| 1993, c. 45, s.
11
|
82. Section 811 of the Act is replaced by
the following:
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| Breach of
recognizance
|
811. A person bound by a recognizance
under section 810 or 810.1 who commits a
breach of the recognizance is guilty of
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(a) an indictable offence and liable to
imprisonment for a term not exceeding two
years; or
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(b) an offence punishable on summary
conviction.
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83. Subsection 840(2) of the Act is
replaced by the following:
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| Order of
lieutenant
governor in
council
|
(2) The lieutenant governor in council of a
province may order that all or any of the fees
and allowances mentioned in the schedule to
this Part shall not be taken or allowed in
proceedings before summary conviction
courts and justices under this Part in that
province and, when the lieutenant governor in
council so orders, he or she may fix other fees
and allowances for items similar to those
mentioned in the schedule to be taken or
allowed instead.
|
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| R.S., c. 27 (1st
Supp), ss.
184(5) and
(6), 203;
1992, c. 1, s.
58(1) (Sch. I,
s. 17)
|
84. Forms 9 to 12, 29 and 33 of Part
XXVIII of the Act are replaced by the forms
set out in the schedule.
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| R.S., c. C-5
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85. Subsection 9(2) of the Canada
Evidence Act is replaced by the following:
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| Previous
statements by
witness not
proved
adverse
|
(2) Where the party producing a witness
alleges that the witness made at other times a
statement in writing, reduced to writing, or
recorded on audio tape or video tape or
otherwise, inconsistent with the witness'
present testimony, the court may, without
proof that the witness is adverse, grant leave
to that party to cross-examine the witness as to
the statement and the court may consider the
cross-examination in determining whether in
the opinion of the court the witness is adverse.
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86. Subsection 10(1) of the Act is replaced
by the following:
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| Cross-examin
ation as to
previous
statements
|
10. (1) On any trial a witness may be
cross-examined as to previous statements that
the witness made in writing, or that have been
reduced to writing, or recorded on audio tape
or video tape or otherwise, relative to the
subject-matter of the case, without the writing
being shown to the witness or the witness
being given the opportunity to listen to the
audio tape or view the video tape or otherwise
take cognizance of the statements, but, if it is
intended to contradict the witness, the
witness' attention must, before the
contradictory proof can be given, be called to
those parts of the statement that are to be used
for the purpose of so contradicting the witness,
and the judge, at any time during the trial, may
require the production of the writing or tape or
other medium for inspection, and thereupon
make such use of it for the purposes of the trial
as the judge thinks fit.
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87. Subsection 14(1) of the Act is replaced
by the following:
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| Solemn
affirmation by
witness
instead of
oath
|
14. (1) A person may, instead of taking an
oath, make the following solemn affirmation:
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I solemnly affirm that the evidence to be
given by me shall be the truth, the whole truth
and nothing but the truth.
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88. Subsection 15(1) of the Act is replaced
by the following:
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| Solemn
affirmation by
deponent
|
15. (1) Where a person who is required or
who desires to make an affidavit or deposition
in a proceeding or on an occasion on which or
concerning a matter respecting which an oath
is required or is lawful, whether on the taking
of office or otherwise, does not wish to take an
oath, the court or judge, or other officer or
person qualified to take affidavits or
depositions, shall permit the person to make a
solemn affirmation in the words following,
namely, ``I, ......., do solemnly affirm, etc.'',
and that solemn affirmation has the same force
and effect as if that person had taken an oath.
|
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| R.S., c. 19
(3rd Supp.), s.
18
|
89. Subsection 16(3) of the Act is replaced
by the following:
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| Testimony on
promise to tell
truth
|
(3) A person referred to in subsection (1)
who does not understand the nature of an oath
or a solemn affirmation but is able to
communicate the evidence may,
notwithstanding any provision of any Act
requiring an oath or a solemn affirmation,
testify on promising to tell the truth.
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90. (1) Subsection 29(2) of the Act is
replaced by the following:
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| Admission in
evidence
|
(2) A copy of an entry in the book or record
described in subsection (1) shall not be
admitted in evidence under this section unless
it is first proved that the book or record was,
at the time of the making of the entry, one of
the ordinary books or records of the financial
institution, that the entry was made in the
usual and ordinary course of business, that the
book or record is in the custody or control of
the financial institution and that the copy is a
true copy of it, and such proof may be given by
any person employed by the financial
institution who has knowledge of the book or
record or the manager or accountant of the
financial institution, and may be given orally
or by affidavit sworn before any
commissioner or other person authorized to
take affidavits.
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(2) Subsection 29(7) of the Act is replaced
by the following:
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| Warrants to
search
|
(7) Nothing in this section shall be
construed as prohibiting any search of the
premises of a financial institution under the
authority of a warrant to search issued under
any other Act of Parliament, but unless the
warrant is expressly endorsed by the person
under whose hand it is issued as not being
limited by this section, the authority conferred
by any such warrant to search the premises of
a financial institution and to seize and take
away anything in it shall, with respect to the
books or records of the institution, be
construed as limited to the searching of those
premises for the purpose of inspecting and
taking copies of entries in those books or
records, and section 490 of the Criminal Code
does not apply in respect of the copies of those
books or records obtained under a warrant
referred to in this section.
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91. Subsections 30(3) and (4) of the Act
are replaced by the following:
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| Copy of
records
|
(3) Where it is not possible or reasonably
practicable to produce any record described in
subsection (1) or (2), a copy of the record
accompanied by two documents, one that is
made by a person who states why it is not
possible or reasonably practicable to produce
the record and one that sets out the source from
which the copy was made, that attests to the
copy's authenticity and that is made by the
person who made the copy, is admissible in
evidence under this section in the same
manner as if it were the original of the record
if each document is
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(a) an affidavit of each of those persons
sworn before a commissioner or other
person authorized to take affidavits; or
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(b) a certificate or other statement
pertaining to the record in which the person
attests that the certificate or statement is
made in conformity with the laws of a
foreign state, whether or not the certificate
or statement is in the form of an affidavit
attested to before an official of the foreign
state.
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| Where record
kept in form
requiring
explanation
|
(4) Where production of any record or of a
copy of any record described in subsection (1)
or (2) would not convey to the court the
information contained in the record by reason
of its having been kept in a form that requires
explanation, a transcript of the explanation of
the record or copy prepared by a person
qualified to make the explanation is
admissible in evidence under this section in
the same manner as if it were the original of
the record if it is accompanied by a document
that sets out the person's qualifications to
make the explanation, attests to the accuracy
of the explanation, and is
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(a) an affidavit of that person sworn before
a commissioner or other person authorized
to take affidavits; or
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(b) a certificate or other statement
pertaining to the record in which the person
attests that the certificate or statement is
made in conformity with the laws of a
foreign state, whether or not the certificate
or statement is in the form of an affidavit
attested to before an official of the foreign
state.
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92. Section 52 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (c), by adding the word ``and'' at
the end of paragraph (d) and by adding the
following after paragraph (d):
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(e) judicial officials in a foreign country in
respect of oaths, affidavits, solemn
affirmations, declarations or similar
documents that the official is authorized to
administer, take or receive.
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93. Section 54 of the Act is replaced by the
following:
|
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| Documents to
be admitted in
evidence
|
54. (1) Any document that purports to have
affixed, impressed or subscribed on it or to it
the signature of any person authorized by any
of paragraphs 52(a) to (d) to administer, take
or receive oaths, affidavits, solemn
affirmations or declarations, together with
their seal or with the seal or stamp of their
office, or the office to which the person is
attached, in testimony of any oath, affidavit,
solemn affirmation or declaration being
administered, taken or received by the person,
shall be admitted in evidence, without proof of
the seal or stamp or of the person's signature
or official character.
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| Status of
statements
|
(2) An affidavit, solemn affirmation,
declaration or other similar statement taken or
received in a foreign country by an official
referred to in paragraph 52(e) shall be
admitted in evidence without proof of the
signature or official character of the official
appearing to have signed the affidavit, solemn
affirmation, declaration or other statement.
|
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| 1992, c. 47
|
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94. Section 69 of the Contraventions Act is
replaced by the following:
|
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| R.S., c. 27 (1st
Supp.), s.
76(2)
|
69. Subsection 501(3) of the said Act is
repealed and the following substituted
therefor:
|
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| Attendance
for purposes
of
Identification
of Criminals
Act
|
(3) An appearance notice issued by a peace
officer or a promise to appear given to, or a
recognizance entered into before, an officer in
charge or another peace officer may require
the accused to appear at a time and place stated
in it for the purposes of the Identification of
Criminals Act, where the accused is alleged to
have committed an indictable offence and, in
the case of an offence designated as a
contravention under the Contraventions Act,
the Attorney General of Canada has not
elected under section 50 of that Act that the
proceeding be dealt with and disposed of as if
it had been commenced by filing a ticket.
|
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| R.S., c. 30
(4th Supp.) [c.
M-13.6]
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95. Section 35 of the Mutual Legal
Assistance in Criminal Matters Act is
replaced by the following:
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| Appeal on
question of
law
|
35. An appeal lies, with leave, on a question
of law alone, to the court of appeal, within the
meaning of section 2 of the Criminal Code,
from any order or decision of a judge or a court
in Canada made under this Act, if the
application for leave to appeal is made to a
judge of the court of appeal within fifteen days
after the order or decision.
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96. Subsection 36(2) of the Act is replaced
by the following:
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| 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 of a foreign state,
whether or not the certificate or statement is in
the form of an affidavit attested to before an
official of the foreign state, 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.
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97. Section 37 of the Act is replaced by the
following:
|
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| 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
foreign state 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 foreign state 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.
|
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| R.S., c. S-26
|
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98. Section 43 of the Supreme Court Act is
amended by adding the following after
subsection (1):
|
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| Remand of
case
|
(1.1) Notwithstanding subsection (1), the
Court may, in its discretion, remand the whole
or any part of the case to the court appealed
from or the court of original jurisdiction and
order any further proceedings that would be
just in the circumstances.
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99. The Act is amended by adding the
following after section 46:
|
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| Appeal may
be remanded
|
46.1 The Court may, in its discretion,
remand any appeal or any part of an appeal to
the court appealed from or the court of original
jurisdiction and order any further proceedings
that would be just in the circumstances.
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100. Section 65 of the Act is amended by
adding the following after subsection (3):
|
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| Modification
of stay of
execution
|
(4) The Court, the court appealed from or a
judge of either of those courts may modify,
vary or vacate a stay of execution imposed by
subsection (1).
|
|
| 1990, c. 8, s.
40
|
101. Section 65.1 of the Act is replaced by
the following:
|
|
| Stay of
execution - a
pplication for
leave to
appeal
|
65.1 (1) The Court, the court appealed from
or a judge of either of those courts may, on the
request of the party who has served and filed
a notice of application for leave to appeal,
order that proceedings be stayed with respect
to the judgment from which leave to appeal is
being sought, on the terms deemed
appropriate.
|
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| Additional
power for
court
appealed from
|
(2) The court appealed from or a judge of
that court may exercise the power conferred
by subsection (1) before the serving and filing
of the notice of application for leave to appeal
if satisfied that the party seeking the stay
intends to apply for leave to appeal and that
delay would result in a miscarriage of justice.
|
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| Modification
|
(3) The Court, the court appealed from or a
judge of either of those courts may modify,
vary or vacate a stay order made under this
section.
|
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| 1990, c. 8, s.
41
|
102. Section 79 of the Act is replaced by
the following:
|
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| Entry of
appeals and
order of
hearing
|
79. Unless otherwise ordered by the Chief
Justice or one of the puisne judges at the Chief
Justice's direction, the appeals set down for
hearing shall be
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(a) entered by the Registrar on a list in the
order in which they have been inscribed for
hearing; and
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(b) heard in the order that the Registrar
considers appropriate and disposed of.
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