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|
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Use of
material by
prosecution
|
(6) If the proposed witness does not testify,
the prosecutor may not produce material
provided to him or her under paragraph (3)(c)
in evidence without the consent of the
accused.
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No further
disclosure
|
(7) Unless otherwise ordered by a court,
information disclosed under this section in
relation to a proceeding may only be used for
the purpose of that proceeding.
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|
1995, c. 42,
s. 73
|
50. Subsection 675(2.1) of the Act is
replaced by the following:
|
|
Appeal
against
s. 743.6 order
|
(2.1) A person against whom an order under
section 743.6 has been made may appeal to
the court of appeal against the order.
|
|
1995, c. 42,
s. 74
|
51. Subsection 676(5) of the Act is
replaced by the following:
|
|
Appeal
against
decision not
to make
section 743.6
order
|
(5) The Attorney General or counsel
instructed by the Attorney General for the
purpose may appeal to the court of appeal
against the decision of the court not to make
an order under section 743.6 .
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|
1997, c. 18,
s. 95
|
52. Subsection 679(7) of the Act is
replaced by the following:
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|
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 696.3 , 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).
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53. Section 683 of the Act is amended by
adding the following after subsection (2):
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|
Virtual
presence of
parties
|
(2.1) In proceedings under this section, the
court of appeal may order that the presence of
a party may be by any technological means
satisfactory to the court that permits the court
and the other party or parties to communicate
simultaneously.
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|
Virtual
presence of
witnesses
|
(2.2) Sections 714.1 to 714.8 apply, with
any modifications that the circumstances
require, to examinations and
cross-examinations of witnesses under this
section.
|
|
|
54. Section 688 of the Act is amended by
adding the following after subsection (2):
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Manner of
appearance
|
(2.1) In the case of an appellant who is in
custody and who is entitled to be present at any
proceedings on an appeal, the court may order
that, instead of the appellant personally
appearing,
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55. Section 690 of the Act and the heading
before it are repealed.
|
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|
56. The Act is amended by adding the
following after section 696:
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|
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PART XXI.1 |
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APPLICATIONS FOR MINISTERIAL REVIEW - MISCARRIAGES OF JUSTICE |
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Application
|
696.1 (1) An application for ministerial
review on the grounds of miscarriage of
justice may be made to the Minister of Justice
by or on behalf of a person who has been
convicted of an offence under an Act of
Parliament or a regulation made under an Act
of Parliament or has been found to be a
dangerous offender or a long-term offender
under Part XXIV and whose rights of judicial
review or appeal with respect to the conviction
or finding have been exhausted.
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Form of
application
|
(2) The application must be in the form,
contain the information and be accompanied
by any documents prescribed by the
regulations.
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|
Review of
applications
|
696.2 (1) On receipt of an application under
this Part, the Minister of Justice shall review
it in accordance with the regulations.
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|
Powers of
investigation
|
(2) For the purpose of any investigation in
relation to an application under this Part, the
Minister of Justice has and may exercise the
powers of a commissioner under Part I of the
Inquiries Act and the powers that may be
conferred on a commissioner under section 11
of that Act.
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Delegation
|
(3) Despite subsection 11(3) of the Inquiries
Act, the Minister of Justice may delegate in
writing to any individual the powers of the
Minister to take evidence, issue subpoenas,
enforce the attendance of witnesses, compel
them to give evidence, and otherwise conduct
an investigation under subsection (2).
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Definition of
``court of
appeal''
|
696.3 (1) In this section, ``the court of
appeal'' means the court of appeal, as defined
by the definition ``court of appeal'' in section
2, for the province in which the person to
whom an application under this Part relates
was tried.
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Power to refer
|
(2) The Minister of Justice may, at any time,
refer to the court of appeal, for its opinion, any
question in relation to an application under
this Part on which the Minister desires the
assistance of that court, and the court shall
furnish its opinion accordingly.
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Powers of
Minister of
Justice
|
(3) On an application under this Part, the
Minister of Justice may,
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|
|
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|
|
|
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No appeal
|
(4) A decision of the Minister of Justice
made under subsection (3) is final and is not
subject to appeal.
|
|
Considera- tions
|
696.4 In making a decision under
subsection 696.3(3), the Minister of Justice
shall take into account all matters that the
Minister considers relevant, including
|
|
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|
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Annual report
|
696.5 The Minister of Justice shall within
six months after the end of each financial year
submit an annual report to Parliament in
relation to applications under this Part.
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|
Regulations
|
696.6 The Governor in Council may make
regulations
|
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|
|
|
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|
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|
|
|
57. Section 715 of the Act is amended by
adding the following after subsection (3):
|
|
Exception
|
(4) Subsections (1) to (3) do not apply in
respect of evidence received under subsection
540(7).
|
|
1995, c. 22,
s. 6
|
58. Section 731.1 of the Act is replaced by
the following:
|
|
Firearm, etc.,
prohibitions
|
731.1 (1) Before making a probation order,
the court shall consider whether section 109 or
110 is applicable.
|
|
Application of
section 109 or
110
|
(2) For greater certainty, a condition of a
probation order referred to in paragraph
732.1(3)(d) does not affect the operation of
section 109 or 110 .
|
|
1995, c. 22,
s. 6
|
59. Section 734.3 of the Act is replaced by
the following:
|
|
Change in
terms of order
|
734.3 A court that makes an order under
section 734.1, or a person designated either by
name or by title of office by that court, may, on
application by or on behalf of the offender,
subject to any rules made by the court under
section 482 or 482.1 , change any term of the
order except the amount of the fine, and any
reference in this section and sections 734,
734.1, 734.2 and 734.6 to an order shall be
read as including a reference to the order as
changed under this section.
|
|
1995, c. 22,
s. 6
|
60. Section 742.2 of the Act is replaced by
the following:
|
|
Firearm, etc.,
prohibitions
|
742.2 (1) Before imposing a conditional
sentence under section 742.1, the court shall
consider whether section 109 or 110 is
applicable.
|
|
Application of
section 109 or
110
|
(2) For greater certainty, a condition of a
conditional sentence referred to in paragraph
742.3(2)(b) does not affect the operation of
section 109 or 110 .
|
|
|
61. The Act is amended by adding the
following after section 774:
|
|
Appearance in
person -
habeas corpus
|
774.1 Despite any other provision of this
Act, the person who is the subject of a writ of
habeas corpus must appear personally in
court.
|
|
1999, c. 25,
s. 23
|
62. Paragraph (b) of the definition
``sentence'' in section 785 of the Act is
replaced by the following:
|
|
|
|
|
|
63. The Act is amended by adding the
following after section 802:
|
|
Limitation on
the use of
agents
|
802.1 Despite subsections 800(2) and
802(2), a defendant may not appear or
examine or cross-examine witnesses by agent
if he or she is liable, on summary conviction,
to imprisonment for a term of more than six
months, unless the defendant is a corporation
or the agent is authorized to do so under a
program approved by the lieutenant governor
in council of the province.
|
|
|
64. Subsection 822(4) of the Act is
replaced by the following:
|
|
Trial de novo
|
(4) Despite subsections (1) to (3), if an
appeal is taken under section 813 and because
of the condition of the record of the trial in the
summary conviction court or for any other
reason, the appeal court, on application of the
defendant, the informant, the Attorney
General or the Attorney General's agent, is of
the opinion that the interests of justice would
be better served by hearing and determining
the appeal by holding a trial de novo, the
appeal court may order that the appeal shall be
heard by way of trial de novo in accordance
with any rules that may be made under section
482 or 482.1 , and for that purpose the
provisions of sections 793 to 809 apply, with
any modifications that the circumstances
require.
|
|
R.S., c. 31
(4th Supp.),
s. 97
|
65. Section 841 of the Act and the
headings before it are replaced by the
following:
|
|
|
PART XXVIII |
|
|
MISCELLANEOUS |
|
|
Electronic Documents |
|
Definitions
|
841. The definitions in this section apply in
this section and in sections 842 to 847.
|
|
``data'' « données »
|
``data'' means representations of information
or concepts, in any form.
|
|
``electronic
document'' « document électroni- que »
|
``electronic document'' means data that is
recorded or stored on any medium in or by
a computer system or other similar device
and that can be read or perceived by a
person or a computer system or other
similar device. It includes a display,
print-out or other output of the data and any
document, record, order, exhibit, notice or
form that contains the data.
|
|
Dealing with
data in court
|
842. Despite anything in this Act, a court
may create, collect, receive, store, transfer,
distribute, publish or otherwise deal with
electronic documents if it does so in
accordance with an Act or with the rules of
court.
|
|
Transfer of
data
|
843. (1) Despite anything in this Act, a court
may accept the transfer of data by electronic
means if the transfer is made in accordance
with the laws of the place where the transfer
originates or the laws of the place where the
data is received.
|
|
Time of filing
|
(2) If a document is required to be filed in
a court and the filing is done by transfer of data
by electronic means, the filing is complete
when the transfer is accepted by the court.
|
|
Documents in
writing
|
844. A requirement under this Act that a
document be made in writing is satisfied by
the making of the document in electronic form
in accordance with an Act or the rules of court.
|
|
Signatures
|
845. If this Act requires a document to be
signed, the court may accept a signature in an
electronic document if the signature is made
in accordance with an Act or the rules of court.
|
|
Oaths
|
846. If under this Act an information, an
affidavit or a solemn declaration or a
statement under oath or solemn affirmation is
to be made by a person, the court may accept
it in the form of an electronic document if
|
|
|
|
|
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|
|
Copies
|
847. Any person who is entitled to obtain a
copy of a document from a court is entitled, in
the case of a document in electronic form, to
obtain a printed copy of the electronic
document from the court on payment of a
reasonable fee determined in accordance with
a tariff of fees fixed or approved by the
Attorney General of the relevant province.
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|