BILL C-17 - As passed by the House of Commons

	(ii) destroy it.
	52. (1) The portion of subsection 498(1) of the Act after paragraph (d) and before paragraph (e) is replaced by the following:
	and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,
R.S., c. 27 (1st Supp.), s. 186 (Sch. IV, item 5)	(2) Paragraphs 498(1)(g) and (h) of the Act are replaced by the following:
	(g) release the person on the person's entering into a recognizance before the officer in charge or another peace officer without sureties in such amount not exceeding five hundred dollars as the officer directs, but without deposit of money or other valuable security, or
	(h) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person's entering into a recognizance before the officer in charge or another peace officer without sureties in such amount not exceeding five hundred dollars as the officer directs and, if the officer so directs, on depositing with the officer such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer directs,
	(3) Subsection 498(3) of the Act is replaced by the following:
Consequences of non-release	(3) An officer in charge or another peace officer who has the custody of a person taken into or detained in custody for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in paragraph (1)(e), (f), (g) or (h) shall be deemed to be acting lawfully and in the execution of the officer's duty for the purposes of
	(a) any proceedings under this or any other Act of Parliament; or
	(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the officer in charge or other peace officer did not comply with the requirements of subsection (1).
	53. (1) Subsection 499(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (d):
	(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
	(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking; and
	(g) to abstain from
	(i) the consumption of alcohol or other intoxicating substances, or
	(ii) the consumption of drugs except in accordance with a medical prescription.
	(2) Section 499 of the Act is amended by adding the following after subsection (3):
Application by prosecutor	(4) Where a person has entered into an undertaking under subsection (2), the prosecutor may
	(a) at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
	(b) at the appearance,
	apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
	54. Section 502 of the Act is replaced by the following:
Failure to appear	502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
	55. (1) Subsection 503(2.1) of the Act is amended by striking out the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (d):
	(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
	(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking; or
	(g) to abstain from
	(i) the consumption of alcohol or other intoxicating substances, or
	(ii) the consumption of drugs except in accordance with a medical prescription.
	(2) Section 503 of the Act is amended by adding the following after subsection (2.2):
Application by prosecutor	(2.3) Where a person has entered into an undertaking under subsection (2.1), the prosecutor may
	(a) at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
	(b) at the appearance,
	apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
	(3) Subsection 503(3) of the Act is replaced by the following:
Remand in custody for return to jurisdiction where offence alleged to have been committed	(3) Where a person has been arrested without warrant for an indictable offence alleged to have been committed in Canada outside the territorial division where the arrest took place, the person shall, within the time prescribed in paragraph (1)(a) or (b), be taken before a justice within whose jurisdiction the person was arrested unless, where the offence was alleged to have been committed within the province in which the person was arrested, the person was taken before a justice within whose jurisdiction the offence was alleged to have been committed, and the justice within whose jurisdiction the person was arrested
	(a) if the justice is not satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, shall release that person; or
	(b) if the justice is satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, may
	(i) remand the person to the custody of a peace officer to await execution of a warrant for his or her arrest in accordance with section 528, but if no warrant is so executed within a period of six days after the time he or she is remanded to such custody, the person in whose custody he or she then is shall release him or her, or
	(ii) where the offence was alleged to have been committed within the province in which the person was arrested, order the person to be taken before a justice having jurisdiction with respect to the offence.
R.S., c. 27 (1st Supp.), s. 77	(4) Subparagraph 503(3.1)(b)(i) of the Act is replaced by the following:
	(i) giving an undertaking, including an undertaking to appear at a specified time before the court that has jurisdiction with respect to the indictable offence that the person is alleged to have committed, or
	56. The Act is amended by adding the following after section 508:
Information laid otherwise than in person	508.1 (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing.
Alternative to oath	(2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer's knowledge and belief, and such a statement is deemed to be a statement made under oath.
	57. Section 511 of the Act is amended by adding the following after subsection (2):
Discretion to postpone execution	(3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.
Deemed execution of warrant	(4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.
	58. (1) Paragraph 512(1)(a) of the Act is replaced by the following:
	(a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
	(2) Paragraph 512(2)(b) of the Act is replaced by the following:
	(b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
1994, c. 44, s. 44(1)	59. (1) Subsection 515(2.2) of the Act is replaced by the following:
Alternative to physical presence	(2.2) Where, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the appearance shall be by actual physical attendance of the accused but the justice may, subject to subsection (2.3), allow the accused to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice.
Where consent required	(2.3) The consent of the prosecutor and the accused is required for the purposes of an appearance if the evidence of a witness is to be taken at the appearance and the accused cannot appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.
	(2) Subsection 515(10) of the Act is replaced by the following:
Justification for detention in custody	(10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:
	(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
	(b) where the detention is necessary for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
	(c) on any other just cause being shown and, without limiting the generality of the foregoing, where the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the prosecution's case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment.
	60. The Act is amended by adding the following after section 515:
Variation of undertaking or recognizance	515.1 An undertaking or recognizance pursuant to which the accused was released that has been entered into under section 499, 503 or 515 may, with the written consent of the prosecutor, be varied, and where so varied, is deemed to have been entered into pursuant to section 515.
	61. (1) Subparagraph 525(1)(a)(ii) of the Act is replaced by the following:
	(ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, or
	(2) Subparagraph 525(1)(b)(ii) of the Act is replaced by the following:
	(ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision,
R.S., c. 27 (1st Supp.), s. 203	62. (1) Subsection 527(2) of the Act is replaced by the following:
Provincial court judge's order	(2) A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.
1994, c. 44, s. 50(2)	(2) Subsection 527(7) of the Act is replaced by the following:
Transfer of prisoner	(7) On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.
R.S., c. 31 (4th Supp.), s. 95	63. Section 534 of the Act is repealed.
	64. (1) Subsection 537(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (i), by adding the word ``and'' at the end of paragraph (j) and by adding the following after paragraph (j):
	(k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
	(2) Section 537 of the Act is amended by adding the following after subsection (1):
Change of venue	(2) Where a justice changes the place of hearing under paragraph (1)(a) to a place in the same province, other than a place in a territorial division in which the justice has jurisdiction, any justice who has jurisdiction in the place to which the hearing is changed may continue the hearing.
R.S., c. 27 (1st Supp.), s. 98(2)	65. (1) The portion of subsection 540(5) of the Act before paragraph (a) is replaced by the following:
Authenti- cation of transcript	(5) Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by
	(2) Subsection 540(6) of the Act is replaced by the following:
Transcription of record taken by sound recording apparatus	(6) Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).
	66. Paragraph 553(c) of the Act is amended by striking out the word ``or'' at the end of subparagraph (vii), by adding the word ``or'' at the end of subparagraph (viii) and by adding the following after subparagraph (viii):
	(viii.1) section 811 (breach of recognizance).
R.S., c. 27 (1st Supp.), s. 111	67. Subsection 566(3) of the Act is replaced by the following:
What counts may be included and who may prefer indictment	(3) Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).
	68. Section 597 of the Act is amended by adding the following after subsection (3):
Discretion to postpone execution	(4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.