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| Patrick J Ducharme |
Any member of the trial court may hear and determine the case even if another member of that court has recorded the plea, as long as no evidence has been adduced. It is therefore the introduction of some evidence after plea that causes a Judge to be seized of the matter; Section 669.1
A case may be continued before another Judge where the presiding Judge dies or he is unable to continue; Section 669.2
Where an accused enters a guilty plea before a particular Judge, that Judge is then seized of the matter and must sentence the accused.
Jurisdiction is generally not lost even if there are procedural irregularities in adjournments or appearances. Subsection 485(1.1) provides that jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1), or, 688(2.1) or a rule of court made under section 482 or 482.1 applies.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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