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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.
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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.
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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.
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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.
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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.
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