TITLE VII. PROCEDURE. Power to make rules. Civil remedy PART XLI. GENERAL PROVISIONS. 533. Every superior court of criminal jurisdiction may at any time, with the concurrence of a majority of the judges thereof present at any meeting held for the purpose, make rules of court, not inconsistent with any statute of Canada, which shall apply to all proceedings relating to any prosecution, proceeding or action instituted in relation to any matter of a criminal nature, or resulting from or incidental to any such matter, and in particular for all or any of the purposes following: (a.) For regulating the sittings of the court or of any division thereof, or of any judge of the court sitting in chambers, except in so far as the same are already regulated by law. (b.) For regulating in criminal matters the pleading, practice and procedure in the court, including the subjects of mandamus, certiorari, habeas corpus, prohibition, quo warranto, bail and costs, and the proceedings under section nine hundred of this Act. (c) Generally for regulating the duties of the officers of the court and every other matter deemed expedient for better attaining the ends of justice and carrying the provisions of the law into effect. 2. Copies of all rules made under the authority of this section shall be laid before both Houses of Parliament at the session next after the making thereof, and shall also be published in the Canada Gazette. 52 V., c. 40. 534. After the commencement of this Act no civil remedy not suspended for any act or omission shall be suspended or affected by reason that such act or omission amounts to a criminal offence. a criminal offence. Abolition of distinction between felony and misdemea nour. Construction of Acts. 535. After the commencement of this Act the distinction between felony and misdemeanour shall be abolished, and proceedings in respect of all indictable offences (except so far as they are herein varied) shall be conducted in the same manner. 536. Every Act shall be hereafter read and construed as if any offence for which the offender may be prosecuted by indictment (howsoever such offence may be therein described or referred to), were described or referred to as an "indictable offence"; and as if any offence punishable on summary conviction were described or referred to as an "offence"; and all provisions of this Act relating to "indictable offences "or "offences" (as the case may be) shall apply to every such offence. 2. Every commission, proclamation, warrant or other document relating to criminal procedure, in which offences which are indictable offences or offences (as the case may be) as defined by this Act are described or referred to by any names whatsoever, shall be hereafter read and construed as if such offences were therein described and referred to as indictable offences or offences (as the case may be). of reference 537. In any Act in which reference is made to The Speedy Construction Trials Act the same shall be construed, unless the context to certain requires otherwise, as if such reference were to Part LIV. of Acts. this Act; any Act referring to The Summary Trials Act shall be construed, unless the context forbids it, as if such reference were to Part LV. of this Act; and every Act referring to The Summary Convictions Act shall be construed, unless the context forbids it, as if such reference were to Part LVIII. of this Act. PART XLII. JURISDICTION. 538. Every Superior Court of criminal jurisdiction and Superior every judge of such court sitting as a court for the trial of court. criminal causes, and every Court of Oyer and Terminer and General Gaol Delivery has power to try any indictable. offence. 539. Every Court of General Quarter Sessions of the Other courts. Peace, when presided over by a Superior Court judge, or a County or District Court judge, or in the cities of Montreal and Quebec by a recorder or judge of the Sessions of the Peace; and in the province of New Brunswick every County Court judge has power to try any indictable offence except as hereinafter provided. in certain 540. No such court as mentioned in the next preceding Jurisdiction section has power to try any offence under the following sections, that is to say: Part IV-Sections sixty-five, treason; sixty-seven, accessories after the fact to treason; sixty-eight, sixty-nine and seventy, treasonable offences; seventy-one, assault on the Queen; seventy-two, inciting to mutiny; seventy-seven, unlawfully obtaining and communicating official information; seventy-eight, communicating information acquired by holding office. cases. Exercising powers of two justices. Part VII.-Sections one hundred and twenty, administering, taking or procuring the taking of oaths to commit certain crimes; one hundred and twenty-one, administering, taking or procuring the taking of other unlawful oaths; one hundred and twenty-four, seditious offences; one hundred and twenty-five, libels on foreign sovereigns; one hundred and twenty-six, spreading false news. Part VIII.-Piracy; any of the sections in this part. Part IX. Sections one hundred and thirty-one, judicial corruption; one hundred and thirty-two, corruption of officers employed in prosecuting offenders; one hundred and thirty-three, frauds upon the Government; one hundred and thirty-five, breach of trust by a public officer; one hundred and thirty-six, corrupt practices in municipal affairs; one hundred and thirty-seven (a.), selling and purchasing offices. Part XI.--Escapes and rescues; any of the sections in this part. Part XVIII. Sections two hundred and thirty-one, murder; two hundred and thirty-two, attempts to murder; two hundred and thirty-three, threats to murder; two hundred and thirty-four, conspiracy to murder; two hundred and thirty-five, accessory after the fact to murder. Part XXI.-Sections two hundred and sixty-seven, rape; two hundred and sixty-eight, attempt to commit rape. Part XXIII.-Defamatory libel; any of the sections in this part. Part XXXIX.-Section five hundred and twenty, combinations in restraint of trade. Part XL.-Conspiring or attempting to commit, or being accessory after the fact to any of the foregoing offences. 541. The judge of the Sessions of the Peace for the city of Quebec, the judge of the Sessions of the Peace for the city of Montreal, and every recorder, police magistrate, district magistrate or stipendiary magistrate appointed for any territorial division, and every magistrate authorized by the law of the province in which he acts to perform acts usually required to be done by two or more justices of the peace, may do alone whatever is authorized by this Act to be done by any two or more justices of the peace, and the several forms in this Act contained may be varied so far as necessary to render them applicable to such case. R.S.C., c. 174, s. 7. Offences within the ju PART XLIII. PROCEDURE IN PARTICULAR CASES. 542. Proceedings for the trial and punishment of a person risdiction of who is not a subject of Her Majesty, and who is charged the admiralty with any offence committed within the jurisdiction of the of England. Admiralty of England shall not be instituted in any court in Canada except with the leave of the Governor General and on his certificate that it is expedient that such proceedings should be instituted. 543. No person shall be prosecuted for the offence of un- Disclosing lawfully obtaining and communicating official information, official secrets. as defined in sections seventy-seven and seventy-eight, without the consent of the Attorney-General or of the AttorneyGeneral of Canada. 53 V., c. 10, s. 4. 544. No one holding any judicial office shall be prosecuted Judicial corfor the offence of judicial corruption, as defined in section ruption. one hundred and thirty-one, without the leave of the Attorney-General of Canada. stances. 545. If any person is charged before a justice of the peace Making exwith the offence of making or having explosive substances, plosive subas defined in section one hundred, no further proceeding shall be taken against such person without the consent of the Attorney-General except such as the justice of the peace thinks necessary, by remand or otherwise, to secure the safe custody of such person. R.S.C., c. 150, s. 5. 546. No person shall be prosecuted for the offence of send- Sending unseaworthy ing an unseaworthy ship to sea, as defined in section two ships to sea. hundred and fifty-six, without the consent of the Minister of Marine and Fisheries. 547. No proceeding or prosecution against a trustee for a Trustee fraudulently discriminal breach of trust, as defined in section three hundred posing of and sixty-three, shall be commenced without the sanction money. of the Attorney-General. R.S.C., c. 164, s. 65. acts of vendor 548. No prosecution for concealing deeds and encum- Fraudulent brances, as defined in section three hundred and seventy, or mortgagor. shall be commenced without the consent of the AttorneyGeneral, given after previous notice to the person intended to be prosecuted of the application to the Attorney-General for leave to prosecute. R.S.C., c. 164, s. 91. defaced 549. No proceeding or prosecution for the offence of Uttering uttering defaced coin, as defined in section four hundred and coin. seventy-six, shall be taken without the consent of the Attorney-General. 550. The trials of all persons apparently under the age Trial of of sixteen years shall, so far as it appears expedient and prac- minors. ticable, take place without publicity, and separately and apart from that of other accused persons and at suitable times to be designated and appointed for that purpose. Time within which pro- 551. No prosecution for an offence against this Act, or action for penalties or forfeiture, shall be commenced— (a.) after the expiration of three years from the time of its commission if such offence be (i.) treason, except treason by killing Her Majesty or where the overt act alleged is an attempt to injure the person of Her Majesty (Part IV., section sixty-five); (ii) treasonable offences (Part IV., section sixty-nine); (iii.) any offence against Part XXXIII., relating to the fraudulent marking of merchandise; nor (b.) after the expiration of two years from its commission if such offence be (i.) a fraud upon the Government (Part IX., section, one hundred and thirty-three); (ii) a corrupt practice in municipal affairs (Part IX., section one hundred and thirty-six); (iii) unlawfully solemnizing marriage (Part XXII., section two hundred and seventy-nine); nor (c.) after the expiration of one year from its commission if such offence be (i.) opposing reading of Riot Act and assembling after proclamation (Part V., section eighty-three); (ii) refusing to deliver weapon to justice (Part VI., section one hundred and thirteen); (iii.) coming armed near public meeting (section one hundred and fourteen); (iv.) lying in wait near public meeting (section one hundred and fifteen); (v.) seduction of girl under sixteen (Part XIII., section one hundred and eighty-one); (vi.) seduction under promise of marriage (section one hundred and eighty-two); (vii.) seduction of a ward, &c. (section one hundred and eighty-three); (viii.) unlawfully defiling women (section one hundred and eighty-five); (ix.) parent or guardian procuring defilement of girl (section one hundred and eighty-six); (x.) householders permitting defilement of girls on their premises (section one hundred and eighty-seven); nor (d.) after the, expiration of six months from its commission, if the offence be (i.) unlawful drilling (Part V., section eighty-seven); (ii.) being unlawfully drilled (section eighty-eight); (iii.) having possession of arms for purposes dangerous to the public peace (Part VI., section one hundred and two); (iv.) proprietor of newspaper publishing advertisement offering reward for recovery of stolen property (Part X., section one hundred and fifty-seven, paragraph d); nor (e.) after the expiration of three months from its commission if the offence be cruelty to animals under sections five |