 78311) |
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
- ↑ 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