| R.S., c. N-4
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145. Subsection 20(2) of the National
Capital Act is replaced by the following:
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| Punishment
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(2) The Governor in Council may by
regulation prescribe the punishment that may
be imposed on summary conviction for the
contravention of any regulation made under
subsection (1), but the punishment so
prescribed shall not exceed that set out in
subsection 787(1) of the Criminal Code .
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| R.S., c. N-5
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146. The National Defence Act is
amended by adding the following after
section 196.25:
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| Meaning of
``designated
offence''
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196.26 In this Division, ``designated
offence'' means an offence under any of the
following provisions of this Act:
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(a) paragraphs 75(a) to (d) (offences related
to security);
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(b) paragraphs 77(a) and (d) to (i) (offences
related to operations);
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(c) section 78 (spying for the enemy);
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(d) section 79 (mutiny with violence);
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(e) section 80 (mutiny without violence);
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(f) paragraphs 81(a) and (b) (offences
related to mutiny);
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(g) section 84 (striking or offering violence
to a superior officer);
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(h) paragraphs 87(a) to (c) (resisting arrest
or custody);
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(i) section 95 (abuse of subordinates);
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(j) section 100 (setting free without
authority or allowing or assisting escape);
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(k) section 101 (escape from custody);
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(l) section 101.1 (failure to comply with
conditions);
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(m) section 102 (hindering arrest or
confinement or withholding assistance);
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(n) paragraphs 111(1)(a) and (b) (improper
driving of vehicles);
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(o) section 113 (causing fires);
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(p) section 114 (stealing);
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(q) section 115 (receiving);
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(r) paragraphs 116(a) and (b) (destruction,
damage, loss or improper disposal), if the
conduct is wilful;
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(s) paragraphs 117(a) to (d) and (f)
(miscellaneous offences), except where the
offender unlawfully obtains transportation
by fraud;
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(t) section 118 (offences in relation to
tribunals);
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(u) section 118.1 (failure to appear or
attend);
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(v) section 119 (false evidence);
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(w) section 124 (negligent performance of
duties), if the negligence results in death or
bodily harm;
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(x) section 127 (negligent handling of
dangerous substances);
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(y) section 128 (conspiracy); or
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(z) section 130 (service trial of civil
offences), if the act or omission is
punishable under any other Act of
Parliament and constitutes an offence under
that other Act that is an indictable offence
or is deemed to be an indictable offence by
paragraph 34(1)(a) of the Interpretation
Act.
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| Fingerprints
and
photographs
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196.27 (1) Any person who is charged with,
or convicted by a court martial of, a
designated offence may be fingerprinted or
photographed or subjected to any other
measurement, process or operation having the
object of identifying persons that is approved
by order of the Governor in Council under the
Identification of Criminals Act.
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| Use of force
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(2) Such force may be used as is necessary
to the effectual carrying out and application of
the measurements, processes and operations
described in subsection (1).
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| Publication
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(3) The results of the measurements,
processes and operations to which a person
has been subjected under subsection (1) may
be published for the purpose of affording
information to peace officers within the
meaning of Division 6.1 and others engaged in
the execution or administration of the law.
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| No liability
for acting
under this
Division
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196.28 No civil or criminal liability shall be
incurred by any person for anything lawfully
done under this Division or by any person
concerned in the publication of results for the
purpose of subsection 196.27(3).
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| Destruction of
fingerprints,
photographs,
etc.
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196.29 Fingerprints, photographs and other
measurements that are taken under subsection
196.27(1) from a person who is charged with
a designated offence shall be destroyed
without delay
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(a) if the person is tried by summary trial in
respect of that charge; or
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(b) on application by the person, if the
charge has not been proceeded with in the
three years after the charge is laid.
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| R.S., c. Y-1
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| 1995, c. 19,
s. 12(2)
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147. Subsection 19(5.1) of the Young
Offenders Act is replaced by the following:
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| Preliminary
inquiry
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(5.1) Where a young person elects or is
deemed to have elected to be tried by a judge
of a superior court of criminal jurisdiction
with a jury, the youth court shall, on the
request of the young person or the prosecutor
made at that time or within the period fixed by
rules of court made under section 67 or 68 or,
if there are no such rules, by the youth court
judge , conduct a preliminary inquiry and if,
on its conclusion, the young person is ordered
to stand trial, the proceedings shall be before
a judge of the superior court of criminal
jurisdiction with a jury.
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| 1999, c. 3,
s. 88
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148. (1) Paragraph 19.1(4)(a) of the Act is
replaced by the following:
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(a) to be tried by a judge of the Nunavut
Court of Justice, acting as a youth court,
with a jury , or
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| 1999, c. 3,
s. 88
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(2) Subsection 19.1(6) of the Act is
replaced by the following:
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| Preliminary
inquiry -
Nunavut
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(6) If a young person elects or is deemed to
have elected under paragraph (4)(b), the youth
court shall, on the request of the young person
or the prosecutor made at that time or within
the period fixed by rules of court made under
section 67 or 68 or, if there are no such rules,
by the youth court judge, conduct a
preliminary inquiry and if, on its conclusion,
the young person is ordered to stand trial, the
proceedings shall be before a judge of the
Nunavut Court of Justice, acting as a youth
court, with a jury.
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| Bill C-7
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149. (1) If Bill C-7, introduced in the 1st
session of the 37th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then
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(a) paragraph 32(3)(c) of the other Act is
replaced by the following:
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(c) explain that the young person may plead
guilty or not guilty to the charge or, if
subsection 67(1) (election of court for
trial - adult sentence) or (3) (election of
court for trial in Nunavut - adult sentence)
applies, explain that the young person may
elect to be tried by a youth justice court
judge without a jury and without having a
preliminary inquiry, or to have a
preliminary inquiry and be tried by a judge
without a jury, or to have a preliminary
inquiry and be tried by a court composed of
a judge and jury and, in either of the latter
two cases, a preliminary inquiry will only
be conducted if requested by the young
person or the prosecutor.
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(b) subsection 67(2) of the other Act is
replaced by the following:
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| Wording of
election
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(2) The youth justice court shall put the
young person to his or her election in the
following words:
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You have the option to elect to be tried by
a youth justice court judge without a jury
and without having had a preliminary
inquiry; or you may elect to be tried by a
judge without a jury; or you may elect to be
tried by a court composed of a judge and
jury. If you do not elect now, you are
deemed to have elected to be tried by a court
composed of a judge and jury. If you elect
to be tried by a judge without a jury or by a
court composed of a judge and jury or if you
are deemed to have elected to be tried by a
court composed of a judge and jury, you will
have a preliminary inquiry only if you or the
prosecutor requests one. How do you elect
to be tried?
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(c) subsection 67(4) of the other Act is
replaced by the following:
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| Wording of
election
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(4) The youth justice court shall put the
young person to his or her election in the
following words:
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You have the option to elect to be tried by
a judge of the Nunavut Court of Justice
alone, acting as a youth justice court
without a jury and without a preliminary
inquiry; or you may elect to be tried by a
judge of the Nunavut Court of Justice,
acting as a youth justice court without a
jury; or you may elect to be tried by a judge
of the Nunavut Court of Justice, acting as a
youth justice court with a jury. If you elect
to be tried by a judge without a jury or by a
judge, acting as a youth justice court, with
a jury or if you are deemed to have elected
to be tried by a judge, acting as a youth
justice court, with a jury, you will have a
preliminary inquiry only if you or the
prosecutor requests one. How do you elect
to be tried?
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(d) paragraph 67(5)(b) of the other Act is
replaced by the following:
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(b) if the judge declines to do so, shall hold
a preliminary inquiry, if requested to do so
by one of the parties, unless a preliminary
inquiry has been held prior to the election,
re-election or deemed election.
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(e) subsection 67(7) of the other Act is
replaced by the following:
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| Preliminary
inquiry
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(7) When a young person elects to be tried
by a judge without a jury, or elects or is
deemed to have elected to be tried by a court
composed of a judge and jury, the youth
justice court referred to in subsection 13(1)
shall, on the request of the young person or the
prosecutor made at that time or within the
period fixed by rules of court made under
section 17 or 155 or, if there are no such rules,
by the youth justice court judge, conduct a
preliminary inquiry and if, on its conclusion,
the young person is ordered to stand trial, the
proceedings shall be conducted
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(a) before a judge without a jury or a court
composed of a judge and jury, as the case
may be; or
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(b) in Nunavut, before a judge of the
Nunavut Court of Justice acting as a youth
justice court, with or without a jury, as the
case may be.
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| Preliminary
inquiry if two
or more
accused
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(7.1) If two or more young persons are
jointly charged in an information and one or
more of them make a request for a preliminary
inquiry under subsection (7), a preliminary
inquiry must be held with respect to all of
them.
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| When no
request for
preliminary
inquiry
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(7.2) If no request for a preliminary inquiry
is made under subsection (7), the youth justice
court shall fix the date for the trial or the date
on which the young person must appear in the
trial court to have the date fixed.
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| Coming into
force
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(2) Subsection (1) comes into force
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(a) in the case of paragraph (a), on the
later of the coming into force of section 35
of this Act and section 32 of the other Act;
and
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(b) in the case of paragraphs (b) to (e), on
the later of the coming into force of
section 35 of this Act and section 67 of the
other Act.
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| Bill C-7
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150. If Bill C-7, introduced in the 1st
session of the 37th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then the
heading before section 147 and sections 147
and 148 of this Act are repealed if section
199 of the other Act comes into force before
sections 147 and 148 of this Act come into
force.
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| Coming into
force
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151. The provisions of this Act, other than
sections 149 and 150, and the provisions of
any Act as enacted by this Act, come into
force on a day or days to be fixed by order
of the Governor in Council.
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