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PART 4 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS AND REPEALS |
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Transitional Provisions |
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Cases
pending -
former
Extradition
Act
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84. The Extradition Act repealed by
section 129 of this Act applies to a matter
respecting the extradition of a person as
though it had not been repealed, if the
hearing in respect of the extradition had
already begun on the day on which this Act
comes into force.
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Cases
pending -
Fugitive
Offenders Act
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85. The Fugitive Offenders Act repealed
by section 130 of this Act applies to a matter
respecting the return under that Act of a
person as though it had not been repealed,
if the hearing before the provincial court
judge in respect of the return had already
begun on the day on which this Act comes
into force.
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Consequential Amendments |
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1992, c. 20
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Corrections and Conditional Release Act
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86. Paragraph 121(1)(d) of the
Corrections and Conditional Release Act is
replaced by the following:
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1992, c. 42,
s. 42 and par.
69(i)(E)
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87. Subsection 128(3) of the Act is
replaced by the following:
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Deeming
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(3) Despite subsection (1), for the purposes
of subsection 50(2) of the Immigration Act
and section 40 of the Extradition Act, the
sentence of an offender who has been released
on full parole or statutory release is deemed to
be completed unless the full parole or
statutory release has been suspended,
terminated or revoked or the offender has
returned to Canada before the expiration of the
sentence according to law.
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R.S., c.I-1
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Identification of Criminals Act
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1992, c. 47,
s. 74(1)
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88. Paragraph 2(1)(b) of the
Identification of Criminals Act is replaced
by the following:
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Related Amendments |
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R.S., c. C-5
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Canada Evidence Act
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89. Section 46 of the Canada Evidence Act
is replaced by the following:
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Order for
examination
of witness in
Canada
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46. (1) If , on an application for that
purpose, it is made to appear to any court or
judge that any court or tribunal outside
Canada , before which any civil, commercial
or criminal matter is pending, is desirous of
obtaining the testimony in relation to that
matter of a party or witness within the
jurisdiction of the first mentioned court, of the
court to which the judge belongs or of the
judge, the court or judge may, in its or their
discretion, order the examination on oath on
interrogatories, or otherwise, before any
person or persons named in the order, of that
party or witness accordingly, and by the same
or any subsequent order may command the
attendance of that party or witness for the
purpose of being examined, and for the
production of any writings or other documents
mentioned in the order and of any other
writings or documents relating to the matter in
question that are in the possession or power of
that party or witness.
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Video links,
etc.
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(2) For greater certainty, testimony for the
purposes of subsection (1) may be given by
means of technology that permits the virtual
presence of the party or witness before the
court or tribunal outside Canada or that
permits that court or tribunal, and the parties,
to hear and examine the party or witness.
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90. Section 50 of the Act is amended by
adding the following after subsection (1):
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Laws about
witnesses to
apply -
video links
etc.
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(1.1) Despite subsection (1), when a party
or witness gives evidence under subsection
46(2), the evidence shall be given as though
they were physically before the court or
tribunal outside Canada, for the purposes of
the laws relating to evidence and procedure
but only to the extent that giving the evidence
would not disclose information otherwise
protected by the Canadian law of
non-disclosure of information or privilege.
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Contempt of
court in
Canada
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(1.2) When a party or witness gives
evidence under subsection 46(2), the
Canadian law relating to contempt of court
applies with respect to a refusal by the party or
witness to answer a question or to produce a
writing or document referred to in subsection
46(1), as ordered under that subsection by the
court or judge.
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91. Subsection 51(2) of the Act is replaced
by the following:
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Letters
rogatory
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(2) In the absence of any order in relation to
the evidence to be produced in support of the
application referred to in subsection (1),
letters rogatory from a court or tribunal
outside Canada in which the civil,
commercial or criminal matter is pending, are
deemed and taken to be sufficient evidence in
support of the application.
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R.S,. c. C-46
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Criminal Code
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92. (1) Section 131 of the Criminal Code is
amended by adding the following after
subsection (1):
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Video links,
etc.
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(1.1) Subject to subsection (3), every person
who gives evidence under subsection 46(2) of
the Canada Evidence Act, or gives evidence or
a statement pursuant to an order made under
section 22.2 of the Mutual Legal Assistance in
Criminal Matters Act, commits perjury who,
with intent to mislead, makes a false statement
knowing that it is false, whether or not the
false statement was made under oath or
solemn affirmation in accordance with
subsection (1), so long as the false statement
was made in accordance with any formalities
required by the law of the place outside
Canada in which the person is virtually
present or heard.
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R.S., c. 27 (1st
Supp.), s. 17
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(2) Subsection 131(3) of the Act is
replaced by the following:
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Application
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(3) Subsections (1) and (1.1) do not apply
to a statement referred to in either of those
subsections that is made by a person who is
not specially permitted, authorized or
required by law to make that statement.
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93. Section 136 of the Act is amended by
adding the following after subsection (1):
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Evidence in
specific cases
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(1.1) Evidence given under section 714.1,
714.2, 714.3 or 714.4 or under subsection
46(2) of the Canada Evidence Act or evidence
or a statement given pursuant to an order made
under section 22.2 of the Mutual Legal
Assistance in Criminal Matters Act is deemed
to be evidence given by a witness in a judicial
proceeding for the purposes of subsection (1).
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94. The Act is amended by adding the
following after section 700:
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Video links,
etc.
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700.1 (1) If a person is to give evidence
under section 714.1 or 714.3 or under
subsection 46(2) of the Canada Evidence
Act - or is to give evidence or a statement
pursuant to an order made under section 22.2
of the Mutual Legal Assistance in Criminal
Matters Act - at a place within the
jurisdiction of a court referred to in subsection
699(1) or (2) where the technology is
available, a subpoena shall be issued out of the
court to order the person to give that evidence
at such a place.
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Sections of
Criminal
Code
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(2) Sections 699, 700 and 701 to 703.2
apply, with any modifications that the
circumstances require, to a subpoena issued
under this section.
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95. The Act is amended by adding the
following after section 714:
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Video and Audio Evidence |
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Video links,
etc. - witness
in Canada
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714.1 A court may order that a witness in
Canada give evidence by means of technology
that permits the witness to testify elsewhere in
Canada in the virtual presence of the parties
and the court, if the court is of the opinion that
it would be appropriate in all the
circumstances, including
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Video links,
etc. - witness
outside
Canada
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714.2 (1) A court shall receive evidence
given by a witness outside Canada by means
of technology that permits the witness to
testify in the virtual presence of the parties and
the court unless one of the parties satisfies the
court that the reception of such testimony
would be contrary to the principles of
fundamental justice.
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Notice
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(2) A party who wishes to call a witness to
give evidence under subsection (1) shall give
notice to the court before which the evidence
is to be given and the other parties of their
intention to do so not less than ten days before
the witness is scheduled to testify.
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Audio
evidence -
witness in
Canada
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714.3 The court may order that a witness in
Canada give evidence by means of technology
that permits the parties and the court to hear
and examine the witness elsewhere in Canada,
if the court is of the opinion that it would be
appropriate, considering all the circumstances
including
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Audio
evidence -
witness
outside
Canada
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714.4 The court may receive evidence
given by a witness outside Canada by means
of technology that permits the parties and the
court in Canada to hear and examine the
witness, if the court is of the opinion that it
would be appropriate, considering all the
circumstances including
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Oath or
affirmation
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714.5 The evidence given under section
714.2 or 714.4 shall be given
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Other laws
about
witnesses to
apply
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714.6 When a witness who is outside
Canada gives evidence under section 714.2 or
714.4, the evidence is deemed to be given in
Canada, and given under oath or affirmation in
accordance with Canadian law, for the
purposes of the laws relating to evidence,
procedure, perjury and contempt of court.
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Costs of
technology
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714.7 A party who wishes to call a witness
to give evidence by means of the technology
referred to in section 714.1, 714.2, 714.3 or
714.4 shall pay any costs associated with the
use of the technology.
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Consent
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714.8 Nothing in sections 714.1 to 714.7 is
to be construed as preventing a court from
receiving evidence by means of the
technology referred to in sections 714.1 to
714.4 if the parties so consent.
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R.S., c. I-2
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Immigration Act
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96. Section 69.1 of the Immigration Act is
amended by adding the following after
subsection (11):
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If authority to
proceed under
Extradition
Act
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(12) If an authority to proceed has been
issued under section 15 of the Extradition Act
with respect to a person for an offence under
Canadian law that is punishable under an Act
of Parliament by a maximum term of
imprisonment of 10 years or more, a hearing
under subsection (1) or (2) shall not be
commenced with respect to the person, or if
commenced, shall be adjourned, until the final
decision under that Act with respect to the
discharge or surrender of the person has been
made.
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When person
discharged
under
Extradition
Act
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(13) If the person is finally discharged under
the Extradition Act, the hearing may be
commenced or continued, or the Refugee
Division may proceed, as though there had not
been any proceedings under the Extradition
Act.
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When person
ordered
surrendered
under
Extradition
Act
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(14) If the person is ordered surrendered by
the Minister of Justice under the Extradition
Act and the offence for which the person was
committed by the judge under section 29 of
that Act is punishable under an Act of
Parliament by a maximum term of
imprisonment of 10 years or more, the order of
surrender is deemed to be a decision by the
Refugee Division that the person is not a
Convention refugee because of paragraph (b)
of Section F of its Article 1, except that no
appeal or judicial review of the decision shall
be permitted except to the extent that a judicial
review of the order of surrender is provided for
under the Extradition Act.
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If no claim
made before
Extradition
Act order
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(15) For greater certainty, if the person has
not made a claim under section 44 before the
order of surrender referred to in subsection
(14), the person may not do so before the
surrender.
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R.S., c. 30
(4th Supp.)
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Mutual Legal Assistance in Criminal
Matters Act
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97. (1) The definitions ``foreign state''
and ``treaty'' in subsection 2(1) of the
Mutual Legal Assistance in Criminal
Matters Act are repealed.
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(2) The definitions ``offence'' and
``request'' in subsection 2(1) of the Act are
replaced by the following:
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``offence'' « infrac- tion »
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``offence'' means an offence within the
meaning of the relevant agreement ;
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``request'' « deman- de »
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``request'' means a request for assistance
presented pursuant to an agreement ;
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(3) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``agreement'' « accord »
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``agreement'' means a treaty, convention or
other international agreement that is in
force, to which Canada is a party and that
contains a provision respecting mutual
legal assistance in criminal matters;
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``state or
entity'' « État ou entité »
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``state or entity'' means
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(4) Subsection 2(2) of the Act is repealed.
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98. Subsection 3(2) of the Act is replaced
by the following:
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Preservation
of informal
arrangements
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(2) Nothing in this Act or an agreement
shall be construed so as to abrogate or
derogate from an arrangement or practice
respecting cooperation between a Canadian
competent authority and a foreign or
international authority or organization.
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99. Sections 4 and 5 of the Act are
replaced by the following:
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Designation
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4. (1) The names of international criminal
courts and tribunals that appear in the
schedule are designated as states or entities for
the purpose of this Act.
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Amendments
to schedule
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(2) The Minister of Foreign Affairs may,
with the agreement of the Minister, by order,
add to or delete from the schedule the names
of international criminal courts and tribunals.
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