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FederalPassed41st Parliament, 1st Session

Bill C-2 explained in plain English

An Act to amend the Criminal Code (mega-trials)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill C-2
Full title
An Act to amend the Criminal Code (mega-trials)
Current status
Passed
Latest event
Royal assent received
Last updated
Jun 26, 2011

Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Jun 26, 2011
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-2 amends the Criminal Code to introduce case management judges, allow larger juries (13 or 14 jurors), protect juror identity, streamline direct indictment procedures, and make certain legal rulings binding across related or retried cases to improve fairness and efficiency in large, complex criminal trials.

What It Means

This federal law (Bill C-2) amends the Criminal Code to manage "mega-trials"—large, complex criminal cases with many accused persons or large volumes of evidence. It introduces new procedures to make these trials fairer and more efficient. The law creates a new role called a "case management judge" who can be appointed before or during a trial. This judge helps organize the trial by identifying key witnesses, encouraging the parties to reach agreements on facts, setting schedules and deadlines, and deciding certain legal issues (like whether evidence should be admitted) before the main trial begins. Pre-trial decisions made by the case management judge are binding on the parties during the trial, even if a different judge hears the main evidence—unless fresh evidence changes the situation and fairness requires otherwise. The law also allows judges to swear in 13 or 14 jurors instead of the usual 12 in complex trials, with extra jurors serving as backups in case a regular juror must be discharged. Prosecutors and defence lawyers get more opportunities to challenge jurors in cases with extra jurors. The law also protects jurors' identities by allowing courts to ban publication of juror names and information that could reveal who they are. The law simplifies the use of "direct indictments" (a way prosecutors can charge someone) by ensuring that when a direct indictment is issued for the same or related offence, the original bail conditions still apply. It also allows courts to delay when an order to split a trial takes effect until a later date or until a particular event happens—useful for keeping decisions consistent across related trials. In cases where a trial fails (mistrial) and a new trial begins, certain legal decisions made during the first trial about evidence disclosure, evidence admissibility, and Charter of Rights and Freedoms issues remain binding on the parties in the new trial—again, unless the court finds it would be unfair. The law received royal assent on June 26, 2011, but most of its provisions come into force on dates set later by the Governor in Council (the federal cabinet).

What This Bill Does
  • Establishes the role of 'case management judge' who can be appointed before jury selection (or before evidence is presented in judge-only trials) to organize complex trials and make pre-trial legal decisions
  • Grants case management judges power to help identify witnesses, encourage settlements of disputed facts, set deadlines, and decide legal issues related to evidence disclosure, evidence admissibility, Charter rights, expert witnesses, and trial severance (splitting of counts or accused) before the main trial begins
  • Makes decisions made by a case management judge binding on the parties throughout the trial, even if a different judge hears the main evidence, unless fresh evidence or fairness concerns require otherwise
  • Allows courts to order that an order splitting a trial (severance order) takes effect at a later date or upon a specified event, to ensure consistent decisions in related cases
  • Permits judges to swear in 13 or 14 jurors instead of the standard 12 in trials where the judge considers it necessary for proper administration of justice
  • Increases the number of peremptory challenges (challenges without stated reason) available to prosecutors and defence lawyers when 13 or 14 jurors are sworn (one extra challenge for 13 jurors, two extra for 14 jurors)
  • Allows courts to order that 13 or 14 jurors hear the evidence, with extra jurors discharged by random draw after the judge's instructions to the jury but before the jury retires to decide the verdict
  • Enables courts to protect juror identity by banning publication of jurors' names and information that could reveal their identity, or limiting access to and use of such information
  • Streamlines the use of direct indictments by ensuring that when a direct indictment is preferred for the same or an included offence, existing bail conditions continue to apply
  • Requires that if two unsworn jurors are drawn to decide a challenge to a juror in cases with 13 or 14 jurors, those appointed jurors serve until the full jury (12, 13, or 14 as ordered) is sworn
  • Provides that in a mistrial, legal rulings made during the trial about evidence disclosure, evidence admissibility, and Charter of Rights and Freedoms issues remain binding in any new trial, unless fairness requires otherwise
  • Allows a judge to continue a trial with a judge and jury or restart it after a mistrial without requiring the accused to make a new election of trial type
Who Is Affected
  • Accused persons in large, complex criminal trials who may face case management procedures, larger juries, and decisions made before their trial begins
  • Prosecutors handling complex cases where case management judges may be appointed
  • Defence counsel representing accused in cases subject to case management
  • Judges (including chief justices and chief judges) who must appoint or act as case management judges
  • Jurors in 'mega-trials' who may be one of 13 or 14 jurors instead of 12, and whose identity may be protected from publication
  • Courts at the trial level conducting jury and non-jury criminal proceedings
  • Provincial court judges conducting indictable offence proceedings
  • Sheriffs and prison officials who may need to transport accused persons for joint hearings in related trials
Rights, Duties, Or Obligations
  • Prosecutors or accused persons (or a case management judge on their own motion) may apply for appointment of a case management judge, but the Chief Justice or designate decides whether to appoint one
  • A case management judge must order a hearing before making any legal rulings about evidence disclosure, admissibility, Charter rights, expert witnesses, or trial severance
  • A case management judge must work to promote a fair and efficient trial and ensure evidence on the merits is presented without interruption
  • A case management judge must ensure that information about witnesses, admissions, trial length estimates, orders, and remaining issues is recorded in the court file for the trial judge who hears the evidence
  • Prosecutors and defence counsel must provide information to case management judges and cooperate with efforts to set deadlines and identify key issues
  • Trial judges must proceed continuously in cases that had a case management judge, subject to necessary adjournments
  • Judges hearing evidence in mistrial cases may (but need not) continue the trial or restart it without requiring a new election by the accused
  • Jurors summoned for mega-trials may be one of 13 or 14 instead of 12 and may be randomly discharged after judicial instructions if not needed for deliberations
  • Prosecutors and defence have increased peremptory challenges (challenges without cause) in cases with 13 or 14 jurors (one extra for 13 jurors, two extra for 14 jurors)
  • Courts may order that juror identities not be published or that access to juror information be limited
  • In related trials, Chief Justices or designates may order joint hearings on specific evidence and Charter issues to ensure consistent decisions
  • Officers holding indictments for trials in different locations must transmit them to the correct court when a joint hearing order is issued
Important Dates
  • June 26, 2011: Royal assent received
  • To be fixed by Governor in Council: Sections 1–6, subsections 7(2) and 7(4), and sections 10, 11, and 14–16 come into force
  • To be fixed by Governor in Council: Subsections 7(1) and 7(3) and sections 8, 9, 12, and 13 come into force
Uncertainties Or Limits
  • The bill does not specify which trials or cases will be considered 'mega-trials' or when a case management judge 'must' be appointed—the decision is discretionary based on whether it is 'necessary for the proper administration of justice,' a standard that is not defined in the bill
  • The bill does not provide detailed guidance on how much time a case management judge's pre-trial decisions should take or how this process should be scheduled in practice
  • The bill does not explain what happens if a case management judge and the trial judge disagree about whether fresh evidence justifies departing from earlier rulings—the test is whether the court is 'satisfied' it serves the interests of justice, but no procedure or standard for this dispute is provided
  • The bill allows severance orders to be made effective at a 'specified later date' or 'on the occurrence of a specified event,' but does not explain how long such delays can be or provide examples of when this would be appropriate
  • The bill allows courts to protect juror identity by restricting publication or access to information that 'could disclose' juror identity, but does not define what types of information (addresses, employer, photos, etc.) fall into this category
  • The bill does not explain the practical process by which a case management judge and trial judge coordinate if they are different people, or what communication or case materials are shared between them
  • The bill states that in related trials, 'if it is in the interests of justice, including ensuring consistent decisions,' a joint hearing may be held, but does not define how many related trials trigger this consideration or what constitutes 'related'
  • The bill permits 13 or 14 jurors but does not specify criteria for when this should be ordered—it only says 'if the judge considers it advisable in the interests of justice'
  • The bill does not explain whether the jury size decision (12, 13, or 14) must be made before or after jury selection begins, or whether parties have input on this choice
  • The bill does not address how extra jurors are treated during trial (do they sit in the box? in the gallery? when do they learn they may be discharged?) or how they are informed before being randomly discharged
  • The bill does not clarify whether a mistrial includes only formal declarations of mistrial or also situations where a jury cannot reach a verdict (hung jury)
  • The bill does not explain whether decisions binding across a mistrial and new trial include procedural rulings or only substantive evidentiary and Charter rulings
  • The bill provides that some provisions come into force 'on a day to be fixed by order of the Governor in Council' but does not specify when that order might be made, leaving the in-force date uncertain
Laws Or Regulations Affected
Criminal Code (Section 523)
amends

Adds new rule stating that when a direct indictment is preferred for the same or an included offence, any existing bail order, appearance notice, promise to appear, summons, undertaking, or recognizance continues to apply to the new indictment.

Source: Section 2(1)

Criminal Code (Section 536.3)
amends

Makes minor technical correction to the French version of Criminal Code rules about what information a party must provide when requesting evidence to be presented at a preliminary inquiry.

Source: Section 3

Criminal Code (New Part XVIII.1 – Case Management Judge)
creates

Adds entirely new Part XVIII.1 (sections 551.1 to 551.7) creating the role of case management judge, defining their powers to organize trials and make pre-trial decisions, and establishing procedures for joint hearings in related cases.

Source: Section 4

Criminal Code (Section 591)
amends

Allows courts to make orders splitting trials (severance orders) effective at a later date or upon a specified event if it serves the interests of justice, particularly to ensure consistent decisions. Also provides that legal rulings about evidence and Charter rights made before the severance order takes effect remain binding on the parties.

Source: Section 5

Criminal Code (Section 601)
amends

Clarifies that courts may amend defective indictments to fix defects that are apparent on their face, either before or after an accused enters a plea (with the court's permission after plea).

Source: Section 6

Criminal Code (Section 631)
amends

Permits judges to order that 13 or 14 jurors be sworn instead of 12; allows courts to order juror names and numbers to be called out in open court if necessary for proper administration of justice; updates procedures for drawing additional juror cards when more than 12 people must be selected; applies the jury selection process to all 12, 13, or 14 jurors who will hear evidence.

Source: Section 7

Criminal Code (Section 634)
amends

Increases the number of peremptory challenges (challenges without stated reason) available to prosecutor and defence by one when 13 jurors are ordered, or two when 14 jurors are ordered.

Source: Section 8

Criminal Code (Section 640)
amends

Updates rules for how two unsworn jurors (or two appointed persons) are sworn to hear challenges to a seated juror, to reflect that the final jury may consist of 12, 13, or 14 jurors.

Source: Section 9

Criminal Code (Section 641)
amends

Updates the procedure for recalling persons originally directed to stand by, to accommodate selection of 12, 13, or 14 jurors.

Source: Section 10

Criminal Code (Section 642.1)
amends

Clarifies that alternate jurors attend at the start of evidence and replace absent jurors in the order their cards were drawn, applicable to juries of 12, 13, or 14 jurors.

Source: Section 11

Criminal Code (Section 643)
amends

States that the 12, 13, or 14 jurors present at the start of evidence presentation form the jury that will hear the evidence.

Source: Section 12

Criminal Code (New Section 652.1 – Jury Reduction)
creates

Establishes procedure by which if more than 12 jurors remain after the judge's charge to the jury, the judge randomly draws one card (if 13 jurors) or two cards (if 14 jurors) to identify which jurors are discharged, reducing the jury to 12 for final deliberations.

Source: Section 13

Criminal Code (New Section 653.1 – Mistrial Rulings)
creates

Provides that when a mistrial occurs, legal rulings about evidence disclosure, evidence admissibility, and Charter of Rights and Freedoms made during the first trial remain binding in any new trial, unless the court determines fairness requires otherwise.

Source: Section 14

Criminal Code (Section 669.2)
amends

Clarifies that if a trial with a judge and jury begins but no verdict is reached (mistrial), the judge may either continue the trial or start it over from the beginning without requiring the accused to make a new election of trial type.

Source: Section 15

Criminal Code (Section 795)
amends

Extends relevant provisions of Parts XVI (compelling appearance), XVIII (indictable offences), XVIII.1 (case management judge), XX (trial procedures), and XX.1 (sentencing) to apply to provincial court proceedings, with necessary adaptations.

Source: Section 16

Criminal Code (Section 577 – Direct Indictments)
affected

The streamlined procedures for direct indictments make use of this section easier by ensuring bail conditions automatically apply when a direct indictment is preferred.

Source: Section 2

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
Senate pre-study
Jun 23, 2011
Not completed

The Senate conducted a pre-study of Bill C-2, which involved readings and committee consideration, before the bill proceeded and eventually received Royal Assent.

Pre-study of House bill, Jun 14, 2011
Chamber sittings
Pre-study of House bill - Jun 14, 2011

On June 14, 2011, the Senate introduced a new Senator and proceeded with various procedural matters, including authorizing a committee to pre-study Bill C-2, tabled reports, debated several issues, and adopted motions concerning committee meetings and sittings.

Step 2
First reading
Jun 22, 2011
Completed

This record details the completion of Bill C-2's stages in the Senate, including first, second, and third readings, committee review, and its eventual receipt of Royal Assent.

First reading, Jun 22, 2011
End of stage activity, Jun 22, 2011
Chamber sittings
First reading - Jun 22, 2011

On June 22, 2011, the Senate received Bill C-2, An Act to amend the Criminal Code (mega-trials), for its first reading as part of a day that included various other Senate proceedings and debates on unrelated topics.

This record details the completion of the First Reading stage for Bill C-2 in the Senate, while the accompanying House of Commons Hansard from June 16, 2011, extensively discusses the bill's proposed amendments to streamline complex criminal trials during its Second Reading.

This document records the discussion surrounding the first reading of Bill C-2, an act to amend the Criminal Code regarding mega-trials, in the Senate.

This record details a speech given during the first reading of Bill C-2 in the Senate on June 22, 2011, though the provided text primarily contains House of Commons debates from a different date on unrelated topics.

During a House of Commons debate on June 16, 2011, Members discussed Bill C-2, the Fair and Efficient Criminal Trials Act, focusing on procedural reforms to manage and expedite complex 'mega-trials' by introducing case management judges, streamlining processes, and enhancing juror protection.

On June 22, 2011, the Senate held the first reading of Bill C-2, an act to amend the Criminal Code concerning mega-trials, following its passage in the House of Commons, while also conducting other legislative business and debates.

Step 3
Second reading
Jun 22, 2011
Completed

The Senate completed its second reading of Bill C-2 on June 16, 2011, agreeing to refer it to committee, before the bill ultimately received Royal Assent.

Second reading, Jun 22, 2011
Referral to committee, Jun 22, 2011
End of stage activity, Jun 22, 2011
Chamber sittings
Debate at second reading - Jun 22, 2011

The Senate sitting on June 22, 2011, featured a debate on Bill C-2 (mega-trials), the second reading of Bill C-3 (budget implementation), and other procedural business and committee reports.

During the Senate's second reading debate on Bill C-2 concerning "mega-trials," senators discussed procedural measures to improve the efficiency and fairness of complex criminal trials, while also considering resource allocation and jurisdictional aspects.

During a House of Commons debate on Bill C-2 (Fair and Efficient Criminal Trials Act), the discussion was largely dominated by the ongoing Air Canada labour dispute and the government's proposed back-to-work legislation, overshadowing the procedural discussion of the bill itself.

During a debate on Bill C-2, Members of Parliament discussed proposed amendments to the Criminal Code aimed at making complex criminal trials more efficient and preventing their collapse due to delays.

During a debate on the Fair and Efficient Criminal Trials Act (Bill C-2), Members of Parliament discussed procedural reforms to manage complex "mega-trials" more effectively, while also noting the resolution of an Air Canada work stoppage that had led to related legislation.

During the Senate's second reading debate on Bill C-2, senators discussed proposed amendments to the Criminal Code aimed at improving the management and efficiency of complex "mega-trials" by introducing measures such as case management judges and streamlined procedures.

Step 4
Consideration in committee
Jun 23, 2011
Completed

The Senate completed its committee review of Bill C-2 on June 23, 2011, before the bill ultimately received royal assent.

Committee report presented, Jun 23, 2011
End of stage activity, Jun 23, 2011
Chamber sittings
Committee report presented - Jun 23, 2011

On June 23, 2011, the Senate completed committee business on Bill C-2 (mega-trials), debated and passed several other bills, and heard statements on various national and international issues.

Step 5
Third reading
Jun 23, 2011
Completed

The Senate completed the third reading of Bill C-2 on June 23, 2011, before it received royal assent.

Third reading, Jun 23, 2011
End of stage activity, Jun 23, 2011
Chamber sittings
Debate at third reading - Jun 23, 2011

On June 23, 2011, the Senate engaged in routine proceedings, question period, and debates on various matters including committee reports, supply bills, and Bill C-3, while also noting the third reading of Bill C-2 which had already received Royal Assent.

Step 1
First reading
Jun 13, 2011
Completed

This record shows Bill C-2, concerning mega-trials, completing its first reading in the House of Commons and tracing its path through subsequent legislative stages to Royal Assent.

Introduction and first reading, Jun 13, 2011
End of stage activity, Jun 13, 2011
Chamber sittings
Introduction and first reading - Jun 13, 2011

On June 13, 2011, the House of Commons sat to debate the budget, hear statements by members, and conduct oral question period, during which a bill related to criminal trials was introduced.

Step 2
Second reading
Jun 16, 2011
Completed

The House of Commons completed the Second Reading of Bill C-2, concerning mega-trials, on June 16, 2011, and referred it to committee.

Second reading and referral to committee, Jun 16, 2011
End of stage activity, Jun 16, 2011
Chamber sittings
Debate at second reading - Jun 16, 2011

During a Senate sitting on June 22, 2011, various procedural matters were addressed, including the introduction and second reading of Bill C-2 concerning mega-trials in the Criminal Code, alongside other legislative and committee business.

This House of Commons debate records the discussion and eventual referral of Bill C-2, aimed at improving the efficiency and fairness of complex criminal trials, to a committee for further review.

During a House of Commons debate on Bill C-2, Members discussed procedural changes aimed at making long and complex criminal trials, or 'mega-trials,' more efficient and fair.

During a House of Commons debate on Bill C-2 (mega-trials), members discussed procedural improvements for complex criminal trials, ultimately passing the bill to committee, while a labour dispute at Air Canada was also resolved.

In the House of Commons on June 16, 2011, members debated Bill C-2, aiming to expedite complex "mega-trials" through procedural reforms, before the bill was read a second time and sent to committee.

On June 22, 2011, the Senate received and began debating Bill C-2, aimed at streamlining complex criminal trials, alongside other Senate business including reports and discussions on various societal issues.

Step 3
Consideration in committee
Jun 22, 2011
Completed

Bill C-2, concerning mega-trials, completed its committee consideration in the House of Commons on June 22, 2011, before moving through report and third reading stages and ultimately receiving Royal Assent.

Committee report presented without an amendment, Jun 22, 2011
End of stage activity, Jun 22, 2011
Chamber sittings
Committee report presented without an amendment - Jun 22, 2011

The House of Commons considered and passed Bill C-2, An Act to amend the Criminal Code (mega-trials), after the Justice and Human Rights Committee reported it without amendments.

Step 4
Report stage
Jun 22, 2011
Completed

The House of Commons completed the Report stage for Bill C-2 on June 22, 2011, leading to Royal Assent on June 26, 2011.

Concurrence at report stage, Jun 22, 2011
End of stage activity, Jun 22, 2011
Chamber sittings
Debate at report stage - Jun 22, 2011

During a House of Commons sitting on June 22, 2011, Bill C-2, concerning mega-trials, was deemed concurred in at report stage and passed, completing its consideration in the House.

Step 5
Third reading
Jun 22, 2011
Completed

Bill C-2, an Act to amend the Criminal Code concerning mega-trials, completed its Third Reading in the House of Commons on June 22, 2011, and later received Royal Assent on June 26, 2011.

Third reading, Jun 22, 2011
End of stage activity, Jun 22, 2011
Chamber sittings
Debate at third reading - Jun 22, 2011

The House of Commons completed the third reading and passing of Bill C-2, An Act to amend the Criminal Code (mega-trials), on June 22, 2011.

Step 1
Royal assent
Jun 26, 2011
Royal assent, Jun 26, 2011
End of stage activity, Jun 26, 2011
Chamber sittings
Royal assent - Jun 26, 2011

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Rob Nicholson
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced