SUMMARY TABLE OF CONTENTS

Transcription

1 SUMMARY TABLE OF CONTENTS Criminal Code...1 Can. Reg. SI/ Can. Reg. SI/ Can. Reg Can. Reg Can. Reg Can. Reg Can. Reg Can. Reg. SI/ Can. Reg. SI/ Can. Reg Can. Reg Canada Evidence Act Can. Reg Canadian Bill of Rights Canadian Victims Bill of Rights Constitution Act, Controlled Drugs and Substances Act Criminal Records Act DNA Identification Act Extradition Act Firearms Act Can. Reg Can. Reg Identification of Criminals Act Interpretation Act An Act respecting the manadory reporting of Internet child pornography by persons who provide an Internet service Can. Reg Motor Vehicle Transport Act Sex Offender Information Registration Act Youth Criminal Justice Act vii

2 Summary Table of Contents Forms of Charges Index...I-1 viii

3 TABLE OF CONTENTS CRIMINAL CODE SHORT TITLE 1 Short title...3 INTERPRETATION (SS. 2 3) 2 Definitions Further definitions firearms Acting on victim s behalf Descriptive cross references...15 PART I (SS ) General 3.1 Effect of judicial acts Postcard a chattel, value Canadian Forces not affected Presumption of innocence Offences committed on aircraft Application to territories Criminal offences to be under law of Canada Appeal Civil remedy not suspended Offence punishable under more than one Act Child under twelve Consent to death Obedience to de facto law Defence of mental disorder Compulsion by threats Compulsion of spouse Ignorance of the law Certain acts on holidays valid...30 Parties to Offences 21 Parties to offence Person counselling offence Offences of negligence organizations Other offences organizations Accessory after the fact Where one party cannot be convicted Attempts...31 Protection of Persons Administering and Enforcing the Law 25 Protection of persons acting under authority...32 ix

4 25.1 Definitions Public officer to file report Annual report Written notification to be given Excessive force Use of force to prevent commission of offence Use of force on board an aircraft Arrest of wrong person Duty of person arresting Preventing breach of peace Arrest for breach of peace...38 Suppression of Riots 32 Use of force to suppress riot Duty of officers if rioters do not disperse...39 Self-Induced Intoxication 33.1 When defence not available...40 Defence of Person 34 Defence use or threat of force Defence of Property 35 Defence property and 37 [Repealed 2012, c. 9, s. 2.] to 42 [Repealed 2012, c. 9, s. 2.]...42 Protection of Persons in Authority 43 Correction of child by force [Repealed 2001, c. 26, s. 294.] Surgical operations...42 PART II OFFENCES AGAINST PUBLIC ORDER (SS ) Treason and other Offences against the Queen s Authority and Person 46 High treason Punishment for high treason Limitation...44 Prohibited Acts 49 Acts intended to alarm Her Majesty or break public peace Assisting alien enemy to leave Canada, or omitting to prevent treason Intimidating Parliament or legislature Sabotage Inciting to mutiny Assisting deserter Evidence of overt acts Offences in relation to members of R.C.M.P Official Documents [Heading amended 2009, c. 28, s. 1.] 56.1 Identity documents...46 x

5 57 Forgery of or uttering forged passport Fraudulent use of certificate of citizenship...48 Sedition 59 Seditious words Exception Punishment of seditious offences Offences in relation to military forces...49 Unlawful Assemblies and Riots 63 Unlawful assembly Riot Punishment of rioter Punishment for unlawful assembly Reading proclamation Offences related to proclamation Neglect by peace officer...51 Unlawful Drilling 70 Orders by Governor in Council...51 Duels 71 Duelling...52 Forcible Entry and Detainer 72 Forcible entry Punishment...52 Piracy 74 Piracy by law of nations Piratical acts...53 Offences Against Air or Maritime Safety 76 Hijacking Endangering safety of aircraft or airport Offensive weapons and explosive substances Seizing control of ship or fixed platform...54 Dangerous Materials and Devices 79 Duty of care re explosive Breach of duty Using explosives Possession without lawful excuse Sentences to be served consecutively Definition of device Possession, etc., of nuclear material, radioactive material or device Use or alteration of nuclear material, radioactive material or device Commission of indictable offence to obtain nuclear material, etc Threats Armed forces...57 Prize Fights 83 Engaging in prize fight...57 xi

6 PART II.1 TERRORISM (SS ) Interpretation [Heading added 2001, c. 41, s. 4.] Definitions...58 Financing of Terrorism [Heading added 2001, c. 41, s. 4.] Providing or collecting property for certain activities Providing, making available, etc., property or services for terrorist purposes Using or possessing property for terrorist purposes...61 List of Entities [Heading added 2001, c. 41, s. 4.] Establishment of list Admission of foreign information obtained in confidence Mistaken identity...63 Freezing of Property [Heading added 2001, c. 41, s. 4.] Freezing of property Exemptions Disclosure Audit Offences freezing of property, disclosure or audit Seizure and Restraint of Property [Heading added 2001, c. 41, s. 4.] Seizure and restraint of assets...66 Forfeiture of Property [Heading added 2001, c. 41, s. 4.] Application for order of forfeiture Disposition of property Interim preservation rights Other forfeiture provisions unaffected...71 Participating, Facilitating, Instructing and Harbouring [Heading added 2001, c. 41, s. 4.] Participation in activity of terrorist group Leaving Canada to participate in activity of terrorist group Facilitating terrorist activity Leaving Canada to facilitate terrorist activity Commission of offence for terrorist group Leaving Canada to commit offence for terrorist group Leaving Canada to commit offence that is terrorist activity Instructing to carry out activity for terrorist group...73 xii

7 83.22 Instructing to carry out terrorist activity Advocating or promoting commission of terrorism offences Warrant of seizure Order to computer system s custodian Concealing person who carried out terrorist activity Hoax Regarding Terrorist Activity [Heading added 2004, c. 15, s. 32.] Hoax terrorist activity...77 Proceedings and Aggravated Punishment [Heading added 2001, c. 41, s. 4.] Attorney General s consent Jurisdiction Sentences to be served consecutively Punishment for terrorist activity...78 Investigative Hearing [Heading added 2001, c. 41, s. 4.] Definition of judge Arrest warrant...80 Recognizance with Conditions [Heading added 2001, c. 41, s. 4.] 83.3 Attorney General s consent Annual report (sections and 83.29) Sunset provision Transitional provision sections and PART III FIREARMS AND OTHER WEAPONS (SS ) Interpretation 84 Definitions...87 Use Offences 85 Using firearm in commission of offence Careless use of firearm, etc Pointing a firearm...92 Possession Offences 88 Possession of weapon for dangerous purpose Carrying weapon while attending public meeting Carrying concealed weapon Unauthorized possession of firearm [Repealed 1995, c. 39, s. 139.] Possession of firearm knowing its possession is unauthorized Possession at unauthorized place Unauthorized possession in motor vehicle Possession of prohibited or restricted firearm with ammunition...97 xiii

8 96 Possession of weapon obtained by commission of offence [Repealed 1995, c. 39, s. 139.] Breaking and entering to steal firearm Robbery to steal firearm...98 Trafficking Offences 99 Weapons trafficking Possession for purpose of weapons trafficking Transfer without authority Assembling Offence 102 Making automatic firearm Export and Import Offences 103 Importing or exporting knowing it is unauthorized Unauthorized importing or exporting Offences relating to Lost, Destroyed or Defaced Weapons, etc. 105 Losing or finding Destroying False statements Tampering with serial number Prohibition Orders 109 Mandatory prohibition order [Repealed 1995, c. 39, s. 139.] Discretionary prohibition order Definition of intimate partner Application for prohibition order Revocation of prohibition order under s. 111(5) Lifting of prohibition order for sustenance or employment Requirement to surrender Forfeiture Authorizations revoked or amended Return to owner Possession contrary to order Limitations on Access Application for order Revocation of order under s Search and Seizure Search and seizure without warrant where offence committed Seizure on failure to produce authorization Application for warrant to search and seize Application for disposition Where no finding or application Exempted Persons Public officers Individuals acting for police force, Canadian Forces and visiting forces xiv

9 Employees of business with licence Restriction General Onus on the accused Authorizations, etc. as evidence Certificate of analyst Amnesty period Regulations PART IV OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE (SS ) Interpretation 118 Definitions Corruption and Disobedience 119 Bribery of judicial officers, etc Bribery of officers Frauds on the government Selling, etc., of tobacco products and raw leaf tobacco Breach of trust by public officer Municipal corruption Selling or purchasing office Influencing or negotiating appointments or dealing in offices Disobeying a statute Disobeying order of court Misconduct of officers executing process Offences relating to public or peace officer Personating peace officer Aggravating circumstance Misleading Justice 131 Perjury Punishment Corroboration Idem [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 17.] Witness giving contradictory evidence Fabricating evidence Offences relating to affidavits Obstructing justice Public mischief Compounding indictable offence Corruptly taking reward for recovery of goods Advertising reward and immunity Escapes and Rescues 144 Prison breach Escape and being at large without excuse Permitting or assisting escape xv

10 147 Rescue or permitting escape Assisting prisoner of war to escape Service of term for escape PART V SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT (SS ) Interpretation 150 Definitions Sexual Offences Consent no defence Sexual interference Invitation to sexual touching Sexual exploitation Sexual exploitation of person with disability [Repealed R.S.C. 1985, c. 19 (3rd Supp.), s. 1.] Incest to 158 [Repealed R.S.C. 1985, c. 19 (3rd Supp.), s. 2.] Anal intercourse Bestiality Order of prohibition Voyeurism Publication, etc., of an intimate image without consent Prohibition order Offences Tending to Corrupt Morals 163 Corrupting morals Definition of child pornography Warrant of seizure Warrant of seizure Forfeiture after conviction Relief from forfeiture Tied sale [Repealed 1994, c. 44, s. 9.] Immoral theatrical performance Mailing obscene matter Punishment Parent or guardian procuring sexual activity Householder permitting prohibited sexual activity Making sexually explicit material available to child Corrupting children Luring a child Disorderly Conduct Agreement or arrangement sexual offence against child Indecent acts Nudity Causing disturbance, indecent exhibition, loitering, etc xvi

11 176 Obstructing or violence to or arrest of officiating clergyman Trespassing at night Offensive volatile substance Vagrancy Nuisances 180 Common nuisance Spreading false news Dead body PART VI INVASION OF PRIVACY (SS ) Definitions 183 Definitions Consent to interception Interception of Communications 184 Interception Interception to prevent bodily harm Interception with consent Application by means of telecommunication Immediate interception imminent harm Interception of radio-based telephone communications One application for authorization sufficient Application for authorization Judge to be satisfied Time limitation in relation to criminal organizations and terrorism offences Manner in which application to be kept secret Applications to specially appointed judges Execution of authorizations No civil or criminal liability Notice of intention to produce evidence Further particulars Possession, etc Forfeiture Disclosure of information Disclosure of information received from interception of radiobased telephone communications Damages Annual report Written notification to be given Written notice interception in accordance with section PART VII DISORDERLY HOUSES, GAMING AND BETTING (SS ) Interpretation 197 Definitions Presumptions 198 Presumptions xvii

12 Search 199 Warrant to search Obstruction 200 [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 30.] Gaming and Betting 201 Keeping gaming or betting house Betting, pool-selling, book-making, etc Placing bets on behalf of others Exemption [Repealed R.S.C. 1985, c. 52 (1st Supp.), s. 1.] Offence in relation to lotteries and games of chance Permitted lotteries Exemption lottery scheme on an international cruise ship [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 32.] Cheating at play Bawdy-houses 210 Keeping common bawdy-house Transporting person to bawdy-house [Repealed 2014, c. 25, s. 13.] Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration [Heading amended 2014, c. 25, s. 14.] 213 Stopping or impeding traffic PART VIII OFFENCES AGAINST THE PERSON AND REPUTATION (SS ) Interpretation 214 Definitions Duties Tending to Preservation of Life 215 Duty of persons to provide necessaries Duty of persons undertaking acts dangerous to life Duty of persons undertaking acts Duty of persons directing work Abandoning child Criminal Negligence 219 Criminal negligence Causing death by criminal negligence Causing bodily harm by criminal negligence Homicide 222 Homicide When child becomes human being Death which might have been prevented Death from treatment of injury Acceleration of death Exemption for medical assistance in dying xviii

13 228 Killing by influence on the mind Murder, Manslaughter and Infanticide 229 Murder Murder in commission of offences Classification of murder Murder reduced to manslaughter Infanticide Manslaughter Punishment for murder Manslaughter Punishment for infanticide Killing unborn child in act of birth Attempt to commit murder Accessory after fact to murder Suicide 241 Counselling or aiding suicide Medical Assistance in Dying [Heading added 2016, c. 3, s. 3.] Definitions Eligibility for medical assistance in dying Failure to comply with safeguards Filing information medical practitioner or nurse practitioner Forgery Neglect in Child-birth and Concealing Dead Body 242 Neglect to obtain assistance in child-birth Concealing body of child Bodily Harm and Acts and Omissions Causing Danger to the Person 244 Discharging firearm with intent Causing bodily harm with intent air gun or pistol Discharging firearm recklessness Administering noxious thing Overcoming resistance to commission of offence Traps likely to cause bodily harm Interfering with transportation facilities Motor Vehicles, Vessels and Aircraft 249 Dangerous operation of motor vehicles, vessels and aircraft Flight Causing death by criminal negligence (street racing) Causing bodily harm by criminal negligence (street racing) Dangerous operation of motor vehicle while street racing xix

14 250 Failure to keep watch on person towed Unseaworthy vessel and unsafe aircraft Failure to stop at scene of accident Operation while impaired Definitions Regulations Punishment Aggravating circumstances for sentencing purposes Warrants to obtain blood samples No offence committed Proceedings under section Unauthorized use of bodily substance Mandatory order of prohibition Proceedings on making of prohibition order Stay of order pending appeal Impeding attempt to save life Duty to safeguard opening in ice Criminal harassment Assaults Uttering threats Assault Assault Assault with a weapon or causing bodily harm Aggravated assault Unlawfully causing bodily harm Aggravating circumstance assault against a public transit operator Torture Assaulting a peace officer Assaulting peace officer with weapon or causing bodily harm Aggravated assault of peace officer Sentences to be served consecutively Disarming a peace officer Sexual assault Sexual assault with a weapon, threats to a third party or causing bodily harm Aggravated sexual assault Meaning of consent Where belief in consent not a defence Removal of child from Canada Corroboration not required Rules respecting recent complaint abrogated Evidence of complainant s sexual activity Application for hearing Jury and public excluded Publication prohibited Judge to instruct jury re use of evidence Appeal xx

15 277 Reputation evidence Spouse may be charged Definition of record Production of record to accused Application for production Hearing in camera Judge may order production of record for review Review of record by judge Judge may order production of record to accused Reasons for decision Publication prohibited Appeal Kidnapping, Trafficking in Persons, Hostage Taking and Abduction [Heading amended 2005, c. 43, s. 2.] 279 Kidnapping Trafficking in persons Trafficking of a person under the age of eighteen years Material benefit trafficking Withholding or destroying documents trafficking Exploitation [Proposed] Sentences to be served consecutively Hostage taking Abduction of person under sixteen Abduction of person under fourteen Abduction in contravention of custody order Abduction Defence Defence No defence Commodification of Sexual Activity [Heading added 2014, c. 25, s. 20.] Obtaining sexual services for consideration Material benefit from sexual services Procuring Advertising sexual services Immunity material benefit and advertising Abortion 287 Procuring miscarriage Supplying noxious things Venereal Diseases 289 [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 41.] Offences Against Conjugal Rights 290 Bigamy Punishment Procuring feigned marriage xxi

16 293 Polygamy Forced marriage Marriage under age of 16 years Unlawful Solemnization of Marriage 294 Pretending to solemnize marriage Marriage contrary to law Blasphemous Libel 296 Offence Defamatory Libel 297 Definition of newspaper Definition Publishing Punishment of libel known to be false Punishment for defamatory libel Extortion by libel Proprietor of newspaper presumed responsible Selling book containing defamatory libel Publishing proceedings of courts of justice Parliamentary papers Fair reports of Parliamentary or judicial proceedings Fair report of public meeting Public benefit Fair comment on public person or work of art When truth a defence Publication invited or necessary Answer to inquiries Giving information to person interested Publication in good faith for redress of wrong Proving publication by order of legislature Verdicts 317 Verdicts in cases of defamatory libel Hate Propaganda 318 Advocating genocide Public incitement of hatred Warrant of seizure Warrant of seizure PART IX OFFENCES AGAINST RIGHTS OF PROPERTY (SS ) Interpretation 321 Definitions Theft 322 Theft Oysters Theft by bailee of things under seizure Agent pledging goods, when not theft Theft of telecommunication service xxii

17 327 Possession, etc., of device to obtain use of telecommunication facility or telecommunication service Theft by or from person having special property or interest [Repealed 2000, c. 12, s. 94.] Theft by person required to account Theft by person holding power of attorney Misappropriation of money held under direction Taking ore for scientific purpose Motor vehicle theft Punishment for theft Offences Resembling Theft 335 Taking motor vehicle or vessel or found therein without consent Criminal breach of trust Public servant refusing to deliver property Fraudulently taking cattle or defacing brand Taking possession, etc., of drift timber Destroying documents of title Fraudulent concealment Theft, forgery, etc., of credit card Instruments for copying credit card data or forging or falsifying credit cards Unauthorized use of computer Possession of device to obtain unauthorized use of computer system or to commit mischief Robbery and Extortion 343 Robbery Robbery Stopping mail with intent Extortion Criminal Interest Rate 347 Criminal interest rate Definitions Breaking and Entering 348 Breaking and entering with intent, committing offence or breaking out Aggravating circumstance home invasion Being unlawfully in dwelling-house Entrance Possession of break-in instrument Possession of instruments for breaking into coin-operated or currency exchange devices Selling, etc., automobile master key Tampering with vehicle identification number xxiii

18 Possession and Trafficking [Heading amended 2010, c. 14, s. 5.] 354 Possession of property obtained by crime Punishment Definition of traffic Trafficking in property obtained by crime In rem prohibition Possession of property obtained by crime trafficking Punishment Theft from mail Bringing into Canada property obtained by crime Having in possession when complete Evidence Evidence of previous conviction False Pretences 361 False pretence False pretence or false statement Obtaining execution of valuable security by fraud Fraudulently obtaining food, beverage or accommodation Pretending to practise witchcraft, etc Forgery and Offences Resembling Forgery 366 Forgery Punishment for forgery Use, trafficking or possession of forged document Forgery instruments Public officers acting in the course of their duties or employment Exchequer bill paper, public seals, etc Counterfeit proclamation, etc Message in false name False information [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 53.] Drawing document without authority, etc Obtaining, etc., by instrument based on forged document Counterfeiting stamp, etc Damaging documents Offences in relation to registers PART X FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE (SS ) Interpretation 379 Definitions Fraud 380 Fraud Sentencing aggravating circumstances xxiv

19 380.2 Prohibition order and [Repealed 2015, c. 13, s. 11.] Using mails to defraud Fraudulent manipulation of stock exchange transactions Prohibited insider trading Gaming in stocks or merchandise Broker reducing stock by selling for his own account Fraudulent concealment of title documents Fraudulent registration of title Fraudulent sale of real property Misleading receipt Fraudulent disposal of goods on which money advanced Fraudulent receipts under Bank Act [Repealed 2003, c. 21, s. 6.] Disposal of property to defraud creditors Fraud in relation to fares, etc Fraud in relation to valuable minerals Possession of stolen or fraudulently obtained valuable minerals Search for valuable minerals Offences in relation to mines Falsification of Books and Documents 397 Books and documents Falsifying employment record False return by public officer False prospectus, etc Obtaining carriage by false billing Trader failing to keep accounts Identity Theft and Identity Fraud [Heading amended 2009, c. 28, s. 10.] Definition of identity information Identity theft Identity fraud Personation at examination Acknowledging instrument in false name Forgery of Trade-marks and Trade Descriptions 406 Forging trade-mark Offence Passing off Instruments for forging trade-mark Other offences in relation to trade-marks Used goods sold without disclosure Punishment Falsely claiming royal warrant Presumption from port of shipment xxv

20 Wreck 415 Offences in relation to wreck Public Stores 416 Distinguishing mark on public stores Applying or removing marks without authority Selling defective stores to Her Majesty Unlawful use of military uniforms or certificates Military stores Evidence of enlistment Breach of Contract, Intimidation and Discrimination Against Trade Unionists 422 Criminal breach of contract Intimidation Intimidation of a justice system participant or a journalist Threat against internationally protected person Threat against United Nations or associated personnel Offences by employers Threats and retaliation against employees Secret Commissions 426 Secret commissions Trading Stamps 427 Issuing trading stamps PART XI WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY (SS ) Interpretation 428 Property Wilfully causing event to occur Mischief 430 Mischief Attack on premises, residence or transport of internationally protected person Attack on premises, accommodation or transport of United Nations or associated personnel Definitions Unauthorized recording of a movie Arson and Other Fires 433 Arson disregard for human life Arson damage to property Arson own property Arson for fraudulent purpose Arson by negligence Possession of incendiary material Other Interference with Property 437 False alarm of fire xxvi

21 438 Interfering with saving of wrecked vessel Interfering with marine signal, etc Removing natural bar without permission Occupant injuring building Interfering with boundary lines Interfering with international boundary marks, etc Cattle and Other Animals 444 Injuring or endangering cattle Injuring or endangering other animals Killing or injuring certain animals Cruelty to Animals [Heading added 2008, c. 12, s. 1.] Causing unnecessary suffering [Heading repealed 2008, c. 12, s. 1.] 446 Causing damage or injury Keeping cockpit Order of prohibition or restitution PART XII OFFENCES RELATING TO CURRENCY (SS ) Interpretation 448 Definitions Making 449 Making Possession 450 Possession, etc., of counterfeit money Having clippings, etc Uttering 452 Uttering, etc., counterfeit money Uttering coin Slugs and tokens Defacing or Impairing 455 Clipping and uttering clipped coin Defacing current coins Likeness of bank-notes Instruments or Materials 458 Making, having or dealing in instruments for counterfeiting Conveying instruments for coining out of mint Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value 460 Advertising and dealing in counterfeit money, etc Special Provisions as to Proof 461 When counterfeit complete Forfeiture 462 Ownership xxvii

22 PART XII.1 INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE (SS , 462.2) Interpretation Definitions Offence Offence PART XII.2 PROCEEDS OF CRIME (SS ) Interpretation Definitions Offence Laundering proceeds of crime Search, Seizure and Detention of Proceeds of Crime Special search warrant Application for restraint order Management order Application for review of special warrants and restraint orders Application of property restitution provisions Expiration of special warrants and restraint orders Forwarding to clerk where accused to stand trial Forfeiture of Proceeds of Crime Order of forfeiture of property on conviction Definition of order Application for forfeiture Inference Voidable transfers Notice Application by person claiming interest for relief from forfeiture Residual disposal of property seized or dealt with pursuant to special warrants or restraint orders Appeals from certain orders Suspension of forfeiture pending appeal Copies of documents returned or forfeited Disclosure Provisions No civil or criminal liability incurred by informants Definition of designated substance offence Specific Rules of Forfeiture Specific forfeiture provisions unaffected by this part Regulations Regulations PART XIII ATTEMPTS CONSPIRACIES ACCESSORIES (SS ) 463 Attempts, accessories xxviii

23 464 Counselling offence that is not committed Conspiracy Conspiracy in restraint of trade Saving Definitions Participation in activities of criminal organization Recruitment of members by a criminal organization Commission of offence for criminal organization Instructing commission of offence for criminal organization Sentences to be served consecutively Powers of the Attorney General of Canada PART XIV JURISDICTION (SS ) General 468 Superior court of criminal jurisdiction Court of criminal jurisdiction Jurisdiction over person Trial by jury compulsory [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 63.] Trial without jury Adjournment when no jury summoned Accused absconding during trial Special Jurisdiction 476 Special jurisdictions Definition of ship Offences outside of Canada Consent of Attorney General of Canada Exercising powers of arrest, entry, etc Evidence Offence committed entirely in one province Offence outstanding in same province Offence in unorganized territory Offence not in a province Offence in Canadian waters Offence outside Canada Appearance of accused at trial Rules of Court 482 Power to make rules Power to make rules respecting case management PART XV SPECIAL PROCEDURE AND POWERS (SS ) General Powers of Certain Officials 483 Officials with powers of two justices Preserving order in court Procedural irregularities Recommencement where dismissal for want of prosecution xxix

24 486 Exclusion of public Support person witnesses under 18 or who have a disability Testimony outside court room witnesses under 18 or who have a disability Accused not to cross-examine witnesses under Non-disclosure of witness identity Order restricting publication sexual offences Order restricting publication victims and witnesses Offence Security of witnesses Information for search warrant Information for general warrant Definitions Preservation demand Preservation order computer data General production order Production order to trace specified communication Production order transmission data Production order tracking data Production order financial data Conditions in preservation and production orders Order prohibiting disclosure Particulars production orders Application for review of production order Destruction of preserved computer data and documents preservation demand For greater certainty Self-incrimination Offence preservation demand Offence preservation or production order Offence destruction of preserved data Assistance order Review Execution in another province Forensic DNA Analysis Definitions Information for warrant to take bodily substances for forensic DNA analysis Order primary designated offences [Repealed 2005, c. 25, s. 4. Amended 2007, c. 22, s. 3.] Timing of order Appeal Offenders serving sentences Failure to appear Failure to comply with order or summons When collection to take place xxx

25 Report of peace officer No criminal or civil liability Investigative procedures Duty to inform Verification Use of bodily substances warrant Destruction of bodily substances, etc. warrant Collection of additional bodily substances Review by Attorney General Information for impression warrant Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders [Heading added 1995, c. 27, s. 1. Amended 2014, c. 31, s. 21.] Telewarrants Where warrant not necessary Restriction on publication Order denying access to information Execution of search warrant Definitions Seizure of things not specified Restitution of property or report by peace officer Detention of things seized Perishable things Sex Offender Information [Heading added 2004, c. 10, s. 20.] Interpretation [Heading added 2004, c. 10, s. 20.] Definitions Order to Comply with the Sex Offender Information Registration Act [Heading added 2004, c. 10, s. 20. Amended 2007, c. 5, s. 12.] Order Date order begins Appeal Application for termination order Termination order Appeal Requirements relating to notice Notice and Obligation to Comply with the Sex Offender Information Registration Act Convictions Before December 15, 2004 [Heading added 2004, c. 10, s. 20. Amended 2007, c. 5, s. 19; 2010, c. 17, s. 12.] Obligation to comply Persons who may be served Period for and method of service xxxi

26 Date obligation begins Application for exemption order Appeal Requirements relating to notice Application for termination order Termination order Deemed application Appeal Notice and Obligation to Comply with the Sex Offender Information Registration Act Convictions Outside Canada [Heading added 2010, c. 17, s. 19.] Obligation Persons who may be served Period for and method of service When obligation begins Application for exemption order Appeal Requirements relating to notice Application for termination order Termination order Appeal Obligation to advise police service International Transfer of Offenders Act [Heading added 2010, c. 17, s. 19.] Application for termination order Termination order Appeal Notice before release Disclosure of Information [Heading added 2004, c. 10, s. 20.] Disclosure Offences [Heading added 2004, c. 10, s. 20.] Offence Offence Offence Regulations [Heading added 2004, c. 10, s. 20.] Regulations Forfeiture of Offence-related Property Order of forfeiture of property on conviction Application for in rem forfeiture Voidable transfers Notice Notice Application xxxii

27 490.6 Appeals from orders under subsection 490.2(2) Suspension of order pending appeal Application for restraint order Management order Sections and 490 applicable Forfeiture of weapons and ammunition Order for restitution or forfeiture of property obtained by crime Photographic evidence Seizure of explosives Warrant for tracking device transactions and things Warrant for transmission data recorder PART XVI COMPELLING APPEARANCE OF AN ACCUSED BEFORE A JUSTICE AND INTERIM RELEASE (SS ) Interpretation 493 Definitions Arrest without Warrant and Release from Custody 494 Arrest without warrant by any person Arrest without warrant by peace officer Issue of appearance notice by peace officer Release from custody by peace officer Release from custody by officer in charge Release from custody by officer in charge where arrest made with warrant Money or other valuable security to be deposited with justice Contents of appearance notice, promise to appear and recognizance Failure to appear Appearance of Accused before Justice 503 Taking before justice Information, Summons and Warrant 504 In what cases justice may receive information Time within which information to be laid in certain cases Form Justice to hear informant and witnesses public prosecutions Referral when private prosecution Justice to hear informant and witnesses Information laid otherwise than in person Summons Failure to appear Contents of warrant to arrest Certain actions not to preclude issue of warrant Formalities of warrant xxxiii

28 514 Execution of warrant Judicial Interim Release 515 Order of release Variation of undertaking or recognizance Remand in custody Order directing matters not to be published for specified period Inquiries to be made by justice and evidence Release of accused Review of order Review of order Interim release by judge only Period for which appearance notice, etc., continues in force Arrest of Accused on Interim Release 524 Issue of warrant for arrest of accused Review of Detention where Trial Delayed 525 Time for application to judge Directions for expediting proceedings Procedure to Procure Attendance of a Prisoner 527 Procuring attendance Endorsement of Warrant 528 Endorsing warrant Powers to Enter Dwelling-houses to Carry out Arrests [Heading added 1997, c. 39, s. 2.] 529 Including authorization to enter in warrant of arrest Warrant to enter dwelling-house Reasonable terms and conditions Authority to enter dwelling without warrant Omitting announcement before entry Telewarrant PART XVII LANGUAGE OF ACCUSED (SS ) 530 Language of accused Translation of documents If order granted Language used in proceeding Change of venue Saving Regulations Review [Repealed 1997, c. 18, s. 63.] PART XVIII PROCEDURE ON PRELIMINARY INQUIRY (SS ) Jurisdiction 535 Inquiry by justice Remand by justice to provincial court judge in certain cases xxxiv

29 536.1 Remand by justice Nunavut Elections and re-elections in writing Procedures before Preliminary Inquiry [Heading added 2002, c. 13, s. 27.] Statement of issues and witnesses Order for hearing Agreement to limit scope of preliminary inquiry Powers of Justice 537 Powers of justice Organization Taking Evidence of Witnesses 539 Order restricting publication of evidence taken at preliminary inquiry Taking evidence Hearing of witnesses Confession or admission of accused Remand Where Offence Committed in Another Jurisdiction 543 Order that accused appear or be taken before justice where offence committed Absconding Accused 544 Accused absconding during inquiry Procedure where Witness Refuses to Testify 545 Witness refusing to be examined Remedial Provisions 546 Irregularity or variance not to affect validity Adjournment if accused misled Inability of justice to continue Adjudication and Recognizances 548 Order to stand trial or discharge Order to stand trial at any stage of inquiry with consent Recognizance of witness Transmission of Record 551 Transmitting record PART XVIII.1 CASE MANAGEMENT JUDGE ( ) Appointment Role Powers before evidence on merits presented Information relevant to presentation of evidence on merits to be part of court record Trial continuous Issues referred to case management judge Decision whether to hold joint hearing xxxv

30 PART XIX INDICTABLE OFFENCES TRIAL WITHOUT A JURY (SS ) Interpretation 552 Definitions Jurisdiction of Provincial Court Judges Absolute Jurisdiction 553 Absolute jurisdiction Provincial Court Judge s Jurisdiction with Consent 554 Trial by provincial court judge with consent Provincial court judge may decide to hold preliminary inquiry Decision to hold preliminary inquiry Nunavut Organization Taking evidence Jurisdiction of Judges Judge s Jurisdiction with Consent 558 Trial by judge without a jury Court of record Election 560 Duty of judge Right to re-elect Right to re-elect with consent Nunavut Proceedings following re-election Proceedings following re-election Nunavut Proceedings on re-election to be tried by provincial court judge without jury Proceedings on re-election to be tried by judge without jury Nunavut [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 110.] Election deemed to have been made Trial 566 Indictment Indictment Nunavut General 567 Mode of trial when two or more accused Mode of trial if two or more accused Nunavut Attorney General may require trial by jury Attorney General may require trial by jury Nunavut Record of conviction or order Adjournment Application of Parts XVI, XVIII, XX and XXIII PART XIX.1 NUNAVUT COURT OF JUSTICE (SS ) 573 Nunavut Court of Justice Application for review Nunavut Habeas corpus xxxvi

31 PART XX PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS (SS ) Preferring Indictment 574 Prosecutor may prefer indictment [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 113.] Indictment Direct indictments Summons or warrant Attorney General may direct stay When Attorney General does not stay proceedings Intervention by Attorney General of Canada Form of indictment General Provisions respecting Counts 581 Substance of offence High treason and first degree murder Certain omissions not grounds for objection Special Provisions Respecting Counts 584 Sufficiency of count charging libel Sufficiency of count charging perjury, etc Sufficiency of count relating to fraud Particulars 587 What may be ordered Ownership of Property 588 Ownership Joinder or Severance of Counts 589 Count for murder Offences may be charged in the alternative Joinder of counts Joinder of Accused in Certain Cases 592 Accessories after the fact Trial of persons jointly [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 120.] Proceedings when Person Indicted is at Large 597 Bench warrant Election deemed to be waived Change of Venue 599 Reasons for change of venue Order is authority to remove prisoner Amendment 601 Amending defective indictment or count [Repealed R.S.C. 1985, c. 27 (1st Supp.), s. 124.] Inspection and Copies of Documents 603 Right of accused [Repealed 1997, c. 18, s. 69.] Release of exhibits for testing xxxvii