71. Section 621 of the Act is replaced by the following:

Notice to corporation

621. (1) The clerk of the court or the prosecutor may, where an indictment is filed against a corporation, cause a notice of the indictment to be served on the corporation.

Contents of notice

(2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the corporation appears on the date set out in the notice or the date fixed pursuant to subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the corporation had appeared and pleaded.

72. Section 622 of the Act is replaced by the following:

Procedure on default of appearance

622. Where a corporation does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the corporation, and the plea has the same force and effect as if the corporation had appeared by its counsel or agent and pleaded that plea.

R.S., c. 1 (4th Supp.), s. 45 (Sch. III, item 6)(F)

73. Subsection 625.1(1) of the Act is replaced by the following:

Pre-hearing conference

625.1 (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.

R.S., c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96

74. Subsections 638(3) and (4) of the Act are repealed.

75. Section 644 of the Act is amended by adding the following after subsection (1):

Replacement of juror

(1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.

76. Subsection 645(4) of the Act is replaced by the following:

Questions reserved for decision

(4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.

1994, c. 44, s. 61

77. Subsection 650(1.1) of the French version of the Act is replaced by the following:

Présence à distance

(1.1) Le tribunal peut, avec le consentement du poursuivant et de l'accusé, permettre à ce dernier soit d'utiliser la télévision en circuit fermé ou tout autre moyen permettant au tribunal et à l'accusé de se voir et de communiquer simultanément, soit de permettre à l'avocat représentant l'accusé de comparaître à sa place durant tout le procès, sauf durant la présentation de la preuve testimoniale.

(2) Section 650 of the Act is amended by adding the following after subsection (1.1):

Video links

(1.2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

78. The Act is amended by adding the following after section 650:

Pre-charge conference

650.1 A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury.

1994, c. 44, s. 63

79. Subsection 657.1(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (c) and by replacing paragraph (d) with the following:

    (c.1) in the case of proceedings in respect of an offence under section 342, that the credit card had been revoked or cancelled, is a false document within the meaning of section 321 or that no credit card that meets the exact description of that credit card was ever issued; and

    (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (a) to (c.1).

80. The Act is amended by adding the following after section 657.1:

Theft and possession

657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.

Accessory after the fact

(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.

Expert testimony

657.3 (1) In any proceedings, the evidence of a person as an expert may be given by means of a report accompanied by the affidavit or solemn declaration of the person, setting out, in particular, the qualifications of the person as an expert if

    (a) the court recognizes that person as an expert; and

    (b) the party intending to produce the report in evidence has, before the proceeding, given to the other party a copy of the affidavit or solemn declaration and the report and reasonable notice of the intention to produce it in evidence.

Attendance for examination

(2) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration or report.

81. The Act is amended by adding the following after section 672.19:

When assessment completed

672.191 An accused in respect of whom an assessment order is made shall appear before the court that made the order as soon as is practicable after the assessment is completed and not later than the last day of the period that the order is to be in force.

82. Section 672.24 of the Act is renumbered as subsection 672.24(1) and is amended by adding the following:

Counsel fees and disbursements

(2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

Taxation of fees and disbursements

(3) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

83. Section 672.38 of the Act is amended by adding the following after subsection (2):

Personal liability

(3) No member of a Review Board is personally liable for any act done in good faith in the exercise of the member's powers or the performance of the member's duties and functions or for any default or neglect in good faith in the exercise of those powers or the performance of those duties and functions.

84. (1) Section 672.5 of the Act is amended by adding the following after subsection (8):

Counsel fees and disbursements

(8.1) Where counsel is assigned pursuant to subsection (8) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

Taxation of fees and disbursements

(8.2) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

(2) Section 672.5 of the Act is amended by adding the following after subsection (12):

Video links

(13) Where the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or any other means that allow the court or Review Board and the accused to engage in simultaneous visual and oral communication, for any part of the hearing.

1991, c. 43, s. 4

85. Paragraph 672.51(9)(c) of the Act is replaced by the following:

    (c) that the accused requests or authorizes in writing to inspect it, where the court or Review Board is satisfied that the person will not disclose or give to the accused a copy of any disposition information withheld from the accused pursuant to subsection (3), or of any part of the record of proceedings referred to in subsection (8), or that the reasons for withholding that information from the accused no longer exist.

1991, c. 43, s. 4

86. Subsection 672.55(1) of the Act is replaced by the following:

Treatment not a condition

672.55 (1) No disposition made under section 672.54 shall direct that any psychiatric or other treatment of the accused be carried out or that the accused submit to such treatment except that the disposition may include a condition regarding psychiatric or other treatment where the accused has consented to the condition and the court or Review Board considers the condition to be reasonable and necessary in the interests of the accused.

1991, c. 43, s. 4

87. Subsection 672.6(1) of the Act is replaced by the following:

Notice required

672.6 (1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

1991, c. 43, s. 4

88. Subsections 672.72(1) and (2) of the Act are replaced by the following:

Grounds for appeal

672.72 (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

Limitation period for appeal

(2) An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.

1991, c. 43, s. 4

89. Paragraph 672.78(3)(a) of the Act is replaced by the following:

    (a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;

1991, c. 43, s. 4

90. Subsection 672.83(2) of the Act is replaced by the following:

Certain provisions applicable

(2) Subsection 672.52(3), and sections 672.64 and 672.71 to 672.82 apply to a disposition made under this section, with such modifications as the circumstances require.

1991, c. 43, s. 4

91. Section 672.9 of the Act is replaced by the following:

Execution of warrant anywhere in Canada

672.9 Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.

92. (1) Section 675 of the Act is amended by adding the following after subsection (1):

Summary conviction appeals

(1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    (a) there has not been an appeal with respect to the summary conviction;

    (b) the summary conviction offence was tried with an indictable offence; and

    (c) there is an appeal in respect of the indictable offence.

(2) Section 675 of the Act is amended by adding the following after subsection (2):

Persons under eighteen

(2.1) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person's case.

93. (1) Paragraph 676(1)(a) of the Act is replaced by the following:

    (a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone;

(2) Section 676 of the Act is amended by adding the following after subsection (1):

Summary conviction appeals

(1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    (a) there has not been an appeal with respect to the summary conviction;

    (b) the summary conviction offence was tried with an indictable offence; and

    (c) there is an appeal in respect of the indictable offence.

94. The Act is amended by adding the following after section 676:

Appeal re costs

676.1 A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.

95. Subsection 679(7) of the Act is replaced by the following:

Release or detention pending hearing of reference

(7) Where, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 690, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

Release or detention pending new trial or new hearing

(7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 or 522, as the case may be, applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 or of a judge under section 522 are exercised by a judge of the court of appeal.

96. (1) Paragraph 682(2)(b) of the Act is replaced by the following:

    (b) any charge to the jury and any objections that were made to a charge to the jury,

(2) Subsections 682(3) to (5) of the Act are replaced by the following:

Copies to interested parties

(4) A party to an appeal is entitled to receive, on payment of any charges that are fixed by rules of court, a copy or transcript of any material that is prepared under subsections (1) and (2).

Copy for Minister of Justice

(5) The Minister of Justice is entitled, on request, to receive a copy or transcript of any material that is prepared under subsections (1) and (2).

R.S., c. 23 (4th Supp.), s. 5

97. (1) The portion of subsection 683(5) of the Act before paragraph (a) is replaced by the following:

Power to order suspension

(5) Where an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, where it considers it to be in the interests of justice, order that