TABLE OF CONTENTS. Volume 1

Transcription

1 TABLE OF CONTENTS Volume 1 Charter Alert... ALERT-1 Supplementary Table of Cases... STC-1 Table of Cases... TC-1 Table of Concordance of Criminal Code (1985 to 1970)... xiii Table 1 Absolute Jurisdiction of Provincial Court Judges... xxvii Table 2 Consent Jurisdiction of Provincial Court Judges... xxviii Table 3 Superior Court Jurisdiction... xxix Table 4 Trial by Jury... xxx CRIMINAL CODE SHORT TITLE Short title, s INTERPRETATION Definitions, s Further definitions, s Acting on victim s behalf, s Descriptive cross references, s PART I Effect of judicial acts, s Postcard a chattel, value, s Canadian Forces not affected, s Presumption of innocence, s Offences committed on aircraft, s Application to territories, s Criminal offences to be under law of Canada, s Appeal, s Civil remedy not suspended, s Offence punishable under more than one Act, s Child under twelve, s Consent to death, s Obedience to de facto law, s Defence of mental disorder, s Compulsion by threats, s Compulsion of spouse, s iii (Snow s) (2016, Rel. 9)

2 SNOW S CRIMINAL CODE Ignorance of the law, s Certain acts on holidays valid, s Parties to offence Common intention, s Person counselling offence, s Offences of negligence organizations, s Other offences organizations, s Accessory after the fact, s Where one party cannot be convicted, s Attempts, s Protection of persons acting under authority, s Definitions, s Public officer to file report, s Annual report, s Written notification to be given, s Excessive force, s Use of force to prevent commission of offence, s Use of force on board an aircraft, s Arrest of wrong person, s Duty of person arresting, s Preventing breach of peace, s Arrest for breach of peace, s Use of force to suppress riot, s Duty of officers if rioters do not disperse, s When defence not available, s Defence use or threat of force, s Defence property, s [Repealed], s [Repealed], s [Repealed], s [Repealed], s [Repealed], s [Repealed], s [Repealed], s Correction of child by force, s [Repealed], s Surgical operations, s PART II OFFENCES AGAINST THE PUBLIC ORDER High treason, s Punishment for high treason, s Limitation, s Acts intended to alarm Her Majesty or break public peace, s Assisting alien enemy to leave Canada, or omitting to prevent treason, s iv

3 TABLE OF CONTENTS Intimidating Parliament or legislature, s Sabotage, s Inciting to mutiny, s Assisting deserter, s Evidence of overt acts, s Offences in relation to members of R.C.M.P., s Identity documents, s Forgery of or uttering forged passport, s Fraudulent use of certificate of citizenship, s Seditious words, s Exception, s Punishment of seditious offences, s Offences in relation to military forces, s Unlawful assembly, s Riot, s Punishment of rioter, s Punishment for unlawful assembly, s Reading proclamation, s Offences related to proclamation, s Neglect by peace officer, s Orders by Governor in Council, s Duelling, s Forcible entry, s Punishment, s Piracy by law of nations, s Piratical acts, s Hijacking, s Endangering safety of aircraft or airport, s Offensive weapons and explosive substances, s Seizing control of ship or fixed platform, s Duty of care re explosive, s Breach of duty, s Using explosives, s Possession without lawful excuse, s Sentences to be served consecutively, s Definition of device, s Possession, etc., of nuclear material, radioactive material or device, s Use or alteration of nuclear material, radioactive material or device, s Commission of indictable offence to obtain nuclear material, etc., s Threats, s Armed forces, s Engaging in prize fight, s v (Snow s) (2015, Rel. 5)

4 SNOW S CRIMINAL CODE PART II.1 TERRORISM Definitions, s Providing or collecting property for certain activities, s Providing, making available, etc., property or services for terrorist purposes, s Using or possessing property for terrorist purposes, s Establishment of list, s Admission of foreign information obtained in confidence, s Mistaken identity, s Freezing of property, s Exemptions, s Disclosure, s Audit, s Offences, s Seizure and restraint of assets, s Application for order of forfeiture, s Dispositions of property, s Interim preservation rights, s Other forfeiture provisions unaffected, s Participation in activity of terrorist group, s Leaving Canada to participate in activity of terrorist grouop, s Facilitating terrorist activity, s Leaving Canada to facilitate terrorist activity, s Commission of offence for terrorist group, s Leaving Canada to commit offence for terrorist group, s Leaving Canada to commit offence that is terrorist activity., s Instructing to carry out activity for terrorist group, s Instructing to carry out terrorist activity, s Advocating or promoting commission of terrorism offences, s Warrent of seizure, s Order to computer system s custodian, s Concealing person who carried out terrorist activity, s Hoax Regarding Terrorist Activity, s Attorney General s consent, s Jurisdiction, s Sentences to be served consecutively, s Punishment for terrorist activity, s Investigative Hearing, s Arrest warrant, s Attorney General s consent required to lay information, s Annual report (sections and 83.29), s Sunset provision, s Transitional provision, s vi

5 TABLE OF CONTENTS PART III FIREARMS AND OTHER WEAPONS Definitions, s Using firearm in commission of offence, s Careless use of firearm, etc., s Pointing a firearm, s Possession of weapon for dangerous purpose, s Carrying weapon while attending public meeting, s Carrying concealed weapon, s Unauthorized possession of firearm, s Possession of firearm knowing its possession is unauthorized, s Possession at unauthorized place, s Unauthorized possession in motor vehicle, s Possession of prohibited or restricted firearm with ammunition, s Possession of weapon obtained by commission of offence, s Delivery of firearm to person without firearms acquisition certificate, s Breaking and entering to steal firearm, s Robbery to steal firearm, s Weapons trafficking, s Possession for purpose of weapons trafficking, s Transfer without authority, s Making automatic firearm, s Importing or exporting knowing it is unauthorized, s Unauthorized importing or exporting, s Losing or finding, s Destroying, s False statements, s Tampering with serial numbers, s Mandatory prohibition order, s Discretionary prohibition order, s Definition of intimate partner, s Application for prohibition order, s Revocation of prohibition order under s. 111(5), s Lifting of prohibition order for sustenance or employment, s Requirement to surrender, s Forfeiture, s Authorizations revoked or amended, s Return to owner, s Possession contrary to order, s Application for order, s Revocation of order under s , s Search and seizure without warrant where offence committed, s Seizure on failure to produce authorization, s Application for warrant to search and seize, s vii (Snow s) (2015, Rel. 7)

6 SNOW S CRIMINAL CODE Application for disposition, s Where no finding or application, s Public officers, s Individuals acting for police force, Canadian forces and visiting forces, s Employees of business with licence, s Restriction, s Onus on the accused, s Authorizations, etc. as evidence, s Certificate of analyst, s Amnesty period, s Regulations, s PART IV OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE Definitions, s Bribery of judicial officers, etc., s Bribery of officers, s Frauds on the government, s Selling, etc., of tobacco products and raw leaf tobacco, s Breach of trust by public officer, s Municipal corruption, s Selling or purchasing office, s Influencing or negotiating appointments or dealing in offices, s Disobeying a statute, s Disobeying order of court, s Misconduct of officers executing process, s Offences relating to public or peace officer, s Personating peace officer, s Aggravating circumstance, s Perjury, s Punishment, s Corroboration, s Idem, s [Repealed], s Witness giving contradictory evidence, s Fabricating evidence, s Offences relating to affidavits, s Obstructing justice, s Public mischief, s Compounding indictable offence, s Corruptly taking reward for recovery of goods, s Advertising reward and immunity, s Prison breach, s Escape and being at large without excuse, s viii

7 TABLE OF CONTENTS Permitting or assisting escape, s Rescue or permitting escape, s Assisting prisoner of war to escape, s Service of term for escape, s PART V SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT Definitions, s Consent no defence, s Sexual interference, s Invitation to sexual touching, s Sexual exploitation, s Sexual exploitation of person with disability, s [Repealed], s Incest, s [Repealed], s [Repealed], s [Repealed], s Anal intercourse, s Bestiality, s Order of prohibition, s Voyeurism, s Publication, etc., of an intimate image without consent, s Publication order, s Corrupting morals, s Definition of child pornography, s Warrant of seizure, s Warrant of seizure, s Forfeiture of things used for child pornography, s Relief from forfeiture, s Tied sale, s [Repealed], s Immoral theatrical performance, s Mailing obscene matter, s Punishment, s Parent or guardian procuring sexual activity, s Householder permitting sexual activity, s Making sexually explicit material available to child, s Corrupting children, s Luring a child, s Agreement or arrangement, s Indecent acts, s ix (Snow s) (2016, Rel. 5)

8 SNOW S CRIMINAL CODE Nudity, s Causing disturbance, indecent exhibition, loitering, etc., s Obstructing or violence to or arrest of officiating clergyman, s Trespassing at night, s Offensive volatile substance, s Vagrancy, s Common nuisance, s Spreading false news, s Dead body, s PART VI INVASION OF PRIVACY Definitions, s Consent to interception, s Interception, s Interception to prevent bodily harm, s Interception with consent, s Application by means of telecommunication, s Interception in exceptional circumstances, s Interception of radio-based telephone communications, s One application for authorization sufficient, s Application for authorization, s Judge to be satisfied, s Time limitation in relation to criminal organizations and terrorism offences, s Manner in which application to be kept secret, s Applications to specially appointed judges, s Execution of authorizations, s No civil or criminal liability, s Notice of intention to produce evidence, s Further particulars, s Possession, etc., s Forfeiture, s Disclosure of information, s Disclosure of information received from interception of radio-based telephone communications, s Damages, s Annual report, s Written notification to be given, s Written notifice, s PART VII DISORDERLY HOUSES, GAMING AND BETTING Definitions, s x

9 TABLE OF CONTENTS Presumptions, s Warrant to search, s [Repealed], s Keeping gaming or betting house, s Betting, pool-selling, book-making, etc., s Placing bets on behalf of others, s Exemption, s [Repealed], s Offence in relation to lotteries and games of chance, s Permitted lotteries, s Exemption, s [Repealed], s Cheating at play, s Keeping common bawdy-house, s Transporting person to bawdy-house, s [Repealed], s Offence in relation to prostitution, s PART VIII OFFENCES AGAINST THE PERSON AND REPUTATION Definitions, s Duty of persons to provide necessaries, s Duty of persons undertaking acts dangerous to life, s Duty of persons undertaking acts, s Duty of persons directing work, s Abandoning child, s Criminal negligence, s Causing death by criminal negligence, s Causing bodily harm by criminal negligence, s Homicide, s When child becomes human being, s Death which might have been prevented, s Death from treatment of injury, s Acceleration of death, s Death within year and a day, s Killing by influence on the mind, s Murder, s Murder in commission of offences, s Classification of murder, s Murder reduced to manslaughter, s Infanticide, s Manslaughter, s (1) Punishment for murder, s (2) Manslaughter, s (2) xi (Snow s) (2016, Rel. 9)

10 SNOW S CRIMINAL CODE Punishment for infanticide, s Killing unborn child in act of birth, s Attempt to commit murder, s Accessory after the fact to murder, s Counselling or aiding suicide, s Definitions, s Eligibility for medical assistance in dying, s Failure to comply with safeguards, s Forgery, s Neglect to obtain assistance in child-birth, s Concealing body of child, s Discharging firearm with intent, s Causing bodily harm with intent, s Discharging firearm, s Administering noxious thing, s Overcoming resistance to commission of offence, s Traps likely to cause bodily harm, s Interfering with transportation facilities, s Dangerous operation of motor vehicles, vessels and aircraft, s Flight, s Causing death by criminal negligence (street racing), s Causing bodily harm by criminal negligence (street racing), s Dangerous operation of vehicle while street racing, s Failure to keep watch on person towed, s Unseaworthy vessel and unsafe aircraft, s Failure to stop at scene of accident, s Operation while impaired, s Definitions, s Regulations, s Punishment, s Aggravating circumstances for sentencing purposes, s Warrants to obtain blood samples, s No offence committed, s Proceedings under section 255, s Unauthorized use of bodily substances, s Mandatory order of prohibition, s Proceedings on making of prohibition order, s (4) Stay of order pending appeal, s Impeding attempt to save life, s Duty to safeguard opening in ice, s Criminal harassment, s Uttering threats, s Assault, s Assault, s xii

11 TABLE OF CONTENTS Assault with a weapon or causing bodily harm, s Aggravated assault, s Unlawfully causing bodily harm, s Aggravating circumstance, s (Continued on page xiii) xii.1 (Snow s) (2016, Rel. 9)

12 TABLE OF CONTENTS Torture, s Assaulting a peace officer, s Assaulting a peace officer with weapon or causing bodily harm, s Aggravated assault of peace officer, s Sentences to be served consecutively, s Disarming a peace officer, s Sexual assault, s Sexual assault with a weapon, threats to a third party or causing bodily harm, s Aggravated sexual assault, s Meaning of consent, s Where belief in consent not a defence, s Removal of child from Canada, s Corroboration not required, s Rules respecting recent complaint abrogated, s Evidence of complainant s sexual activity, s Application for hearing, s Jury and public excluded, s Publication prohibited, s Judge to instruct jury re use of evidence, s Appeal, s Reputation evidence, s Spouse may be charged, s Definition of record, s Production of record to accused, s Application for production, s Hearing in camera, s Judge may order production of record for review, s Review of record by judge, s Judge may order production of record to accused, s Reasons for decision, s Publication prohibited, s Appeal, s (1) Kidnapping, s (1) Trafficking in persons, s Trafficking of a person under the age of eighteen years, s Material benefit, s Withholding or destroying documents, s Exploitation, s Hostage-taking, s Abduction of person under sixteen, s Abduction of person under fourteen, s Abduction in contravention of custody order, s Abduction where no custody order, s xiii (Snow s) (2016, Rel. 4)

13 SNOW S CRIMINAL CODE Defence, s Defence, s No defence, s Obtaining sexual services for consideration, s Material benefit from sexual services, s Procurring, s Advertising sexual services, s Immunity, s Procuring miscarriage, s Supplying noxious things, s [Repealed], s Bigamy, s Punishment, s Procuring feigned marriage, s Polygamy, s Forced marriage, s Marriage under age of 16 years, s Pretending to solemnize marriage, s Marriage contrary to law, s Offence, s Newspaper, s Definition, s Publishing, s Punishment of libel known to be false, s Punishment for defamatory libel, s Extortion by libel, s Proprietor of newspaper presumed responsible, s Selling book containing defamatory libel, s Publishing proceedings of courts of justice, s Parliamentary papers, s Fair reports of parliamentary or judicial proceedings, s Fair report of public meeting, s Public benefit, s Fair comment on public person or work of art, s When truth a defence, s Publication invited or necessary, s Answer to inquiries, s Giving information to person interested, s Publication in good faith for redress of wrong, s Proving publication by order of legislature, s Verdicts in cases of defamatory libel, s Advocating genocide, s Public incitement of hatred, s Warrant of seizure, s xiv

14 TABLE OF CONTENTS Warrant of seizure, s PART IX OFFENCES AGAINST RIGHTS OF PROPERTY Definitions, s Theft, s Oysters, s Theft by bailee of things under seizure, s Agent pledging goods, when not theft, s Theft of telecommunication service, s Possession of device to obtain telecommunication facility or service, s Theft by or from person having special property or interest, s [Repealed], s Theft by person required to account, s Theft by person holding power of attorney, s Misappropriation of money held under direction, s Taking ore for scientific purpose, s Motor vehicle theft, s Punishment for theft, s Taking motor vehicle or vessel or found therein without consent, s Criminal breach of trust, s Public servant refusing to deliver property, s Fraudulently taking cattle or defacing brand, s Taking possession etc., of drift timber, s Destroying documents of title, s Fraudulent concealment, s Theft, forgery, etc., of credit card, s Making, having or dealing in instruments for forging or falsifying credit cards, s Unauthorized use of computer, s Possession of device to obtain computer service, s Robbery, s Robbery, s Stopping mail with intent, s Extortion, s Criminal interest rate, s Definitions s Breaking and entering with intent, committing offence or breaking out, s Aggravating circumstance home invasion, s Being unlawfully in dwelling-house, s Entrance, s Possession of break-in instrument, s xv (Snow s) (2016, Rel. 3)

15 SNOW S CRIMINAL CODE Possession of instruments for breaking into coin-operated or currency exchange devices, s Selling, etc., automobile master key, s Tampering with vehicle identification number, s Possession of property obtained by crime, s Punishment, s Definition of traffic, s Trafficking in property obtained by crime, s In rem prohibition, s Possession of property obtained by crime trafficking, s Punishment, s Theft from mail, s Bringing into Canada property obtained by crime, s Having in possession when complete, s Evidence, s Evidence of previous conviction, s False pretence, s False pretence or false statement, s Obtaining execution of valuable security by fraud, s Fraudulently obtaining food, beverage or accommodation, s Pretending to practice witchcraft, etc., s Forgery, s Punishment for forgery, s Uttering forged document, s Forgery instruments, s Public officers acting in the course of their duties or employment, s Exchequer bill paper, public seals, etc., s Counterfeit proclamation, etc., s Telegram, etc., in false name, s False messages, s [Repealed], s Drawing document without authority, etc., s Obtaining, etc., by instrument based on forged documents, s Counterfeiting stamp, etc., s Damaging documents, s Offences in relation to registers, s PART X FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE Definitions, s Fraud, s Sentencing, s Prohibition order, s xvi

16 TABLE OF CONTENTS [Repealed], s [Repealed], s Using mails to defraud, s Fraudulent manipulation of stock exchange transactions, s Prohibited insider trading, s Gaming in stocks or merchandise, s Broker reducing stock by selling for his own account, s Fraudulent concealment of title documents, s Fraudulent registration of title, s Fraudulent sale of real property, s Misleading receipt, s Fraudulent disposal of goods on which money advanced, s Fraudulent receipts under Bank Act, s [Repealed], s Disposal of property to defraud creditors, s Fraud in relation to fares, etc., s Fraud in relation to valuable minerals, s Possession of stolen or fraudulently obtained valuable minerals, s Search for valuable minerals, s Offences in relation to mines, s Books and documents, s Falsifying employment record, s False return by public officer, s False prospectus etc., s Obtaining carriage by false billing, s Trader failing to keep accounts, s Definition of identity information, s Indentity theft, s Personation with intent, s Personation at examination, s Acknowledging instrument in false name, s Forging trade-mark, s Offence, s Passing off, s Instruments for forging trade-mark, s Other offences in relation to trade-marks, s Used goods sold without disclosure, s Punishment, s Falsely claiming royal warrant, s Presumption from port of shipment, s Offences in relation to wreck, s Distinguishing mark on public stores, s Applying or removing marks without authority, s Selling defective stores to Her Majesty, s xvii (Snow s) (2015, Rel. 7)

17 SNOW S CRIMINAL CODE Unlawful use of military uniforms or certificates, s Military stores, s Evidence of enlistment, s Criminal breach of contract, s Intimidation, s Initimidation of a justice system participant, s Threat against internationally protected person, s Threat against United Nations or associated personnel, s Offences by employers, s Threats and retaliation against employees, s Secret commissions, s Issuing trading stamps, s PART XI WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY Property, s Wilfully causing event to occur, s Mischief, s Attack on premises, residence or transport of internationally protected person, s Attack on premises, accommodation or transport of United Nations or associated personnel, s Definitions, s Unauthorized recording of a movie, s Arson, s Arson, s Arson, s Arson for fraudulent purpose, s Arson by negligence, s Possession of incendiary material, s False alarm of fire, s Interfering with saving of wrecked vessel, s Interfering with marine signal, etc., s Removing natural bar without permission, s Occupant injuring building, s Interfering with boundary lines, s Interfering with international boundary marks, etc., s Injuring or endangering cattle, s Injuring or endangering other animals, s Killing or injuring certain animals, s Causing unnecessary suffering, s Causing damage or injury, s Keeping cock-pit, s Order of prohibition or restitution, s xviii

18 TABLE OF CONTENTS PART XII OFFENCES RELATING TO CURRENCY Definitions, s Making, s Possession, etc., of counterfeit money, s Having clippings, etc., s Uttering, etc., counterfeit money, s Uttering coin, s Slugs and tokens, s Clipping and uttering clipped coin, s Defacing current coins, s Likeness of bank-notes, s Making, having or dealing in instruments for counterfeiting, s Conveying instruments for coining out of mint, s Advertising and dealing in counterfeit money, etc., s When counterfeit complete, s Ownership, s PART XII.1 INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE Consume, s Offence, s PART XII.2 PROCEEDS OF CRIME Definitions, s Laundering proceeds of crime, s Special search warrant, s Application for restraint order, s Management order, s Application for review of special warrants and restraint orders, s Application of property restitution provisions, s Expiration of special warrants and restraint orders, s Forwarding to clerk where accused to stand trial, s Order of forfeiture of property on conviction, s Definition of order, s Application for forfeiture, s Inference, s Voidable transfers, s Notice, s Application by person claiming interest for relief from forfeiture, s xix (Snow s) (2015, Rel. 5)

19 SNOW S CRIMINAL CODE Residual disposal of property seized or dealt with pursuant to special warrants or restraint orders, s Appeals from certain orders, s Suspension of forfeiture pending appeal, s Copies of documents returned or forfeited, s No civil or criminal liability incurred by informants, s Definition of designated substance offence, s Specific forfeiture provisions unaffected by this Part, s Regulations, s PART XIII ATTEMPTS CONSPIRACIES ACCESSORIES Attempts, accessories, s Counselling offence that is not committed, s Conspiracy, s Conspiracy in restraint of trade, s Saving, s Definitions, s Participation in activities of criminal organization, s Recruitment of members by a criminal organization, s Commission of offence for criminal organization, s Instructing commission of offence for criminal organization, s Sentences to be served consecutively, s Powers of the Attorney General of Canada, s Volume 2 Criminal Code, Part XIV Criminal Code, Part XV Criminal Code, Part XVI Criminal Code, Part XVII Criminal Code, Part XVIII Criminal Code, Part XIX Criminal Code, Part XX Criminal Code, Part XXI Criminal Code, Part XXII Criminal Code, Part XVIII Criminal Code, Part XIX Criminal Code, Part XX Criminal Code, Part XXI Criminal Code, Part XXII Criminal Code, Part XXIII Criminal Code, Part XXIV Criminal Code, Part XXV xx

20 TABLE OF CONTENTS Criminal Code, Part XXVI Criminal Code, Part XXVII Criminal Code, Part XXVIII CANADA EVIDENCE ACT CHARTER OF RIGHTS AND FREEDOMS Volume 3 YOUTH CRIMINAL JUSTICE ACT YOUNG OFFENDERS ACT CONTROLLED DRUGS AND SUBSTANCES ACT NARCOTIC CONTROL ACT FOOD AND DRUGS ACT DNA IDENTIFICATION ACT FIREARMS ACT MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT Forms of Charges... FC-1 Index... 1 xxi (Snow s) (2015, Rel. 3)

21 TABLE OF CONTENTS Volume 1 Charter Alert... ALERT-1 Table of Cases... TC-1 Reference Tables... xiii CRIMINAL CODE... 1 Volume 2 Criminal Code PART XIV JURISDICTION Superior court of criminal jurisdiction, s Court of criminal jurisdiction, s Jurisdiction over person, s Trial by jury compulsory, s [Repealed], s Trial without jury, s Adjournment when no jury summoned, s Accused absconding during trial, s Special jurisdictions, s Definition of ship, s Offences outside of Canada, s Consent of Attorney General of Canada, s Exercising powers of arrest, entry, etc., s Evidence, s Offence committed entirely in one province, s Offence outstanding in same province, s Offence in unorganized territory, s Offence not in a province, s Offence in Canadian waters, s Offence outside Canada, s Appearance of accused at trial, s Power to make rules, s Power to make rules respecting case management, s PART XV SPECIAL PROCEDURE AND POWERS Officials with powers of two justices, s iii (Snow s) (2016, Rel. 6)

22 SNOW S CRIMINAL CODE Preserving order in court, s Procedural irregularities, s Recommencement where dismissal for want of prosecution, s Exclusion of public in certain cases, s Support person witnesses under 18 or who have a disability, s Testimony outside court room witnesses under 18 or who have a disability, s Accused not to cross-examine witness under 18, s Non-disclosure of witness identity, s Order restricting publication sexual offences, s Order restricting publication victims and witnesses, s Offence, s Security of witnesses, s Information for search warrant, s Information for general warrant, s Definitions, s Production order, s Production order financial or commercial information, s Power of peace officer, s Application for exemption, s Self-incrimination, s Offence, s Production order, s Conditions in preservation and production orders, s Order prohibiting disclosure, s Particulars, s Application for review of production order, s Destruction of preserved computer data and documents, s For greater certainty, s Self-incrimination, s Offence preservation demand, s Offence preservation or production order, s Offence destruction of preserved data, s Assistance order, s Review, s Execution in another province, s Definitions, s Information for warrant to obtain bodily substances..., s Order, s [Repealed], s Timing of order, s Appeal, s Offenders serving sentences, s iv

23 CRIMINAL CODE TABLE OF CONTENTS Failure to appear, s Failure to comply with order or summons, s When collection to take place, s Report of peace officer, s No criminal or civil liability, s Investigative procedures, s Duty to inform, s Verification, s Use of bodily substances-warrant, s Destruction of bodily substances, etc., warrant s Information for impression warrant, s Telewarrants, s Where warrant not necessary, s Restriction on publication, s Order denying access to information s Execution of search warrant, s Definitions, s Seizure of things not specified, s Restitution of property or report by peace officer, s Detention of things seized, s Perishable things, s Definitions, s Order, s Date order begins, s Appeal, s Application for termination order, s Termination order, s Appeal, s Requirements related to notice, s Obligation to comply, s Persons who may be served, s Period for and method of service, s Date obligation begins, s Application for exemption order, s Appeal, s Requirements relating to a notice, s Application for termination order, s Termination order, s Deemed application, s Appeal, s Obligation, s Persons who may be served, s Period for and method of service, s v (Snow s) (2016, Rel. 8)

24 SNOW S CRIMINAL CODE When obligation begins, s Application for exemption order, s Appeal, s Requirements relating to notice, s Application for termination, s Termination order, s Appeal, s Obligation to advise police service, s Application for termination order, s Termination order, s Appeal, s Notice before release, s Disclosure by Commissioner, s Offence, s Offence, s Offence, s Regulations, s Order of forfeiture of property on conviction, s Application for in rem forfeiture, s Voidable transfers, s Notice, s Notice, s Application, s Appeals from orders under subsection 490.2(2), s Suspension of order pending appeal, s Application for restraint order, s Management order, s Sections and 490 applicable, s Forfeiture of weapons and ammunition, s Order for restitution or forfeiture of property obtained by crime, s Photographic evidence, s Seizure of explosives, s Information for tracking warrant, s Information re number recorder, s PART XVI COMPELLING APPEARANCE OF ACCUSED BEFORE A JUSTICE AND INTERIM RELEASE Definitions, s Arrest without warrant by any person, s Arrest without warrant by peace officer, s Issue of appearance notice by peace officer, s Release from custody by peace officer, s Release from custody by officer in charge, s vi

25 CRIMINAL CODE TABLE OF CONTENTS Release from custody by officer in charge where arrest made with warrant, s Money or other valuable security to be deposited with justice, s Contents of appearance notice, promise to appear and recognizance, s Failure to appear, s Taking before justice, s In what cases justice may receive information, s Time within which information to be laid in certain cases, s Form, s Justice to hear informant and witnesses, s Referral when private prosecution, s Justice to hear informant and witnesses, s Information laid otherwise than in person, s Summons, s Failure to appear, s Contents of warrant to arrest, s Certain actions not to preclude issue of warrant, s Formalities of warrant, s Execution of warrant, s Order of release, s Variation of undertaking or recognizance, s Remand in custody, s Order directing matters not to be published for specified period, s Inquiries to be made by justice and evidence, s Release of accused, s Review of order, s Review of order, s Interim release by judge only, s Period for which appearance notice, etc., continues in force, s Issue of warrant for arrest of accused, s Time for application to judge, s Directions for expediting proceedings, s Procuring attendance, s Endorsing warrant, s Including authorization to enter in warrant of arrest, s Warrant to enter dwelling-house, s Reasonable terms and conditions, s Authority to enter dwelling-house without warrant, s Omitting announcement before entry, s Telewarrant, s vii (Snow s) (2016, Rel. 8)

26 SNOW S CRIMINAL CODE PART XVII LANGUAGE OF ACCUSED Language of accused, s Translation of documents, s Where order granted under section 530, s Language used in proceeding, s Change of venue, s Saving, s Regulations, s Review, s [Repealed], s PART XVIII PROCEDURE ON PRELIMINARY INQUIRY Inquiry by justice, s Remand by justice to provincial court judge in certain cases, s Remand by justice Nunavut, s Elections and re-elections in writing, s Statement of issues and witnesses, s Order for hearing, s Agreement to limit scope of preliminary inquiry, s Powers of justice, s Organization, s Order restricting publication of evidence taken at preliminary inquiry, s Taking evidence, s Hearing of witnesses, s Confession or admission of accused, s Order that accused appear or be taken before justice where offence committed, s Accused absconding during inquiry, s Witness refusing to be examined, s Irregularity or variance not to affect validity, s Adjournment if accused misled, s Inability of justice to continue, s Order to stand trial or discharge, s Order to stand trial at any stage of inquiry with consent, s Recognizance of witness, s Transmitting record, s PART XIII.1 CASE MANAGEMENT JUDGE Appointment, s viii

27 CRIMINAL CODE TABLE OF CONTENTS Role, s Powers before evidence on merits presented, s Information relevant to presentation of evidence on merits, s Trial continuous, s Issues referenced to case management judge, s Decision whether to hold joint hearing, s PART XIX INDICTABLE OFFENCES TRIAL WITHOUT JURY Definitions, s Absolute jurisdiction, s Trial by provincial court judge with consent, s Provincial court judge may decide to hold preliminary inquiry, s Decision to hold preliminary inquiry Nunavut, s Organization, s Taking evidence, s Trial by judge without a jury, s Court of record, s Duty of judge, s Right to re-elect, s Right to re-elect with consent Nunavut, s Proceedings following re-election, s Proceedings following re-election Nunavut, s Proceedings on re-election to be tried by provincial court judge without jury, s Proceedings on re-election to be tried by judge without jury Nunavut, s [Repealed], s Election deemed to have been made, s Indictment, s Indictment Nunavut, s Mode of trial if two or more accused, s Mode of trial where two or more accused Nunavut, s Attorney General may require trial by jury, s Attorney General may require trial by jury Nunavut, s Record of conviction or order, s Adjournment, s Application of Parts XVI, XVIII, XX and XXIII, s PART XIX. 1 NUNAVUT COURT OF JUSTICE Nunavut Court of Justice, s Application for review Nunavut, s Habeas Corpus, s ix (Snow s) (2015, Rel. 6)

28 SNOW S CRIMINAL CODE PART XX PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS [Repealed], s Prosecutor may prefer indictment, s [Repealed], s Indictment, s Direct indictments, s Summons or warrant, s Attorney General may direct stay, s When Attorney General does not stay proceedings, s Intervention by Attorney General of Canada, s Form of indictment, s Substance of offence, s High treason and first degree murder, s Certain omissions not grounds for objection, s Sufficiency of count charging libel, s Sufficiency of count charging perjury, etc., s Sufficiency of count relating to fraud, s What may be ordered, s Ownership, s Count for murder, s Offences may be charged in the alternative, s Joinder of counts, s Accessories after the fact, s Trial of persons jointly, s [Repealed], s [Repealed], s [Repealed], s Bench warrant, s Election deemed to be waived, s Reasons for change of venue, s Order is authority to remove prisoner, s Amending defective indictment or count, s [Repealed], s Right of accused, s [Repealed], s Release of exhibits for testing, s Pleas permitted, s Special pleas, s Evidence of identity of charges, s What determines identity, s Circumstances of aggravation, s Libel, plea of justification, s Plea of justification necessary, s x