C-25.1 - Code of Penal Procedure

Section 184 Disposition versions

2020-06-05

184. On the application of the defendant, the judge shall order the dismissal of a count if he is satisfied that

(1)  the defendant has already been acquitted or convicted of the offence described in the statement of offence or been in jeopardy for the offence;

(2)  the offence is prescribed;

(3)  the defendant has immunity from prosecution;

(4)  the person mentioned in the statement of offence as being authorized to issue the statement on behalf of the prosecutor was not so authorized by him;

(5)  the prosecutor does not have the authority to institute the proceedings;

(6)  one count, not excepted under article 155, pertains to more than one offence;

(7)  the count corresponds to no offence created by any Act in force at the time the facts described in the count occurred;

(8)  the provision that creates the offence is either inapplicable constitutionally invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or in respect of the Charter of human rights and freedoms (chapter C-12);

(9)  the defendant has completed the adaptation program, in compliance with the conditions determined in the program, for that count;

(10)  the defendant has partially completed the adaptation program, in compliance with the conditions determined in the program, for that count, and maintaining the proceedings would be unjust in the circumstances.

Notwithstanding the foregoing, where an amendment to the statement of offence can correct the irregularity that has been established, the judge, rather than ordering the dismissal of the count, shall, on such conditions as he determines and if he is satisfied that no injustice will result therefrom, allow the prosecutor to make the amendment. In no case may the judge allow one defendant to be substituted for another or one offence to be substituted for another.

Before rendering a decision under subparagraph 10 of the first paragraph, the judge may take into account the defendant’s behaviour while participating in the program.

1987, c. 96, a. 184; 2020, c. 12, s. 37.

1993-11-01

184. On the application of the defendant, the judge shall order the dismissal of a count if he is satisfied that

(1)  the defendant has already been acquitted or convicted of the offence described in the statement of offence or been in jeopardy for the offence;

(2)  the offence is prescribed;

(3)  the defendant has immunity from prosecution;

(4)  the person mentioned in the statement of offence as being authorized to issue the statement on behalf of the prosecutor was not so authorized by him;

(5)  the prosecutor does not have the authority to institute the proceedings;

(6)  one count, not excepted under article 155, pertains to more than one offence;

(7)  the count corresponds to no offence created by any Act in force at the time the facts described in the count occurred;

(8)  the provision that creates the offence is either inapplicable constitutionally invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or in respect of the Charter of human rights and freedoms (chapter C-12).

Notwithstanding the foregoing, where an amendment to the statement of offence can correct the irregularity that has been established, the judge, rather than ordering the dismissal of the count, shall, on such conditions as he determines and if he is satisfied that no injustice will result therefrom, allow the prosecutor to make the amendment. In no case may the judge allow one defendant to be substituted for another or one offence to be substituted for another.

1987, c. 96, a. 184.

1990-10-01

184. On the application of the defendant, the judge shall order the dismissal of a count if he is satisfied that

(1)  the defendant has already been acquitted or convicted of the offence described in the statement of offence or been in jeopardy for the offence;

(2)  the offence is prescribed;

(3)  the defendant has immunity from prosecution;

In force: 1993-11-01

(4)  the person mentioned in the statement of offence as being authorized to issue the statement on behalf of the prosecutor was not so authorized by him;

(5)  the prosecutor does not have the authority to institute the proceedings;

(6)  one count, not excepted under article 155, pertains to more than one offence;

(7)  the count corresponds to no offence created by any Act in force at the time the facts described in the count occurred;

(8)  the provision that creates the offence is either inapplicable constitutionally invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or in respect of the Charter of human rights and freedoms (chapter C-12).

Notwithstanding the foregoing, where an amendment to the statement of offence can correct the irregularity that has been established, the judge, rather than ordering the dismissal of the count, shall, on such conditions as he determines and if he is satisfied that no injustice will result therefrom, allow the prosecutor to make the amendment. In no case may the judge allow one defendant to be substituted for another or one offence to be substituted for another.

1987, c. 96, a. 184.