Deemed
execution of
warrant
|
(5) Where the accused appears voluntarily
for the offence in respect of which the accused
is charged, the warrant is deemed to be
executed.
|
|
|
69. Section 604 of the Act is repealed.
|
|
|
70. Section 620 of the Act is replaced by
the following:
|
|
Appearance
by attorney
|
620. Every corporation against which an
indictment is filed shall appear and plead by
counsel or agent.
|
|
|
71. Section 621 of the Act is replaced by
the following:
|
|
Notice to
corporation
|
621. (1) The clerk of the court or the
prosecutor may, where an indictment is filed
against a corporation, cause a notice of the
indictment to be served on the corporation.
|
|
Contents of
notice
|
(2) A notice of an indictment referred to in
subsection (1) shall set out the nature and
purport of the indictment and advise that,
unless the corporation appears on the date set
out in the notice or the date fixed pursuant to
subsection 548(2.1), and enters a plea, a plea
of not guilty will be entered for the accused by
the court, and that the trial of the indictment
will be proceeded with as though the
corporation had appeared and pleaded.
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|
|
72. Section 622 of the Act is replaced by
the following:
|
|
Procedure on
default of
appearance
|
622. Where a corporation does not appear in
accordance with the notice referred to in
section 621, the presiding judge may, on proof
of service of the notice, order the clerk of the
court to enter a plea of not guilty on behalf of
the corporation, and the plea has the same
force and effect as if the corporation had
appeared by its counsel or agent and pleaded
that plea.
|
|
R.S., c. 1 (4th
Supp.), s. 45
(Sch. III, item
6)(F)
|
73. Subsection 625.1(1) of the Act is
replaced by the following:
|
|
Pre-hearing
conference
|
625.1 (1) Subject to subsection (2), on
application by the prosecutor or the accused or
on its own motion, the court, or a judge of the
court, before which, or the judge, provincial
court judge or justice before whom, any
proceedings are to be held may order that a
conference between the prosecutor and the
accused or counsel for the accused, to be
presided over by the court, judge, provincial
court judge or justice, be held prior to the
proceedings to consider the matters that, to
promote a fair and expeditious hearing, would
be better decided before the start of the
proceedings, and other similar matters, and to
make arrangements for decisions on those
matters.
|
|
R.S., c. 27 (1st
Supp.), s. 132,
c. 31 (4th
Supp.), s. 96
|
74. Subsections 638(3) and (4) of the Act
are repealed.
|
|
|
75. Section 644 of the Act is amended by
adding the following after subsection (1):
|
|
Replacement
of juror
|
(1.1) A judge may select another juror to
take the place of a juror who by reason of
illness or other reasonable cause cannot
continue to act, if the jury has not yet begun to
hear evidence, either by drawing a name from
a panel of persons who were summoned to act
as jurors and who are available at the court at
the time of replacing the juror or by using the
procedure referred to in section 642.
|
|
|
76. Subsection 645(4) of the Act is
replaced by the following:
|
|
Questions
reserved for
decision
|
(4) A judge, in any case tried without a jury,
may reserve final decision on any question
raised at the trial, or any matter raised further
to a pre-hearing conference, and the decision,
when given, shall be deemed to have been
given at the trial.
|
|
1994, c. 44, s.
61
|
77. (1) Subsection 650(1.1) of the French
version of the Act is replaced by the
following:
|
|
Présence à
distance
|
(1.1) Le tribunal peut, avec le consentement
du poursuivant et de l'accusé, permettre à ce
dernier soit d'utiliser la télévision en circuit
fermé ou tout autre moyen permettant au
tribunal et à l'accusé de se voir et de
communiquer simultanément, soit de
permettre à l'avocat représentant l'accusé de
comparaître à sa place durant tout le procès,
sauf durant la présentation de la preuve
testimoniale.
|
|
|
(2) Section 650 of the Act is amended by
adding the following after subsection (1.1):
|
|
Video links
|
(1.2) Where the court so orders, an accused
who is confined in prison may appear 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, if the accused is given the opportunity
to communicate privately with counsel, in a
case in which the accused is represented by
counsel.
|
|
|
78. The Act is amended by adding the
following after section 650:
|
|
Pre-charge
conference
|
650.1 A judge in a jury trial may, before the
charge to the jury, confer with the accused or
counsel for the accused and the prosecutor
with respect to the matters that should be
explained to the jury and with respect to the
choice of instructions to the jury.
|
|
1994, c. 44, s.
63
|
79. Subsection 657.1(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c) and by replacing
paragraph (d) with the following:
|
|
|
|
|
|
|
|
|
80. The Act is amended by adding the
following after section 657.1:
|
|
Theft and
possession
|
657.2 (1) Where an accused is charged with
possession of any property obtained by the
commission of an offence, evidence of the
conviction or discharge of another person of
theft of the property is admissible against the
accused, and in the absence of evidence to the
contrary is proof that the property was stolen.
|
|
Accessory
after the fact
|
(2) Where an accused is charged with being
an accessory after the fact to the commission
of an offence, evidence of the conviction or
discharge of another person of the offence is
admissible against the accused, and in the
absence of evidence to the contrary is proof
that the offence was committed.
|
|
Expert
testimony
|
657.3 (1) In any proceedings, the evidence
of a person as an expert may be given by
means of a report accompanied by the
affidavit or solemn declaration of the person,
setting out, in particular, the qualifications of
the person as an expert if
|
|
|
|
|
|
|
|
Attendance
for
examination
|
(2) Notwithstanding subsection (1), the
court may require the person who appears to
have signed an affidavit or solemn declaration
referred to in that subsection to appear before
it for examination or cross-examination in
respect of the issue of proof of any of the
statements contained in the affidavit or
solemn declaration or report.
|
|
|
81. The Act is amended by adding the
following after section 672.19:
|
|
When
assessment
completed
|
672.191 An accused in respect of whom an
assessment order is made shall appear before
the court that made the order as soon as is
practicable after the assessment is completed
and not later than the last day of the period that
the order is to be in force.
|
|
|
82. Section 672.24 of the Act is
renumbered as subsection 672.24(1) and is
amended by adding the following:
|
|
Counsel fees
and disburse- ments
|
(2) Where counsel is assigned pursuant to
subsection (1) and legal aid is not granted to
the accused pursuant to a provincial legal aid
program, the fees and disbursements of
counsel shall be paid by the Attorney General
to the extent that the accused is unable to pay
them.
|
|
Taxation of
fees and
disburse- ments
|
(3) Where counsel and the Attorney
General cannot agree on the fees or
disbursements of counsel, the Attorney
General or the counsel may apply to the
registrar of the court and the registrar may tax
the disputed fees and disbursements.
|
|
|
83. Section 672.38 of the Act is amended
by adding the following after subsection (2):
|
|
Personal
liability
|
(3) No member of a Review Board is
personally liable for any act done in good faith
in the exercise of the member's powers or the
performance of the member's duties and
functions or for any default or neglect in good
faith in the exercise of those powers or the
performance of those duties and functions.
|
|
|
84. (1) Section 672.5 of the Act is amended
by adding the following after subsection (8):
|
|
Counsel fees
and disburse- ments
|
(8.1) Where counsel is assigned pursuant to
subsection (8) and legal aid is not granted to
the accused pursuant to a provincial legal aid
program, the fees and disbursements of
counsel shall be paid by the Attorney General
to the extent that the accused is unable to pay
them.
|
|
Taxation of
fees and
disburse- ments
|
(8.2) Where counsel and the Attorney
General cannot agree on the fees or
disbursements of counsel, the Attorney
General or the counsel may apply to the
registrar of the court and the registrar may tax
the disputed fees and disbursements.
|
|
|
(2) Section 672.5 of the Act is amended by
adding the following after subsection (12):
|
|
Video links
|
(13) Where the accused so agrees, the court
or the chairperson of the Review Board may
permit the accused to appear by closed-circuit
television or any other means that allow the
court or Review Board and the accused to
engage in simultaneous visual and oral
communication, for any part of the hearing.
|
|
1991, c. 43, s.
4
|
85. Paragraph 672.51(9)(c) of the Act is
replaced by the following:
|
|
|
|
|
1991, c. 43, s.
4
|
86. Subsection 672.55(1) of the Act is
replaced by the following:
|
|
Treatment not
a condition
|
672.55 (1) No disposition made under
section 672.54 shall direct that any psychiatric
or other treatment of the accused be carried
out or that the accused submit to such
treatment except that the disposition may
include a condition regarding psychiatric or
other treatment where the accused has
consented to the condition and the court or
Review Board considers the condition to be
reasonable and necessary in the interests of the
accused.
|
|
1991, c. 43, s.
4
|
87. Subsection 672.6(1) of the Act is
replaced by the following:
|
|
Notice
required
|
672.6 (1) The court shall not make a
disposition under section 672.58 unless the
prosecutor notifies the accused, in writing and
as soon as practicable, of the application.
|
|
1991, c. 43, s.
4
|
88. Subsections 672.72(1) and (2) of the
Act are replaced by the following:
|
|
Grounds for
appeal
|
672.72 (1) Any party may appeal against a
disposition made by a court or a Review
Board, or a placement decision made by a
Review Board, to the court of appeal of the
province where the disposition or placement
decision was made on any ground of appeal
that raises a question of law or fact alone or of
mixed law and fact.
|
|
Limitation
period for
appeal
|
(2) An appellant shall give notice of an
appeal against a disposition or placement
decision in the manner directed by the
applicable rules of court within fifteen days
after the day on which the appellant receives
a copy of the placement decision or
disposition and the reasons for it or within any
further time that the court of appeal, or a judge
of that court, may direct.
|
|
1991, c. 43, s.
4
|
89. Paragraph 672.78(3)(a) of the Act is
replaced by the following:
|
|
|
|
|
1991, c. 43, s.
4
|
90. Subsection 672.83(2) of the Act is
replaced by the following:
|
|
Certain
provisions
applicable
|
(2) Subsection 672.52(3), and sections
672.64 and 672.71 to 672.82 apply to a
disposition made under this section, with such
modifications as the circumstances require.
|
|
1991, c. 43, s.
4
|
91. Section 672.9 of the Act is replaced by
the following:
|
|
Execution of
warrant
anywhere in
Canada
|
672.9 Any warrant or process issued in
relation to an assessment order or disposition
made in respect of an accused may be
executed or served in any place in Canada
outside the province where the order or
disposition was made as if it had been issued
in that province.
|
|
|
92. (1) Section 675 of the Act is amended
by adding the following after subsection (1):
|
|
Summary
conviction
appeals
|
(1.1) A person may appeal, pursuant to
subsection (1), with leave of the court of
appeal or a judge of that court, to that court in
respect of a summary conviction or a sentence
passed with respect to a summary conviction
as if the summary conviction had been a
conviction in proceedings by indictment if
|
|
|
|
|
|
|
|
|
|
|
|
(2) Section 675 of the Act is amended by
adding the following after subsection (2):
|
|
Persons under
eighteen
|
(2.1) A person who was under the age of
eighteen at the time of the commission of the
offence for which the person was convicted of
first degree murder or second degree murder
and sentenced to imprisonment for life
without eligibility for parole until the person
has served the period specified by the judge
presiding at the trial may appeal to the court of
appeal against the number of years in excess
of the minimum number of years of
imprisonment without eligibility for parole
that are required to be served in respect of that
person's case.
|
|
|
93. (1) Paragraph 676(1)(a) of the Act is
replaced by the following:
|
|
|
|
|
|
(2) Section 676 of the Act is amended by
adding the following after subsection (1):
|
|
Summary
conviction
appeals
|
(1.1) The Attorney General or counsel
instructed by the Attorney General may
appeal, pursuant to subsection (1), with leave
of the court of appeal or a judge of that court,
to that court in respect of a summary
conviction or a sentence passed with respect to
a summary conviction as if the summary
conviction had been a conviction in
proceedings by indictment if
|
|
|
|
|
|
|
|
|
|
|
|
94. The Act is amended by adding the
following after section 676:
|
|
Appeal re
costs
|
676.1 A party who is ordered to pay costs
may, with leave of the court of appeal or a
judge of a court of appeal, appeal the order or
the amount of costs ordered.
|
|
|
95. Subsection 679(7) of the Act is
replaced by the following:
|
|
Release or
detention
pending
hearing of
reference
|
(7) Where, with respect to any person, the
Minister of Justice gives a direction or makes
a reference under section 690, this section
applies to the release or detention of that
person pending the hearing and determination
of the reference as though that person were an
appellant in an appeal described in paragraph
(1)(a).
|
|
Release or
detention
pending new
trial or new
hearing
|
(7.1) Where, with respect to any person, the
court of appeal or the Supreme Court of
Canada orders a new trial, section 515 or 522,
as the case may be, applies to the release or
detention of that person pending the new trial
or new hearing as though that person were
charged with the offence for the first time,
except that the powers of a justice under
section 515 or of a judge under section 522 are
exercised by a judge of the court of appeal.
|
|
|
96. (1) Paragraph 682(2)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
(2) Subsections 682(3) to (5) of the Act are
replaced by the following:
|
|
Copies to
interested
parties
|
(4) A party to an appeal is entitled to
receive, on payment of any charges that are
fixed by rules of court, a copy or transcript of
any material that is prepared under
subsections (1) and (2).
|
|