Bill C-40
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
(2) Subsection 30(2) of the English
version of the Act is replaced by the
following:
|
|
| Application
for loan order
|
(2) After having given reasonable notice to
the attorney general of the province where the
exhibit sought to be lent to the state or entity
mentioned in subsection (1) is located and to
the parties to the proceeding, the competent
authority who is provided with the documents
or information shall apply for a loan order to
the court that has possession of the exhibit.
|
|
|
|
118. Subsection 31(1) of the Act is
replaced by the following:
|
|
| Making of
loan order
|
31. (1) If the court to which an application
is made under subsection 30(2) is satisfied that
the state or entity has requested the loan for a
fixed period and has agreed to comply with the
terms and conditions that the court proposes to
include in any loan order, the court may, after
having considered any representations of the
persons to whom notice of the application was
given in accordance with subsection 30(2),
make a loan order.
|
|
|
|
119. Section 34 of the Act is replaced by
the following:
|
|
| Presumption
of continuity
|
34. The burden of proving that an exhibit
lent to a state or entity pursuant to a loan order
made under subsection 31(1) and returned to
Canada is not in the same condition as it was
when the loan order was made or that it was
tampered with after the loan order was made
is on the party who makes that allegation and,
in the absence of that proof, the exhibit is
deemed to have been continuously in the
possession of the court that made the loan
order.
|
|
| 1994, c. 44,
ss. 96, 97
|
120. The headings before section 36 and
sections 36 and 37 of the Act are replaced by
the following:
|
|
|
|
PART II |
|
|
|
ADMISSIBILITY IN CANADA OF EVIDENCE OBTAINED ABROAD PURSUANT TO AN AGREEMENT |
|
| Foreign
records
|
36. (1) In a proceeding with respect to
which Parliament has jurisdiction, a record or
a copy of the record and any affidavit,
certificate or other statement pertaining to the
record made by a person who has custody or
knowledge of the record, sent to the Minister
by a state or entity in accordance with a
Canadian request, is not inadmissible in
evidence by reason only that a statement
contained in the record, copy, affidavit,
certificate or other statement is hearsay or a
statement of opinion.
|
|
| Probative
value
|
(2) For the purpose of determining the
probative value of a record or a copy of a
record admitted in evidence under this Act,
the trier of fact may examine the record or
copy, receive evidence orally or by affidavit,
or by a certificate or other statement
pertaining to the record in which a person
attests that the certificate or statement is made
in conformity with the laws that apply to a
state or entity, whether or not the certificate or
statement is in the form of an affidavit attested
to before an official of the state or entity,
including evidence as to the circumstances in
which the information contained in the record
or copy was written, stored or reproduced, and
draw any reasonable inference from the form
or content of the record or copy.
|
|
| Foreign things
|
37. In a proceeding with respect to which
Parliament has jurisdiction, a thing and any
affidavit, certificate or other statement
pertaining to the thing made by a person in a
state or entity as to the identity and possession
of the thing from the time it was obtained until
its sending to a competent authority in Canada
by the state or entity in accordance with a
Canadian request, are not inadmissible in
evidence by reason only that the affidavit,
certificate or other statement contains hearsay
or a statement of opinion.
|
|
|
|
121. Section 39 of the Act is replaced by
the following:
|
|
| Service
abroad
|
39. The service of a document in the
territory over which the state or entity has
jurisdiction may be proved by affidavit of the
person who served it.
|
|
|
|
122. The headings before section 40 of the
Act are replaced by the following:
|
|
|
|
PART III |
|
|
|
IMPLEMENTATION OF AGREEMENTS IN CANADA |
|
|
|
Special Authorization to Come Into Canada |
|
|
|
123. Subsection 40(1) of the Act is
replaced by the following:
|
|
| Special
authorization
|
40. (1) The Minister may, in order to give
effect to a request of a Canadian competent
authority, authorize a person in a state or entity
who is a member of an inadmissible class of
persons described in section 19 of the
Immigration Act to come into Canada at a
place designated by the Minister and to go to
and remain in a place in Canada so designated
for the period of time specified by the
Minister, and the Minister may make the
authorization subject to any conditions that
the Minister considers desirable.
|
|
|
|
124. Paragraphs 41(1)(a) and (b) of the
Act are replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
125. Subsection 42(1) of the Act is
replaced by the following:
|
|
| Detention of
transferred
person
|
42. (1) When the Minister, in order to give
effect to a request of a Canadian competent
authority, authorizes a person who is detained
in a state or entity to be transferred to Canada
for a period of time specified by the Minister,
a judge of the province to which the person is
to be transferred may make an order for the
detention of the person anywhere in Canada
and for the return of the person to the state or
entity.
|
|
|
|
126. Section 43 of the Act is replaced by
the following:
|
|
| Powers of
judge
|
43. When a Canadian request is presented to
a state or entity and a person in the state or
entity refuses to answer one or more questions
or to give up certain records or things by
reason of a law in force in Canada, a judge may
determine the validity of the refusal on
application made, on reasonable notice to the
person, by a Canadian competent authority.
|
|
|
|
127. Subsection 44(1) of the Act is
replaced by the following:
|
|
| Privilege
|
44. (1) Subject to subsection 38(2), a record
sent to the Minister by a state or entity in
accordance with a Canadian request is
privileged and no person shall disclose to
anyone the record or its purport or the contents
of the record or any part of it before the record,
in compliance with the conditions on which it
was so sent, is made public or disclosed in the
course or for the purpose of giving evidence.
|
|
| SOR/90-704;
SOR/93-446
|
128. The schedule to the Act is replaced
by the following:
|
|
|
|
SCHEDULE (Sections 2, 4, 6 and 8)
|
|
|
|
DESIGNATED STATES OR ENTITIES |
|
|
|
The International Criminal Tribunal for the
Prosecution of Persons Responsible for
Genocide and other Serious Violations of
International Humanitarian Law
Committed in the Territory of Rwanda and
Rwandan citizens responsible for genocide
and other such violations committed in the
territory of neighbouring States, between 1
January 1994 and 31 December 1994,
established by Resolution 955 (1994) of the
Security Council of the United Nations
|
|
|
|
The International Tribunal for the Prosecution
of Persons Responsible for Serious
Violations of International Law Committed
in the Territory of the Former Yugoslavia
since 1991, established by Resolution 827
(1993) of the Security Council of the United
Nations
|
|
|
|
Repeals |
|
| Repeal of R.S.
c. E-23
|
129. The Extradition Act is repealed.
|
|
| Repeal of R.S.
c. F-32
|
130. The Fugitive Offenders Act is
repealed.
|
|