INTRODUCTION AND BRIEF DESCRIPTION
469 Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than (a) an offence under any of the following sections: (i) section 47 (treason), (ii) section 49 (alarming Her Majesty), (iii) section 51 (intimidating Parliament or a legislature), (iv) section 53 (inciting to mutiny), (v) section 61 (seditious offences), (vi) section 74 (piracy), (vii) section 75 (piratical acts), or (viii) section 235 (murder); Accessories (b) the offence of being an accessory after the fact to high treason or treason or murder; (c) an offence under section 119 (bribery) by the holder of a judicial office; Crimes against humanity (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; Attempts (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or Conspiracy (e) the offence of conspiring to commit any offence mentioned in paragraph (a).
Section 469 of the Criminal Code of Canada outlines the jurisdiction of Canadian courts to try indictable offenses, with some exceptions. The section states that every court with criminal jurisdiction in Canada has the right to try an indictable offense, except for certain types of offenses. These include treason, alarming Her Majesty, intimidating Parliament or a legislature, inciting to mutiny, piracy, piratical acts, and murder. Furthermore, the section also exempts specific individuals from being tried for specific offenses. For example, the section does not allow courts to try anyone who is an accessory after the fact to high treason or treason or murder. In addition, the section states that the offense of being an accessory after the fact to bribery by the holder of a judicial office is exempted from the jurisdiction of the courts. Interestingly, Section 469 also outlines the jurisdiction of Canadian courts in cases of attempted offenses and conspiracies. The section states that courts have the right to try the offense of attempting to commit any offense mentioned in subparagraphs (a)(i) to (vii) and the offense of conspiring to commit any offense mentioned in paragraph (a). In summary, Section 469 of the Criminal Code of Canada outlines the types of offenses over which Canadian courts have jurisdiction, including exemptions and limitations for certain individuals and situations.
Section 469 of the Criminal Code of Canada outlines the jurisdiction of courts of criminal jurisdiction in trying indictable offences. The section provides that courts have the authority to try all indictable offences, except for a limited number of offences outlined in sub-section (a), (b), (c), (c.1), (d), and (e). Subsections (a) and (b) exclude specific types of offences such as treason, alarming Her Majesty, intimidating Parliament or a legislature, and piracy, as well as being an accessory after the fact to high treason or murder. These offences are generally considered to be extremely serious, and they require special attention from the courts. In such cases, the expertise of the court is paramount, and only courts of higher jurisdiction will have the required knowledge and expertise to try these cases. Subsection (c.1) outlines a specific offence, which is the commission of Crimes Against Humanity and War Crimes. These crimes are often considered to be atrocities and involve situations where innocent civilians are subjected to extreme violence. Such cases require special attention from the courts, and the expertise of international criminal courts may be required. Subsection (d) deals with attempts to commit any of the offences outlined in sub-section (a). An attempt is a serious crime, and it carries significant penalties. In such cases, the court must rely on the evidence presented, expert testimony, and other relevant evidence to establish the guilt or innocence of the accused. Finally, Subsection (e) deals with the offence of conspiring to commit any of the offences outlined in sub-section (a). Conspiracy is a serious crime, and it requires a high level of intention or will to complete the crime. In such cases, the court must analyze the evidence presented and determine whether there was sufficient evidence to prove that the accused intended to commit a crime. In conclusion, Section 469 of the Criminal Code of Canada highlights the importance of the jurisdiction of courts in trying the most serious criminal offences. The section recognizes the unique complexities and seriousness of certain offences, and the need for courts with the appropriate expertise to exercise jurisdiction over such cases. By effectively delineating the jurisdiction of courts, Section 469 ensures that justice is served, and all accused persons receive fair and impartial trials.
Section 469 of the Criminal Code of Canada sets out the jurisdiction of courts with respect to indictable offenses. While this section provides a broad scope of jurisdiction, it excludes certain offenses that can only be tried in certain courts or tribunals. Additionally, it sets limits on the courts' jurisdiction over certain types of crimes such as crimes against humanity and war crimes. One critical strategic consideration when dealing with the section is selecting the appropriate court or tribunal with jurisdiction. It is essential to understand the specific offenses excluded from the section and where they should be tried. For example, offenses related to bribery by holders of judicial offices can only be tried in the Supreme Court of the province, but not in any other court of criminal jurisdiction. When dealing with offenses under sections 4 to 7 of the Crimes Against Humanity and War Crimes Act, trials must be referred to the International Criminal Court (ICC). Therefore, at the initial stages of a case, strategic considerations must include determining whether such offences are involved and referring the case to the ICC. While section 469 provides prosecutors with broad jurisdiction over indictable offenses, it also sets limits on the types of crimes and offenses that courts can hear. This means that strategies must be implemented to ensure that the courts retain jurisdiction over the offenses charged. Where an offense falls outside the ambit of section 469, and a different court or tribunal has jurisdiction, the prosecutor must ensure that the trial of the offense is transferred to the appropriate court or tribunal. Alternatively, the prosecutor may explore the option of consolidating different offenses arising from the same facts and charging them in one court or tribunal. When dealing with conspiracy and other inchoate offenses, prosecutors must be careful to ensure that they only charge offenses that fall within the purview of section 469(a). This is critical as courts can only try an indictable offense that falls within the ambit of the section. Another strategic consideration is the statutory limitations associated with certain offenses. For instance, section 235 of the Criminal Code makes it an offense to commit murder, and the statute of limitations for a murder offense is never-ending. Therefore, it is essential to ensure that the limitation periods for any offenses charged under this section are not lapsed before commencement of prosecution. In conclusion, section 469 of the Criminal Code of Canada, while providing a broad scope of jurisdiction, sets limitations on the types of offenses that can be tried in criminal courts. As such, prosecutors must consider strategies that ensure the courts retain jurisdiction over the offenses charged, select the appropriate court or tribunal with the necessary jurisdiction, and ensure that limitation periods do not lapse before the commencement of prosecution.