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1997, c. 23,
s. 4
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5. Subsection 185(1.1) of the Act is
replaced by the following:
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Exception for
criminal
organization
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(1.1) Notwithstanding paragraph (1)(h),
that paragraph does not apply where the
application for an authorization is in relation
to
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1997, c. 23,
s. 5
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6. Subsection 186(1.1) of the Act is
replaced by the following:
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Exception for
criminal
organization
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(1.1) Notwithstanding paragraph (1)(b),
that paragraph does not apply where the judge
is satisfied that the application for an
authorization is in relation to
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1997, c. 23,
s. 6
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7. Section 186.1 of the Act is replaced by
the following:
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Time
limitation in
relation to
criminal
organizations
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186.1 Notwithstanding paragraphs
184.2(4)(e) and 186(4)(e) and subsection
186(7), an authorization or any renewal of an
authorization may be valid for one or more
periods specified in the authorization
exceeding sixty days, each not exceeding one
year, where the authorization is in relation to
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1997, c. 23,
s. 7
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8. Subsection 196(5) of the Act is replaced
by the following:
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Exception for
criminal
organization
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(5) Notwithstanding subsections (3) and
185(3), where the judge to whom an
application referred to in subsection (2) or
185(2) is made, on the basis of an affidavit
submitted in support of the application, is
satisfied that the investigation is in relation to
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and is of the opinion that the interests of justice
warrant the granting of the application, the
judge shall grant an extension, or a subsequent
extension, of the period, but no extension may
exceed three years.
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1997, c. 23,
s. 8
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9. (1) Subsection 231(6.1) of the French
version of the Act is replaced by the
following:
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Usage
d'explosifs
par une
organisation
criminelle
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(6.1) Indépendamment de toute
préméditation, le meurtre que commet une
personne est assimilé à un meurtre au premier
degré lorsque la mort est causée au cours de la
perpétration ou de la tentative de perpétration
d'une infraction prévue à l'article 81 au profit
ou sous la direction d'une organisation
criminelle, ou en association avec elle.
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(2) Section 231 of the Act is amended by
adding the following after subsection (6.1):
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Intimidation
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(6.2) Irrespective of whether a murder is
planned and deliberate on the part of a person,
murder is first degree murder when the death
is caused while committing or attempting to
commit an offence under section 423.1.
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2000, c. 12,
par. 95(b)
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10. Subsection 423(1) of the Act is
replaced by the following:
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Intimidation
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423. (1) Every one is guilty of an indictable
offence and liable to imprisonment for a term
of not more than five years or is guilty of an
offence punishable on summary conviction
who, wrongfully and without lawful authority,
for the purpose of compelling another person
to abstain from doing anything that he or she
has a lawful right to do, or to do anything that
he or she has a lawful right to abstain from
doing,
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11. The Act is amended by adding the
following after section 423:
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Intimidation
of a justice
system
participant
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423.1 (1) No person shall, without lawful
authority, engage in conduct referred to in
subsection (2) against a justice system
participant or a journalist with the intent
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Prohibited
conduct
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(2) The conduct referred to in subsection (1)
consists of
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Punishment
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(3) Every person who contravenes this
section is guilty of an indictable offence and
is liable to imprisonment for a term of not
more than fourteen years.
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12. (1) Section 462.3 of the Act is
renumbered as subsection 462.3(1).
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R.S., c. 42
(4th Supp.),
s. 2; 1993,
c. 46, s. 5;
1994, c. 44,
s. 29; 1995,
c. 39, s. 151;
1997, c. 18,
s. 27, c. 23,
s. 9; 1998,
c. 34, s. 9(1);
1999, c. 5,
ss. 13, 52
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(2) The definition ``enterprise crime
offence'' in subsection 462.3(1) of the Act is
repealed.
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1996, c. 19,
s. 68(2)
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(3) The definition ``designated substance
offence'' in subsection 462.3(1) of the
English version of the Act is repealed.
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R.S., c. 42
(4th Supp.),
s. 2; 1993,
c. 37,
par. 32(b);
1996, c. 19,
par. 70(b)
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(4) The definition ``proceeds of crime'' in
subsection 462.3(1) of the Act is replaced by
the following:
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``proceeds of
crime'' « produits de la criminalité »
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``proceeds of crime'' means any property,
benefit or advantage, within or outside
Canada, obtained or derived directly or
indirectly as a result of
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1996, c. 19,
s. 68(2)
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(5) The definition ``infraction désignée''
in subsection 462.3(1) of the French version
of the Act is replaced by the following:
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« infraction
désignée » ``designated offence''
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« infraction désignée »
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(6) Subsection 462.3(1) of the English
version of the Act is amended by adding the
following in alphabetical order:
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``designated
offence'' « infraction désignée »
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``designated offence'' means
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(7) Section 462.3 of the Act is amended by
adding the following after subsection (1):
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Regulations
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(2) The Governor in Council may make
regulations prescribing indictable offences
that are excluded from the definition
``designated offence'' in subsection (1).
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Powers of
Attorney
General of
Canada
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(3) Notwithstanding the definition
``Attorney General'' in section 2, the Attorney
General of Canada may exercise all the
powers and perform all the duties and
functions assigned to the Attorney General by
or under this Act in respect of a designated
offence where the alleged offence arises out of
conduct that in whole or in part is in relation
to an alleged contravention of an Act of
Parliament or a regulation made under such an
Act, other than this Act or a regulation made
under this Act.
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Powers of
Attorney
General of a
province
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(4) Subsection (3) does not affect the
authority of the Attorney General of a
province to conduct proceedings in respect of
a designated offence or to exercise any of the
powers or perform any of the duties and
functions assigned to the Attorney General by
or under this Act.
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R.S., c. 42
(4th Supp.),
s. 2; 1996,
c. 19,
par. 70(c)
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13. Paragraphs 462.31(1)(a) and (b) of the
Act are replaced by the following:
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1997, c. 18,
s. 29
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14. (1) Subsection 462.32(1) of the Act is
replaced by the following:
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Special search
warrant
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462.32 (1) Subject to subsection (3), where
a judge, on application of the Attorney
General, is satisfied by information on oath in
Form 1 that there are reasonable grounds to
believe that there is in any building, receptacle
or place, within the province in which the
judge has jurisdiction or any other province,
any property in respect of which an order of
forfeiture may be made under subsection
462.37(1) or 462.38(2), in respect of a
designated offence alleged to have been
committed within the province in which the
judge has jurisdiction, the judge may issue a
warrant authorizing a person named in the
warrant or a peace officer to search the
building, receptacle or place for that property
and to seize that property and any other
property in respect of which that person or
peace officer believes, on reasonable grounds,
that an order of forfeiture may be made under
that subsection.
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(2) Section 462.32 of the Act is amended
by adding the following after subsection (4):
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Return of
proceeds
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(4.1) Subject to this or any other Act of
Parliament, a peace officer who has seized
anything under a warrant issued by a judge
under this section may, with the written
consent of the Attorney General, on being
issued a receipt for it, return the thing seized
to the person lawfully entitled to its
possession, if
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1993, c. 37,
s. 21(1); 1997,
c. 18, s. 30(2)
|
15. (1) Subsection 462.33(3) of the Act is
replaced by the following:
|
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Restraint
order
|
(3) Where an application for a restraint
order is made to a judge under subsection (1),
the judge may, if satisfied that there are
reasonable grounds to believe that there exists
within the province in which the judge has
jurisdiction or any other province, any
property in respect of which an order of
forfeiture may be made under subsection
462.37(1) or 462.38(2), in respect of a
designated offence alleged to have been
committed within the province in which the
judge has jurisdiction, make an order
prohibiting any person from disposing of, or
otherwise dealing with any interest in, the
property specified in the order otherwise than
in such manner as may be specified in the
order.
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1993, c. 37,
s. 21(2); 1996,
c. 16,
par. 60(1)(d)
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(2) Subsection 462.33(3.1) of the Act is
replaced by the following:
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