Intervention by Attorney General of Canada

579.1 (1) The Attorney General of Canada or counsel instructed by him or her for that purpose may intervene in proceedings in the following circumstances:

    (a) the proceedings are in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of an Act of Parliament or a regulation made under that Act, other than this Act or a regulation made under this Act;

    (b) the proceedings have not been instituted by an Attorney General;

    (c) judgment has not been rendered; and

    (d) the Attorney General of the province in which the proceedings are taken has not intervened.

Section 579 to apply

(2) Section 579 applies, with such modifications as the circumstances require, to proceedings in which the Attorney General of Canada intervenes pursuant to this section.

61. Subsection 650(1) of the Act is replaced by the following:

Accused to be present

650. (1) Subject to subsections (1.1) and (2), an accused other than a corporation shall be present in court during the whole of the accused's trial.

Video links

(1.1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or 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.

62. Section 657 of the Act is replaced by the following:

Use in evidence of statement by accused

657. A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it.

R.S., c. 23 (4th Supp.), s. 3

63. Subsections 657.1(1) and (2) of the Act are replaced by the following:

Proof of ownership and value of property

657.1 (1) In any proceedings, an affidavit or a solemn declaration of a person who claims to be the lawful owner of, or the person lawfully entitled to possession of, property that was the subject-matter of the offence, or any other person who has specialized knowledge of the property or of that type of property, containing the statements referred to in subsection (2), shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.

Statements to be made

(2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration

    (a) that the person is the lawful owner of, or is lawfully entitled to possession of, the property, or otherwise has specialized knowledge of the property or of property of the same type as that property;

    (b) the value of the property;

    (c) in the case of a person who is the lawful owner of or is lawfully entitled to possession of the property, that the person has been deprived of the property by fraudulent means or otherwise without the lawful consent of the person; and

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

R.S., c. 27 (1st Supp.), s. 203

64. Section 658 of the Act is replaced by the following:

Testimony as to date of birth

658. (1) In any proceedings to which this Act applies, the testimony of a person as to the date of his or her birth is admissible as evidence of that date.

Testimony of a parent

(2) In any proceedings to which this Act applies, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person.

Proof of age

(3) In any proceedings to which this Act applies,

    (a) a birth or baptismal certificate or a copy of such a certificate purporting to be certified under the hand of the person in whose custody the certificate is held is evidence of the age of that person; and

    (b) an entry or record of an incorporated society or its officers who have had the control or care of a child or young person at or about the time the child or young person was brought to Canada is evidence of the age of the child or young person if the entry or record was made before the time when the offence is alleged to have been committed.

Other evidence

(4) In the absence of any certificate, copy, entry or record mentioned in subsection (3), or in corroboration of any such certificate, copy, entry or record, a jury, judge, justice or provincial court judge, as the case may be, may receive and act on any other information relating to age that they consider reliable.

Inference from appearance

(5) In the absence of other evidence, or by way of corroboration of other evidence, a jury, judge, justice or provincial court judge, as the case may be, may infer the age of a child or young person from his or her appearance.

R.S., c. 27 (1st Supp.), s. 137

65. Subsection 669.2(3) of the Act is replaced by the following:

Where no adjudication is made

(3) Subject to subsections (4) and (5), where the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence had been taken.

Where no adjudication is made - jury trials

(4) Where a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused,

    (a) continue the trial; or

    (b) commence the trial again as if no evidence had been taken.

Where trial continued

(5) Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

66. The Act is amended by adding the following after section 669.2:

Jurisdiction when appointment to another court

669.3 Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to have jurisdiction in respect of the trial until its completion.

67. Section 677 of the Act is replaced by the following:

Specifying grounds of dissent

677. Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based.

68. The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

Review by court of appeal

680. (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

R.S., c. 27 (1st Supp.), s. 203

69. Subsections 699(1) to (3) of the Act are replaced by the following:

How subpoena issued

699. (1) Where a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction, a subpoena directed to that person shall be issued out of the court before which the attendance of that person is required.

Who may issue

(2) Where a person is required to attend to give evidence before a summary conviction court under Part XXVII or in proceedings over which a justice has jurisdiction, a subpoena directed to that person shall be issued

    (a) by a justice, where the person whose attendance is required is within the province in which the proceedings were instituted; or

    (b) by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted, where the person whose attendance is required is not within the province.

Order of judge

(3) A subpoena shall not be issued out of a superior court of criminal jurisdiction pursuant to paragraph (2)(b), except pursuant to an order of a judge of the court made on application by a party to the proceedings.

70. Subsection 701(1) of the Act is replaced by the following:

Service

701. (1) Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection 509(2), with such modifications as the circumstances require.

R.S., c. 27 (1st Supp.), s. 203

71. Section 702 of the Act is replaced by the following:

Subpoena effective throughout Canada

702. (1) A subpoena that is issued by a provincial court judge or out of a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction has effect anywhere in Canada according to its terms.

Subpoena effective throughout province

(2) A subpoena that is issued by a justice has effect anywhere in the province in which it is issued.

72. Section 709 of the Act is renumbered as subsection 709(1) and is amended by adding the following:

Idem

(2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.

73. (1) The portion of subsection 710(1) of the Act before paragraph (a) is replaced by the following:

Application where witness is ill

710. (1) An application under paragraph 709(1)(a) shall be made

(2) Subsection 710(2) of the Act is replaced by the following:

Evidence of medical practitioner

(2) An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.

R.S., c. 27 (1st Supp.), s. 152

74. The portion of section 711 of the Act before paragraph (a) is replaced by the following:

Reading evidence of witness who is ill

711. Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be read in evidence in the proceedings if

75. The portion of subsection 712(1) of the Act before paragraph (a) is replaced by the following:

Application for order when witness out of Canada

712. (1) An application that is made under paragraph 709(1)(b) shall be made

76. The Act is amended by adding the following after section 713:

Evidence not excluded

713.1 Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice.

77. (1) The portion of subsection 715(1) of the Act after paragraph (d) is replaced by the following:

and where it is proved that the evidence was taken in the presence of the accused, it may be read as evidence in the proceedings without further proof, unless the accused proves that the accused did not have full opportunity to cross-examine the witness.

(2) Subsection 715(3) of the Act is replaced by the following:

Absconding accused deemed present

(3) For the purposes of this section, where evidence was taken at a previous trial or preliminary hearing or other proceeding in respect of an accused in the absence of the accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

78. Paragraph 771(1)(b) of the Act is replaced by the following:

    (b) the clerk of the court shall, not less than ten days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety named in the recognizance, directed to the principal or surety at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.

79. Subsection 803(1) of the Act is replaced by the following:

Adjournment

803. (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

R.S., c. 27 (1st Supp.), s. 185 (Sch. III, item 13) (F)

80. (1) Subsection 806(1) of the Act is replaced by the following:

Memo of conviction or order

806. (1) Where a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order shall be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, the court shall cause a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order to be drawn up and shall deliver the certified copy to the person making the request.

(2) Section 806 of the Act is amended by adding the following after subsection (2):

Admissibility of certified copy

(3) Where a warrant of committal in Form 21 is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

81. (1) Subsection 810(1) of the Act is replaced by the following:

Where injury or damage feared

810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or child or will damage his or her property.

(2) Subsection 810(3) of the Act is replaced by the following:

Adjudication

(3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,

    (a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or

    (b) commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance.

(3) Section 810 of the Act is amended by adding the following after subsection (3.1):

Idem

(3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person's spouse or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition

    (a) prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person's spouse or child, as the case may be, is regularly found; and

    (b) prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person's spouse or child, as the case may be.