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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-252 |
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An Act to amend the Criminal Code (judicial
review)
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30
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1. Sections 745.6, 745.61, 745.62, 745.63
and 745.64 of the Criminal Code are
repealed.
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2. The portion of section 746 of the Act
before paragraph (a) is replaced by the
following:
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| Time spent in
custody
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746. In calculating the period of
imprisonment served for the purposes of
section 745, 745.1, 745.4 or 745.5, there shall
be included any time spent in custody between
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NON-APPLICATION OF BILL OF RIGHTS AND THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS |
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| Non- application of Canadian Bill of Rights
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3. Sections 1, 5, 6, 7 and 8 shall operate
notwithstanding the Canadian Bill of
Rights.
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| Non- application of Canadian Charter of Rights and Freedoms
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4. Sections 1, 5, 6, 7 and 8 shall operate
notwithstanding sections 7 to 15 of the
Canadian Charter of Rights and Freedoms.
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TRANSITIONAL PROVISIONS |
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5. No person who was or may have
become entitled to make an application for
judicial review under section 745.6 of the
Criminal Code, as it read immediately
before the coming into force of section 1,
may make an application for judicial
review under that section of the Criminal
Code after the coming into force of
section 1.
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6. Every application for judicial review
that was made under section 745.6 of the
Criminal Code, as it read immediately
before the coming into force of section 1,
and that had not yet been disposed of before
that coming into force, shall not be disposed
of after the coming into force of section 1.
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7. No person who was or may have
become entitled to appeal to the Court of
Appeal from a decision or determination in
respect of an application for judicial review
under section 745.62 of the Criminal Code,
as it read immediately before the coming
into force of section 1, may appeal from that
determination or decision under that
section of the Criminal Code after the
coming into force of section 1.
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8. Every appeal to the Court of Appeal
from a determination or a decision in
respect of an application for judicial review
that was made under section 745.62 of the
Criminal Code, as it read immediately
before the coming into force of section 1,
and that had not yet been disposed of before
that coming into force shall not be disposed
of after the coming into force of section 1.
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