Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 662 — Offence charged, part only proved
A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another…
Section 663 — No acquittal unless act or omission not wilful
Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she…
Section 664 — No reference to previous conviction
No indictment in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.
Section 665
[Repealed, 1995, c. 22, s. 3]
Section 666 — Evidence of character
Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused…
Section 667 — Proof of previous conviction
In any proceedings, a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act , chapter Y-1 of the…
Section 668 and 669
[Repealed, 1995, c. 22, s. 4]
Section 669.1 — Jurisdiction
Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court…
Section 669.2 — Continuation of proceedings
Subject to this section, where an accused or a defendant is being tried by a judge or provincial court judge, a justice or other person who is, or is a member of, a summary conviction court, or a…
Section 669.3 — Jurisdiction when appointment to another court
Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to…
Section 670 — Judgment not to be stayed on certain grounds
Judgment shall not be stayed or reversed after verdict on an indictment by reason of any irregularity in the summoning or empanelling of the jury; or for the reason that a person who served on the…
Section 671 — Directions respecting jury or jurors directory
No omission to observe the directions contained in any Act with respect to the qualification, selection, balloting or distribution of jurors, the preparation of the jurors’ book, the selecting of…
Section 672 — Saving powers of court
Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1,…
Section 672.1 — Definitions
In this Part, accused includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered;…
Section 672.11 — Assessment order
A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is…
Section 672.12 — Where court may order assessment
The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the…
Section 672.121 — Review Board may order assessment
The Review Board that has jurisdiction over an accused found not criminally responsible on account of mental disorder or unfit to stand trial may order an assessment of the mental condition of the…
Section 672.13 — Contents of assessment order
An assessment order must specify the service that or the person who is to make the assessment, or the hospital where it is to be made; whether the accused is to be detained in custody while the order…
Section 672.14 — General rule for period
An assessment order shall not be in force for more than thirty days. No assessment order to determine whether the accused is unfit to stand trial shall be in force for more than five days, excluding…
Section 672.15 — Extension
Subject to subsection (2), a court or Review Board may extend an assessment order, of its own motion or on the application of the accused or the prosecutor made during or at the end of the period…
Section 672.16 — Presumption against custody
Subject to subsection (3), an accused shall not be detained in custody under an assessment order of a court unless the court is satisfied that on the evidence custody is necessary to assess the…
Section 672.17 — Assessment order takes precedence over bail hearing
During the period that an assessment order made by a court in respect of an accused charged with an offence is in force, no order for the interim release or detention of the accused may be made by…
Section 672.18 — Application to vary assessment order
Where at any time while an assessment order made by a court is in force the prosecutor or an accused shows cause, the court may vary the terms of the order respecting the interim release or detention…
Section 672.19 — No treatment order on assessment
No assessment order may direct that psychiatric or any other treatment of the accused be carried out, or direct the accused to submit to such treatment.
Section 672.191 — When assessment completed
An accused in respect of whom an assessment order is made shall appear before the court or Review Board that made the order as soon as practicable after the assessment is completed and not later than…
Section 672.2 — Assessment report
An assessment order may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused. An assessment report shall be filed with the…
Section 672.21 — Definition of protected statement
In this section, protected statement means a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in…
Section 672.22 — Presumption of fitness
An accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial.
Section 672.23 — Court may direct issue to be tried
Where the court has reasonable grounds, at any stage of the proceedings before a verdict is rendered, to believe that the accused is unfit to stand trial, the court may direct, of its own motion or…
Section 672.24 — Counsel
Where the court has reasonable grounds to believe that an accused is unfit to stand trial and the accused is not represented by counsel, the court shall order that the accused be represented by…
Section 672.25 — Postponing trial of issue
The court shall postpone directing the trial of the issue of fitness of an accused in proceedings for an offence for which the accused may be prosecuted by indictment or that is punishable on summary…
Section 672.26 — Trial of issue by judge and jury
Where an accused is tried or is to be tried before a court composed of a judge and jury, if the judge directs that the issue of fitness of the accused be tried before the accused is given in charge…
Section 672.27 — Trial of issue by court
The court shall try the issue of fitness of an accused and render a verdict where the issue arises in respect of an accused who is tried or is to be tried before a court other than a court composed…
Section 672.28 — Proceeding continues where accused is fit
Where the verdict on trial of the issue is that an accused is fit to stand trial, the arraignment, preliminary inquiry, trial or other stage of the proceeding shall continue as if the issue of…
Section 672.29 — Where continued detention in custody
Where an accused is detained in custody on delivery of a verdict that the accused is fit to stand trial, the court may order the accused to be detained in a hospital until the completion of the…
Section 672.3 — Acquittal
Where the court has postponed directing the trial of the issue of fitness of an accused pursuant to subsection 672.25(2) and the accused is discharged or acquitted before the issue is tried, it shall…
Section 672.31 — Verdict of unfit to stand trial
Where the verdict on trial of the issue is that an accused is unfit to stand trial, any plea that has been made shall be set aside and any jury shall be discharged.
Section 672.32 — Subsequent proceedings
A verdict of unfit to stand trial shall not prevent the accused from being tried subsequently where the accused becomes fit to stand trial. The burden of proof that the accused has subsequently…
Section 672.33 — Prima facie case to be made every two years
The court that has jurisdiction in respect of the offence charged against an accused who is found unfit to stand trial shall hold an inquiry, not later than two years after the verdict is rendered…
Section 672.34 — Verdict of not criminally responsible on account of mental disorder
Where the jury, or the judge or provincial court judge where there is no jury, finds that an accused committed the act or made the omission that formed the basis of the offence charged, but was at…
Section 672.35 — Effect of verdict of not criminally responsible on account of mental disorder
Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but the accused may plead autrefois acquit…
Section 672.36 — Verdict not a previous conviction
A verdict of not criminally responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is…
Section 672.37 — Definition of application for federal employment
In this section, application for federal employment means an application form relating to employment in any department, as defined in section 2 of the Financial Administration Act ; employment by any…
Section 672.38 — Review Boards to be established
A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of…
Section 672.39 — Members of Review Board
A Review Board must have at least one member who is entitled under the laws of a province to practise psychiatry and, where only one member is so entitled, at least one other member must have…
Section 672.4 — Chairperson of a Review Board
Subject to subsection (2), the chairperson of a Review Board shall be a judge of the Federal Court or of a superior, district or county court of a province, or a person who is qualified for…
Section 672.41 — Quorum of Review Board
Subject to subsection (2), the quorum of a Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and any other member. Where…
Section 672.42 — Majority vote
A decision of a majority of the members present and voting is the decision of a Review Board.
Section 672.43 — Powers of Review Boards
At a hearing held by a Review Board to make a disposition or review a disposition in respect of an accused, the chairperson has all the powers that are conferred by sections 4 and 5 of the Inquiries…
Section 672.44 — Rules of Review Board
A Review Board may, subject to the approval of the lieutenant governor in council of the province, make rules providing for the practice and procedure before the Review Board. The rules made by a…