R.S., c. 27 (1st
Supp.),
s. 54(1)
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25. (1) Paragraph 380(1)(a) of the Act is
replaced by the following:
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R.S., c. 27 (1st
Supp.),
s. 54(2)
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(2) The portion of paragraph 380(1)(b) of
the Act after subparagraph (ii) is replaced
by the following:
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26. Subsection 400(1) of the Act is
amended by adding the word ``or'' at the
end of paragraph (b) and by replacing
paragraphs (c) and (d) with the following:
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27. The portion of section 403 of the Act
after paragraph (c) is replaced by the
following:
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is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten
years or an offence punishable on summary
conviction.
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R.S., c. 27 (1st
Supp.),
s. 57(2)
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28. The portion of subsection 430(3) of
the Act before paragraph (a) is replaced by
the following:
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Punishment
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(3) Every one who commits mischief in
relation to property that is a testamentary
instrument or the value of which exceeds five
thousand dollars
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29. Paragraph (a) of the definition
``enterprise crime offence'' in section 462.3
of the Act is amended by adding the
following after subparagraph (xiii):
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30. Section 473 of the Act is amended by
adding the following after subsection (1):
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Joinder of
other offences
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(1.1) Where the consent of the accused and
the Attorney General is given in accordance
with subsection (1), the judge of the superior
court of criminal jurisdiction may order that
any offence be tried by that judge in
conjunction with the offence listed in section
469.
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31. (1) Section 474 of the Act is
renumbered as subsection 474(1) and the
French version is replaced by the following:
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Ajournement
lorsque aucun
jury n'a été
convoqué
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474. (1) Le greffier du tribunal peut, lorsque
l'autorité compétente a décidé qu'aucune liste
de jurés ne doit être convoquée pour une
session du tribunal aux fins d'instruction de
causes criminelles dans une circonscription
territoriale, le jour de l'ouverture de la
session, en l'absence d'un juge pour présider
le tribunal ajourner les affaires de celui-ci à
une date ultérieure.
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(2) Section 474 of the Act is amended by
adding the following after subsection (1):
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Adjournment
on
instructions of
judge
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(2) A clerk of the court for the trial of
criminal cases in any territorial division may,
at any time, on the instructions of the presiding
judge or another judge of the court, adjourn
the court and the business of the court to a
subsequent day.
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1990, c. 44,
s. 15
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32. Section 477.2 of the Act is replaced by
the following:
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Consent of
Attorney
General
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477.2 (1) No proceedings in respect of an
offence committed by a person in or on the
territorial sea shall be continued unless the
consent of the Attorney General of Canada is
obtained no later than eight days after
proceedings are instituted, if the accused is not
a Canadian citizen and the offence is alleged
to have been committed on board any ship
registered outside Canada.
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Exception
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(1.1) Subsection (1) does not apply to
proceedings by way of summary conviction.
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Consent of
Attorney
General
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(2) No proceedings in respect of which
courts have jurisdiction by virtue only of
paragraph 477.1(1)(a) or (b) shall be
continued unless the consent of the Attorney
General of Canada is obtained no later than
eight days after proceedings are instituted, if
the accused is not a Canadian citizen and the
offence is alleged to have been committed on
board any ship registered outside Canada.
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Idem
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(3) No proceedings in respect of which
courts have jurisdiction by virtue only of
paragraph 477.1(1)(d) or (e) shall be
continued unless the consent of the Attorney
General of Canada is obtained no later than
eight days after proceedings are instituted.
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Consent to be
filed
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(4) The consent of the Attorney General
required by subsection (1), (2) or (3) must be
filed with the clerk of the court in which the
proceedings have been instituted.
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R.S., c. 27 (1st
Supp.),
s. 64(2)
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33. Subsection 478(3) of the English
version of the Act is replaced by the
following:
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Idem
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(3) An accused who is charged with an
offence that is alleged to have been committed
in Canada outside the province in which the
accused is may, if the offence is not an offence
mentioned in section 469 and
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appear before a court or judge that would have
had jurisdiction to try that offence if it had
been committed in the province where the
accused is, and where the accused consents to
plead guilty and pleads guilty to that offence,
the court or judge shall determine the accused
to be guilty of the offence and impose the
punishment warranted by law, but where the
accused does not consent to plead guilty and
does not plead guilty, the accused shall, if the
accused was in custody prior to appearance, be
returned to custody and shall be dealt with
according to law.
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R.S., c. 27 (1st
Supp.), s. 65
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34. The portion of section 479 of the
English version of the Act after
paragraph (b) is replaced by the following:
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appear before a court or judge that would have
had jurisdiction to try that offence if it had
been committed in the place where the
accused is, and where the accused consents to
plead guilty and pleads guilty to that offence,
the court or judge shall determine the accused
to be guilty of the offence and impose the
punishment warranted by law, but where the
accused does not consent to plead guilty and
does not plead guilty, the accused shall, if the
accused was in custody prior to appearance, be
returned to custody and shall be dealt with
according to law.
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35. Subsection 482(1) of the Act is
replaced by the following:
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Power to
make rules
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482. (1) Every superior court of criminal
jurisdiction and every court of appeal may
make rules of court not inconsistent with this
or any other Act of Parliament, and any rules
so made apply to any prosecution, proceeding,
action or appeal, as the case may be, within the
jurisdiction of that court, instituted in relation
to any matter of a criminal nature or arising
from or incidental to any such prosecution,
proceeding, action or appeal.
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R.S., c. 27 (1st
Supp.),
s. 68(1)
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36. Paragraph 487(1)(b) of the Act is
replaced by the following:
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R.S., c. 27 (1st
Supp.), s. 69
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37. (1) Subsection 487.1(2) of the Act is
replaced by the following:
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Information
submitted by
telephone
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(2) An information submitted by telephone
or other means of telecommunication, other
than a means of telecommunication that
produces a writing, shall be on oath and shall
be recorded verbatim by the justice, who shall,
as soon as practicable, cause to be filed, with
the clerk of the court for the territorial division
in which the warrant is intended for execution,
the record or a transcription of it, certified by
the justice as to time, date and contents.
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Information
submitted by
other means
of
telecommunic
ation
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(2.1) The justice who receives an
information submitted by a means of
telecommunication that produces a writing
shall, as soon as practicable, cause to be filed,
with the clerk of the court for the territorial
division in which the warrant is intended for
execution, the information certified by the
justice as to time and date of receipt.
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(2) Section 487.1 of the Act is amended by
adding the following after subsection (3):
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Alternative to
oath
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(3.1) A peace officer who uses a means of
telecommunication referred to in
subsection (2.1) may, instead of swearing an
oath, make a statement in writing stating that
all matters contained in the information are
true to his or her knowledge and belief and
such a statement is deemed to be a statement
made under oath.
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R.S., c. 27 (1st
Supp.), s. 69
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(3) The portion of subsection 487.1(4) of
the Act before paragraph (a) is replaced by
the following:
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Contents of
information
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(4) An information submitted by telephone
or other means of telecommunication shall
include
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R.S., c. 27 (1st
Supp.), s. 69
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(4) The portion of subsection 487.1(5) of
the Act before paragraph (a) is replaced by
the following:
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Issuing
warrant
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(5) A justice referred to in subsection (1)
who is satisfied that an information submitted
by telephone or other means of
telecommunication
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R.S., c. 27 (1st
Supp.), s. 69
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(5) The portion of subsection 487.1(6) of
the Act before paragraph (a) is replaced by
the following:
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Formalities
respecting
warrant and
facsimiles
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(6) Where a justice issues a warrant by
telephone or other means of
telecommunication, other than a means of
telecommunication that produces a writing,
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(6) Section 487.1 of the Act is amended by
adding the following after subsection (6):
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Issuance of
warrant where
telecommunic
ation
produces
writing
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(6.1) Where a justice issues a warrant by a
means of telecommunication that produces a
writing,
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R.S., c. 27 (1st
Supp.), s. 69
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(7) Subsections 487.1(10) and (11) of the
Act are replaced by the following:
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Bringing
before justice
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(10) The clerk of the court shall, as soon as
practicable, cause the report, together with the
information and the warrant to which it
pertains, to be brought before a justice to be
dealt with, in respect of the things seized
referred to in the report, in the same manner as
if the things were seized pursuant to a warrant
issued, on an information presented
personally by a peace officer, by that justice or
another justice for the same territorial
division.
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Proof of
authorization
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(11) In any proceeding in which it is
material for a court to be satisfied that a search
or seizure was authorized by a warrant issued
by telephone or other means of
telecommunication, the absence of the
information or warrant, signed by the justice
and carrying on its face a notation of the time,
date and place of issuance, is, in the absence
of evidence to the contrary, proof that the
search or seizure was not authorized by a
warrant issued by telephone or other means of
telecommunication.
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Duplicates
and facsimiles
acceptable
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(12) A duplicate or a facsimile of an
information or a warrant has the same
probative force as the original for the purposes
of subsection (11).
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R.S., c. 27 (1st
Supp.), s. 73
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38. (1) Paragraphs 490(1)(a) and (b) of
the Act are replaced by the following:
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R.S., c. 27 (1st
Supp.), s. 73
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(2) The portion of subsection 490(2) of the
Act before paragraph (a) is replaced by the
following:
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Further
detention
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(2) Nothing shall be detained under the
authority of paragraph (1)(b) for a period of
more than three months after the day of the
seizure, or any longer period that ends when
an application made under paragraph (a) is
decided, unless
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R.S., c. 27 (1st
Supp.), s. 73
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(3) The portion of subsection 490(3) of the
Act before paragraph (a) is replaced by the
following:
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Idem
|
(3) More than one order for further
detention may be made under paragraph (2)(a)
but the cumulative period of detention shall
not exceed one year from the day of the
seizure, or any longer period that ends when
an application made under paragraph (a) is
decided, unless
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R.S., c. 27 (1st
Supp.), s. 73
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(4) The portion of subsection 490(5) of the
Act before paragraph (a) is replaced by the
following:
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Where
continued
detention no
longer
required
|
(5) Where at any time before the expiration
of the periods of detention provided for or
ordered under subsections (1) to (3) in respect
of anything seized, the prosecutor, or the
peace officer or other person having custody
of the thing seized, determines that the
continued detention of the thing seized is no
longer required for any purpose mentioned in
subsection (1) or (4), the prosecutor, peace
officer or other person shall apply to
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R.S., c. 27 (1st
Supp.), s. 73
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(5) Subsection 490(6) of the Act is
replaced by the following:
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Idem
|
(6) Where the periods of detention provided
for or ordered under subsections (1) to (3) in
respect of anything seized have expired and
proceedings have not been instituted in which
the thing detained may be required, the
prosecutor, peace officer or other person shall
apply to a judge or justice referred to in
paragraph (5)(a) or (b) in the circumstances
set out in that paragraph, for an order in
respect of the property under subsection (9)
or (9.1).
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(6) Section 490 of the Act is amended by
adding the following after subsection (9):
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Exception
|
(9.1) Notwithstanding subsection (9), a
judge or justice referred to in
paragraph (9)(a) or (b) may, if the periods of
detention provided for or ordered under
subsections (1) to (3) in respect of a thing
seized have expired but proceedings have not
been instituted in which the thing may be
required, order that the thing continue to be
detained for such period as the judge or justice
considers necessary if the judge or justice is
satisfied
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R.S., c. 27 (1st
Supp.), s. 73
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(7) Subsections 490(13) and (14) of the
Act are replaced by the following:
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Copies of
documents
returned
|
(13) The Attorney General, the prosecutor
or the peace officer or other person having
custody of a document seized may, before
bringing it before a justice or complying with
an order that the document be returned,
forfeited or otherwise dealt with under
subsection (1), (9) or (11), make or cause to
be made, and may retain, a copy of the
document.
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Probative
force
|
(14) Every copy made under subsection
(13) that is certified as a true copy by the
Attorney General, the person who made the
copy or the person in whose presence the copy
was made is admissible in evidence and, in the
absence of evidence to the contrary, has the
same probative force as the original document
would have if it had been proved in the
ordinary way.
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R.S., c. 27 (1st
Supp.), s. 73
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(8) Subsection 490(17) of the Act is
replaced by the following:
|
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Appeal
|
(17) A person who feels aggrieved by an
order made under subsection (8), (9), (9.1) or
(11) may appeal from the order to the appeal
court, as defined in section 812, and for the
purposes of the appeal the provisions of
sections 814 to 828 apply with such
modifications as the circumstances require.
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39. The definitions ``promise to appear'',
``recognizance'' and ``undertaking'' in
section 493 of the Act are replaced by the
following:
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``promise to
appear'' « promesse de... »
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``promise to appear'' means a promise in
Form 10;
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