← Historical versions

Versions of s. 640(2)

C-46 — Criminal Code · 4 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

  1. 2019-09-19 to present available View Source
    IfOn the groundapplication of athe challengeaccused isor oneprosecutor thator ison notthe mentionedjudge’s inown subsectionmotion, (1)the judge may order the exclusion of all jurors, sworn and nounsworn, order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed byfrom the court forroom theuntil purposeit —is shall be sworn to determinedetermined whether the ground of challenge is true.true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.
    Full text

    On the application of the accused or prosecutor or on the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.

  2. 2011-10-24 to 2019-09-19 View Source
    If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.
    Full text

    If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.

  3. 2008-05-29 to 2011-10-24 View Source
    WhereIf the ground of a challenge is one that is not mentioned in subsection (1),(1) and no order has been made under subsection (2.1), the two jurors who were last sworn,sworn or— or, if no jurors have then been sworn, two persons present whomwho are appointed by the court may appoint for the purpose,purpose — shall be sworn to determine whether the ground of challenge is true.
    Full text

    If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.

  4. 2003-01-01 to 2008-05-29 View Source

    Where the ground of a challenge is one not mentioned in subsection (1), the two jurors who were last sworn, or if no jurors have then been sworn, two persons present whom the court may appoint for the purpose, shall be sworn to determine whether the ground of challenge is true.