Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 715.231 — Preliminary inquiry
The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.
Section 715.232 — Trial — summary conviction offence
The court may allow an accused to appear by videoconference at a trial for a summary conviction offence if the accused is not in custody, with the consent of the accused and the prosecutor; and if…
Section 715.233 — Trial — indictable offence
The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by…
Section 715.234 — Plea
The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea. The court may allow the accused…
Section 715.235 — Sentencing
The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes. The court may allow the offender to…
Section 715.24 — Proceedings not expressly provided for
In any proceedings in respect of which this Act does not expressly authorize the court to allow an accused or offender to appear by audioconference or videoconference or limit or prohibit their…
Section 715.241 — Accused in custody — no evidence taken
Despite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those…
Section 715.242 — Conditions — no access to legal advice
Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be…
Section 715.243 — Communication with counsel
An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.
Section 715.25 — Definition of participant
In this section, participant means any person, other than an accused, an offender, a witness, a juror, a judge or a justice, who may participate in a proceeding. Except as otherwise provided in this…
Section 715.26 — Presiding by audioconference or videoconference
Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all…
Section 715.27 — Definition of prospective juror
In this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX. The court may, with the consent of the prosecutor and the…
Section 715.3 — Definitions
The following definitions apply in this Part. court means a superior court of criminal jurisdiction but does not include a court of appeal. ( tribunal ) offence means any offence listed in the…
Section 715.31 — Purpose
The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives: to denounce an…
Section 715.32 — Conditions for remediation agreement
The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met: the prosecutor is of the opinion…
Section 715.33 — Notice to organization — invitation to negotiate
If the prosecutor wishes to negotiate a remediation agreement, they must give the organization written notice of the offer to enter into negotiations and the notice must include a summary description…
Section 715.34 — Mandatory contents of agreement
A remediation agreement must include a statement of facts related to the offence that the organization is alleged to have committed and an undertaking by the organization not to make or condone any…
Section 715.35 — Independent monitor — conflict of interest
A candidate for appointment as an independent monitor must notify the prosecutor in writing of any previous or ongoing relationship, in particular with the organization or any of its representatives,…
Section 715.36 — Duty to inform victims
After an organization has accepted the offer to negotiate according to the terms of the notice referred to in section 715.33, the prosecutor must take reasonable steps to inform any victim, or any…
Section 715.37 — Application for court approval
When the prosecutor and the organization have agreed to the terms of a remediation agreement, the prosecutor must apply to the court in writing for an order approving the agreement. The coming into…
Section 715.38 — Variation order
On application by the prosecutor, the court must, by order, approve any modification to a remediation agreement if the court is satisfied that the agreement continues to meet the conditions set out…
Section 715.39 — Termination order
On application by the prosecutor, the court must, by order, terminate the agreement if it is satisfied that the organization has breached a term of the agreement. As soon as the order is made,…
Section 715.4 — Order declaring successful completion
On application by the prosecutor, the court must, by order, declare that the terms of the agreement were met if it is satisfied that the organization has complied with the agreement. The order stays…
Section 715.41 — Deadline
The prosecutor must, as soon as practicable after the deadline referred to in paragraph 715.34(1)(p), apply to the court in writing for a variation order under section 715.38, including to extend the…
Section 715.42 — Publication
Subject to subsection (2), the following must be published by the court as soon as practicable: the remediation agreement approved by the court; an order made under any of sections 715.37 to 715.41…
Section 715.43 — Regulations
On the recommendation of the Minister of Justice, the Governor in Council may make regulations generally for the purposes of carrying out this Part, including regulations respecting the form of the…
Section 716 — Definitions
In this Part, accused includes a defendant; ( accusé ) alternative measures means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or…
Section 717 — When alternative measures may be used
Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met: the…
Section 717.1 — Records of persons dealt with
Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the…
Section 717.2 — Police records
A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force…
Section 717.3 — Government records
A department or agency of any government in Canada may keep records containing information obtained by the department or agency for the purposes of an investigation of an offence alleged to have been…
Section 717.4 — Disclosure of records
Any record that is kept pursuant to section 717.2 or 717.3 may be made available to any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been…
Section 718 — Purpose
The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society…
Section 718.01 — Objectives — offences against children
When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and…
Section 718.02 — Objectives — offence against peace officer or other justice system participant
When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation…
Section 718.03 — Objectives — offence against certain animals
When a court imposes a sentence for an offence under subsection 445.01(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the…
Section 718.04 — Objectives — offence against vulnerable person
When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the…
Section 718.1 — Fundamental principle
A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
Section 718.2 — Other sentencing principles
A court that imposes a sentence shall also take into consideration the following principles: a sentence should be increased or reduced to account for any relevant aggravating or mitigating…
Section 718.201 — Additional consideration — increased vulnerability
A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular…
Section 718.21 — Additional factors
A court that imposes a sentence on an organization shall also take into consideration the following factors: any advantage realized by the organization as a result of the offence; the degree of…
Section 718.3 — Degrees of punishment
Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the…
Section 719 — Commencement of sentence
A sentence commences when it is imposed, except where a relevant enactment otherwise provides. Any time during which a convicted person is unlawfully at large or is lawfully at large on interim…
Section 720 — Sentencing proceedings
A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed. The court may, with the consent of the Attorney…
Section 721 — Report by probation officer
Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a…
Section 722 — Victim impact statement
When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement…
Section 722.1 — Copy of statement
The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the…
Section 722.2 — Community impact statement
When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement…
Section 723 — Submissions on facts
Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed. The court…
Section 724 — Information accepted
In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender. Where the…