SUMMARY

This enactment amends the Criminal Code, the Canada Evidence Act, the Contraventions Act, the Mutual Legal Assistance in Criminal Matters Act and the Supreme Court Act. Most of the amendments are to the Criminal Code and implement proposals aimed at improving diverse aspects of the administration of criminal justice. The proposals originate from the Criminal Law Section of the Uniform Law Conference of Canada, the former Law Reform Commission of Canada, various judges, members of the bar and federal and provincial departments and officials.

The amendments to the Criminal Code are mostly procedural. Some amendments affect evidentiary provisions. Others have to do with specific schemes within the Criminal Code such as impaired driving, riots, and the control of seized property. Among the procedural changes are matters relating to police and other law enforcement officials concerning arrest and interim release, search and seizure and associated matters. Some amendments adjust definitions, mode of trial procedure or dispositions and sentences for several offences. One amendment limits the publication of information considered at pre-trial proceedings in jury trials. Another limits the use that can be made of material and information disclosed to the defence by the prosecution for the purpose of trial preparation.

An amendment to the Canada Evidence Act permits evidence to be given or affidavits made on affirmation rather than on oath as a matter of choice and not because of conscientious scruples. Another amendment makes evidence of previous statements recorded or captured on video or audio tape admissible for purposes of cross-examination. There are also amendments which would make business records and other evidence obtained in foreign states more readily admissible.

The Mutual Legal Assistance in Criminal Matters Act amendments facilitate the admissibility of certificates or statements taken abroad for the purpose of explaining evidence obtained in a foreign state pursuant to a treaty and make two minor clarifications to procedural provisions.

A Supreme Court Act amendment permits the Court to remand the whole or part of a case to the court appealed from or the court of original jurisdiction and gives to courts of appeal concurrent jurisdiction with the Supreme Court of Canada with respect to granting stays of proceedings. Another amendment permits the Registrar of the Court, under the direction of the Chief Justice, to control the order for hearing cases. An amendment to the Criminal Code requires grounds of dissent to be specified for all appeals.