2ND EDIT. REVISED STATUTES 1906 REMARKS prove the charge, to attend at the time appointed for such trial, and the judge may proceed to try such prisoner, and if he be found guilty sentence as aforesaid shall be passed upon him. 2. If he be found not guilty the judge shall immediately discharge him from custody, so' far as respects the charge in question. 3. The prosecuting officer in such case shall draw up a record as nearly as may be in form 61. Upon a speedy trial, the informant at whose instance the prosecution was begun has no locus standi, and is not entitled to prosecute through his counsel unless authorized to do so by the Attorney General. (220) Sec. 773. Sec. 834. Preferring charges other than those for which the accused is committed. The county attorney or clerk of the peace or other prosecuting officer may, with the consent of the judge, prefer against the prisoner a charge or charges for any offence or offences for which he may be tried under the provisions. of this part other than the charge or charges for which he has been committed to gaol for trial, although such charge or charges do not appear or are not mentioned, in the depositions upon which the prisoner was so committed. 2. Any such charge may thereupon be dealt with, prosecuted and disposed of, and the prisoner may be remanded, held for trial or admitted to bail thereon, in all respects as if such charge had been the one upon which the prisoner was committed for trial. Altered, by the addition of paragraph 2. But when any such other charges are preferred against the accused, his consent to a speedy trial of such other charges must be shown. Thus, where some prisoners were charged with having defrauded the prosecutor by means of the three-card monte game, they consented to be tried summarily. When they were brought up for trial, the Crown attorney applied for and obtained leave. to substitute a charge of combining to obtain money by false pre (220) R. v. Clark, 9 Can. Cr. Cas., 125. 2ND EDIT. REVISED STATUTES 1906 REMARKS tences; but the prisoners objected. The trial was then proceeded with, without their consent to a summary trial for this substituted offence being obtained. And, upon error brought, it was held that the consent of the prisoners to be summarily tried on the substituted charge should distinctly appear, and that, by reason of its absence, the conviction was bad. (221) A new charge cannot be added without the leave of the judge, although it be founded upon the same dopositions; and the leave of the judge to prefer another charge against the accused must be obtained before the additional charge is preferred. (222) The judge, at a speedy trial, should not, against the wish of the prisoner, give his consent to any other charge being preferred than that upon which the prisoner was committed for trial, unless it is clear that, while it may be more formally or differently expressed, it is substantially the same charge as that on which he was committed for trial. (223) A speedy trial at a County Judge's criminal court in Ontario and a conviction thereon are not invalidated by the judge having taken evidence upon another charge against the same accused pending an adjournment of the hearing of the principal charge and after part of the evidence therein had been taken, if the charges were different as to time and place and the judge certifies that he was not influenced as to the principal charge by the evidence in the other. (224) Sec. 774. Sec. 835. Powers of Judge on trial. — The judge shall, Sec. 775. Sec. 836. Bail if accused elects trial by judge without jury. If the prisoner elects to be tried by a judge without the intervention of a jury the judge may, in his discretion, admit him to bail to appear for his trial, and extend the bail, from time to time, in case the court be (221) Goodman v. R., 3 O. R., 18. (222) R. v. Cohen. 6 Can. Cr. Cas., 386. (223) R. v. Carriere, 6 Can. Cr. Cas., 5; 14 Man. L. R., 52. (224) R. v. Bullock, 8 Can. Cr. Cas., 8; 40 C. L. J., 27. 2ND EDIT. REVISED STATUTES 1906 REMARKS adjourned or there is any other reason therefor. 2. Such bail may be entered into and per fected before the Clerk of the Court. Sec. 776. Sec. 837. Bail if jury trial elected. Slightly altered. An adjournment of a speedy trial may be made under this section in order to obtain the attendance of a material witness, although the party applying for the same had elected to proceed without such witness and although the trial had commenced. (225) Sec. 778. Sec. 839. Powers of amendment. The judge shall have all the powers of amendment which are possessed by any court before which an indictment may be tried under this Act. Slightly altered. An amendment of a charge under the Speedy Trials clauses should not be allowed, if such amendment is one which would involve the investigation of entirely new facts not disclosed in the depositions. (226) Sec. 779. Sec. 840. Recognizance to prosecute or give evidence under section 692. Unchanged. (227) Sec. 780. Sec. 841. Witnesses to attend throughout the trial. i Meaning unchanged. Sec. 781. Sec. 842. Compelling attendance of witnesses, by means of a warrant of arrest and commitment for contempt. PART XIX. Meaning unchanged. (228) PROCEDURE BY INDICTMENT. General Provisions as to Indictments. Sec. 608. Sec. 843. Indictments need not be on parchment. Unchanged. Sec. 609. Sec. 844. Statement of Venue not necessary. (225) R. v. Gordon, 2 Can. Cr. Cas., 141. (226) R. v. Clark, 9 Can. Cr. Cas., 125. Meaning unchanged. (227) Except that, instead of a reference therein to the old section 598, the reference now is to section 692 of the new Act. (228) The forms of warrant for arrest of a witness and of conviction for contempt are now forms 62 and 63. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 610. Sec. 845. Heading of Indictment. Unnecessary statement. It shall not be necessary to state in Sec. 618. any indictment that the jurors present, upon oath or affirmation. 2. It shall be sufficient if an indictment begins according to form 63, or to the like effect. 3. Any mistake in the heading shall, upon being discovered, be forthwith amended, and, whether amended or not, shall be immaterial. Slightly altered. SPECIAL CASES. Sec. 846. Indictment for pretending to send money, etc., in letter. Unchanged. Sec. 614. Sec. 847. Indictment for treason or treasonable of fences. Meaning unchanged. Sec. 625. Sec. 848. Indictment for theft by tenant or lodger. Unchanged. Sec. 627. Sec. 849. Indictments against accessories or receivers. Unchanged. Sec. 624. Sec. 850. Indictments in respect to post office employees. In any indictment against any person employed in the post office of Canada, for any offence against this Act, or against any person for an offence committed in respect of any person so employed, it shall be sufficient to allege that the offender or such other person was employed in the post office of Canada at the time of the commission of such offence, without stating further the nature or particulars of his employment. (1) Sec. 628. Sec. 851. Indictment charging previous convictions. Unchanged. GENERAL PROVISIONS AS TO COUNTS. Sec. 611. Sec. 852. Statement of substance of offence, in pop ular language, or in words of enactment, etc. Every count of an indictment shall contain, and shall be sufficient if it contains (1) This new section, 850. contains only the third paragraph of the old section 624, the first two paragraphs of the old section 624 being made into section 869, post. 2ND EDIT. REVISED STATUTES 1906 REMARKS in substance, a statement that the accused has committed some indictable offence therein specified. 2. Such statement may be made in popular language without any technical averments or any allegations of matter 'not essential to be proved. 3. Such statement may be in the words of the enactment describing the offence or declaring the matter charged to be an indictable offence, or in any words sufficient to give the accused notice of the offence with which he is charged. 4. Form 64 affords examples of the manner of stating offences. (2) Sec. 611. Sec. 853. Details of circumstances. Every count of an indictment shall contain so much detail of the circumstances of the alleged offence as is sufficient to give the accused reasonable information as to the act or omission to be proved against him, and to identify the transaction referred to: Provided that the absence or insufficiency of such details shall not vitiate the count. . 2. A count may refer to any section or subsection of any statute creating the offence charged therein, and in estimating the sufficiency of such count the court shall have regard to such reference. 3. Every count shall in general apply only to a single transaction. (2) An indictment should describe the offence charged with such particularity as will inform the accused of the specific acts for which he is called upon the answer. (3) An indictment for obstructing a clergyman in celebrating divine service will not be quashed for failure to allege therein that the clergyman was in lawful charge of the church or place of worship. (4) An indictment for unlawfully conspiring together and with each other to deprive another of the necessaries of life, to wit, proper (2) The old section, 611, is made into these two new sections, 852 and 853. (3) R. v. Beckwith, 7 Can. Cr. Cas., 450. |