Intervention
by Attorney
General of
Canada
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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:
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Section 579 to
apply
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(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.
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61. Subsection 650(1) of the Act is
replaced by the following:
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Accused to be
present
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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.
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Video links
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(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.
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62. Section 657 of the Act is replaced by
the following:
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Use in
evidence of
statement by
accused
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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.
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R.S., c. 23
(4th Supp.),
s. 3
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63. Subsections 657.1(1) and (2) of the Act
are replaced by the following:
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Proof of
ownership
and value of
property
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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.
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Statements to
be made
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(2) For the purposes of subsection (1), a
person shall state in an affidavit or a solemn
declaration
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R.S., c. 27 (1st
Supp.), s. 203
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64. Section 658 of the Act is replaced by
the following:
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Testimony as
to date of
birth
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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.
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Testimony of
a parent
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(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.
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Proof of age
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(3) In any proceedings to which this Act
applies,
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Other
evidence
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(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.
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Inference
from
appearance
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(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.
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R.S., c. 27 (1st
Supp.), s. 137
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65. Subsection 669.2(3) of the Act is
replaced by the following:
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Where no
adjudication is
made
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(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.
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Where no
adjudication is
made - jury
trials
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(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,
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Where trial
continued
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(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.
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66. The Act is amended by adding the
following after section 669.2:
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Jurisdiction
when
appointment
to another
court
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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.
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67. Section 677 of the Act is replaced by
the following:
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Specifying
grounds of
dissent
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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.
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68. The portion of subsection 680(1) of
the Act before paragraph (a) is replaced by
the following:
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Review by
court of
appeal
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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,
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R.S., c. 27 (1st
Supp.), s. 203
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69. Subsections 699(1) to (3) of the Act are
replaced by the following:
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How
subpoena
issued
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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.
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Who may
issue
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(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
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Order of
judge
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(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.
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70. Subsection 701(1) of the Act is
replaced by the following:
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Service
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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.
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R.S., c. 27 (1st
Supp.), s. 203
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71. Section 702 of the Act is replaced by
the following:
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Subpoena
effective
throughout
Canada
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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.
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Subpoena
effective
throughout
province
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(2) A subpoena that is issued by a justice has
effect anywhere in the province in which it is
issued.
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72. Section 709 of the Act is renumbered
as subsection 709(1) and is amended by
adding the following:
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Idem
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(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.
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73. (1) The portion of subsection 710(1) of
the Act before paragraph (a) is replaced by
the following:
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Application
where witness
is ill
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710. (1) An application under
paragraph 709(1)(a) shall be made
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(2) Subsection 710(2) of the Act is
replaced by the following:
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Evidence of
medical
practitioner
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(2) An application under subparagraph
709(1)(a)(i) may be granted on the evidence
of a registered medical practitioner.
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R.S., c. 27 (1st
Supp.), s. 152
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74. The portion of section 711 of the Act
before paragraph (a) is replaced by the
following:
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Reading
evidence of
witness who is
ill
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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
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75. The portion of subsection 712(1) of
the Act before paragraph (a) is replaced by
the following:
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Application
for order
when witness
out of Canada
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712. (1) An application that is made under
paragraph 709(1)(b) shall be made
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76. The Act is amended by adding the
following after section 713:
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Evidence not
excluded
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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.
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77. (1) The portion of subsection 715(1) of
the Act after paragraph (d) is replaced by
the following:
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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.
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(2) Subsection 715(3) of the Act is
replaced by the following:
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Absconding
accused
deemed
present
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(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.
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78. Paragraph 771(1)(b) of the Act is
replaced by the following:
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79. Subsection 803(1) of the Act is
replaced by the following:
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Adjournment
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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.
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R.S., c. 27 (1st
Supp.), s. 185
(Sch. III, item
13) (F)
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80. (1) Subsection 806(1) of the Act is
replaced by the following:
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Memo of
conviction or
order
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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.
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(2) Section 806 of the Act is amended by
adding the following after subsection (2):
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Admissibility
of certified
copy
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(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.
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81. (1) Subsection 810(1) of the Act is
replaced by the following:
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Where injury
or damage
feared
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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.
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(2) Subsection 810(3) of the Act is
replaced by the following:
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Adjudication
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(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,
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(3) Section 810 of the Act is amended by
adding the following after subsection (3.1):
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Idem
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(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
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