1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-426

An Act to amend the Criminal Code

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, 39

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 649 of the Criminal Code is replaced by the following:

Disclosure of jury proceedings

649. (1 ) Every member of the jury who, except for the purposes of

    (a) an investigation of an alleged offence under subsection 139(2) in relation to a juror;

    (a.1) legitimate research; or

    (b) giving evidence in criminal proceedings in relation to such an offence,

discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

Interpreta-
tion

(2) In subsection (1), ``legitimate research'' means ``legitimate research'' as defined by a regulation made under subsection (3).

Regulation

(3) The Minister of Justice shall, before the coming into force of this section, define, by regulation, the expression ``legitimate re search'' for the purposes of paragraph (1)(a.1), and that regulation shall come into force on the coming into force of this section.

COMING INTO FORCE

Coming into force

2. This Act shall come into force not later than two months after it receives royal assent.