|
|
36. The Act is amended by adding the
following after section 490.8:
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| Management
order
|
490.81 (1) With respect to offence-related
property other than a controlled substance
within the meaning of the Controlled Drugs
and Substances Act, on application of the
Attorney General or of any other person with
the written consent of the Attorney General, a
judge or justice in the case of offence-related
property seized under section 487, or a judge
in the case of offence-related property
restrained under section 490.8, may, where he
or she is of the opinion that the circumstances
so require,
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|
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|
|
| Appointment
of Minister of
Public Works
and
Government
Services
|
(2) When the Attorney General of Canada
so requests, a judge or justice appointing a
person under subsection (1) shall appoint the
Minister of Public Works and Government
Services.
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| Power to
manage
|
(3) The power to manage or otherwise deal
with property under subsection (1) includes
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| Application
for
destruction
order
|
(4) Before a person appointed to manage
property destroys property that has little or no
value, he or she shall apply to a court for a
destruction order.
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| Notice
|
(5) Before making a destruction order in
relation to any property, a court shall require
notice in accordance with subsection (6) to be
given to, and may hear, any person who, in the
opinion of the court, appears to have a valid
interest in the property.
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| Manner of
giving notice
|
(6) A notice shall
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|
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| Order
|
(7) A court may order that the property be
destroyed if it is satisfied that the property has
little or no value, whether financial or other.
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| When
management
order ceases
to have effect
|
(8) A management order ceases to have
effect when the property that is the subject of
the management order is returned in
accordance with the law to an applicant or
forfeited to Her Majesty.
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| Application to
vary
conditions
|
(9) The Attorney General may at any time
apply to the judge or justice to cancel or vary
any condition to which a management order is
subject, but may not apply to vary an
appointment made under subsection (2).
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|
37. (1) Subsection 515(4.1) of the Act is
amended by adding the following after
paragraph (b):
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|
|
| 1999, c. 25,
s. 8(4)
|
(2) The portion of subsection 515(4.2) of
the Act before paragraph (a) is replaced by
the following:
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| Additional
conditions
|
(4.2) Before making an order under
subsection (2), in the case of an accused who
is charged with an offence described in section
264 or 423.1 or an offence in the commission
of which violence against a person was used,
threatened or attempted, the justice shall
consider whether it is desirable, in the
interests of the safety and security of any
person, particularly a victim of or witness to
the offence or a justice system participant, to
include as a condition of the order
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| 1997, c. 23,
s. 16
|
(3) Subparagraph 515(6)(a)(ii) of the Act
is replaced by the following:
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|
|
|
| 1992, c. 41,
s. 1; 1998,
c. 9, s. 5
|
38. Subsections 631(3) to (5) of the Act are
replaced by the following:
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| To be drawn
by clerk of
court
|
(3) The clerk of the court shall, in open
court, draw out the cards referred to in
subsection (1), one after another, and shall call
out the name and number on each card as it is
drawn, until the number of persons who have
answered is, in the opinion of the judge,
sufficient to provide a full jury after allowing
for orders to excuse, challenges and directions
to stand by where
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| Where name
not to be
called
|
(3.1) On application by the prosecutor or on
its own motion, the court, or a judge of the
court, before which the jury trial is to be held,
if it is satisfied that it is in the best interest of
the administration of justice to do so,
including in order to protect the privacy or
safety of the members of the jury, may order
that, for the purposes of subsection (3), the
clerk of the court shall only call out the
number on each card.
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| Juror and
other persons
to be sworn
|
(4) The clerk of the court shall swear each
member of the jury in the order in which his or
her card was drawn and shall swear any other
person providing technical, personal,
interpretative or other support services to a
juror with a physical disability.
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| Drawing
additional
cards if
necessary
|
(5) Where the number of persons who
answer under subsection (3) or (3.1) is not
sufficient to provide a full jury, the clerk of the
court shall proceed in accordance with
subsections (3), (3.1) and (4) until twelve
jurors are sworn.
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| Ban on
publication,
etc.
|
(6) On application by the prosecutor or on
its own motion, the court or judge before
which a jury trial is to be held may, if an order
under subsection (3.1) has been made, make
an order directing that the identity of a juror or
any information that could disclose their
identity shall not be published in any
document or broadcast in any way, if the court
or judge is satisfied that such an order is
necessary for the proper administration of
justice.
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| 1992, c. 41,
s. 2
|
39. The portion of section 632 of the Act
before paragraph (a) is replaced by the
following:
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| Excusing
jurors
|
632. The judge may, at any time before the
commencement of a trial, order that any juror
be excused from jury service, whether or not
the juror has been called pursuant to
subsection 631(3) or (3.1) or any challenge
has been made in relation to the juror, for
reasons of
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|
| 1992, c. 41,
s. 2
|
40. Section 633 of the Act is replaced by
the following:
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| Stand by
|
633. The judge may direct a juror who has
been called pursuant to subsection 631(3) or
(3.1) to stand by for reasons of personal
hardship or any other reasonable cause.
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| 1992, c. 41,
s. 3
|
41. Section 641 of the Act is replaced by
the following:
|
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| Calling jurors
who have
stood by
|
641. (1) Where a full jury has not been
sworn and no cards remain to be drawn, the
cards of those who have been directed to stand
by shall be drawn again in the order in which
their cards were drawn and they shall be
sworn, unless excused by the judge or
challenged by the accused or the prosecutor.
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| Other jurors
becoming
available
|
(2) Where, before a juror is sworn pursuant
to subsection (1), other jurors in the panel
become available, the prosecutor may require
the cards of those jurors to be put into and
drawn from the box in accordance with
section 631, and those jurors shall be
challenged, directed to stand by, excused or
sworn, as the case may be, before the jurors
who were originally directed to stand by are
called again.
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|
| 1992, c. 41,
s. 5
|
42. Subsections 643(1) and (2) of the Act
are replaced by the following:
|
|
| Who shall be
jury
|
643. (1) The twelve jurors whose cards are
drawn and who are sworn in accordance with
this Part shall be the jury to try the issues of the
indictment, and the jurors so drawn and sworn
shall be kept apart until the jury gives its
verdict or until it is discharged. Their cards
shall then be returned to the box as often as
occasion arises, as long as an issue remains to
be tried before a jury.
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| Same jury
may try
another issue
by consent
|
(2) The court may try an issue with the same
jury in whole or in part that previously tried or
was drawn to try another issue, without the
jurors being sworn again, but if the prosecutor
or the accused objects to any of the jurors or
the court excuses any of the jurors, the court
shall order those persons to withdraw and shall
direct that the required number of cards to
make up a full jury be drawn and, subject to the
provisions of this Part relating to challenges,
orders to excuse and directions to stand by, the
persons whose cards are drawn shall be sworn.
|
|
| R.S., c. 27 (1st
Supp.), s. 133
|
43. Subsection 645(5) of the Act is
replaced by the following:
|
|
| Questions
reserved for
decision in a
trial with a
jury
|
(5) In any case to be tried with a jury, the
judge before whom an accused is or is to be
tried has jurisdiction, before any juror on a
panel of jurors is called pursuant to subsection
631(3) or (3.1) and in the absence of any such
juror, to deal with any matter that would
ordinarily or necessarily be dealt with in the
absence of the jury after it has been sworn.
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|
| 1997, c. 23,
s. 17
|
44. Subparagraph 718.2(a)(iv) of the
French version of the Act is replaced by the
following:
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|
| 1997, c. 23,
s. 18
|
45. Subsection 743.6(1.1) of the Act is
replaced by the following:
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| Power of
court to delay
parole
|
(1.1) Notwithstanding section 120 of the
Corrections and Conditional Release Act,
where an offender receives a sentence of
imprisonment of two years or more, including
a sentence of imprisonment for life imposed
otherwise than as a minimum punishment, on
conviction for a criminal organization offence
other than an offence under section 467.11,
467.12 or 467.13, the court may order that the
portion of the sentence that must be served
before the offender may be released on full
parole is one half of the sentence or ten years,
whichever is less.
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| Power of
court to delay
parole
|
(1.2) Notwithstanding section 120 of the
Corrections and Conditional Release Act,
where an offender receives a sentence of
imprisonment of two years or more, including
a sentence of imprisonment for life, on
conviction for an offence under section
467.11, 467.12 or 467.13, the court shall order
that the portion of the sentence that must be
served before the offender may be released on
full parole is one half of the sentence or ten
years, whichever is less, unless the court is
satisfied, having regard to the circumstances
of the commission of the offence and the
character and circumstances of the offender,
that the expression of society's denunciation
of the offence and the objectives of specific
and general deterrence would be adequately
served by a period of parole ineligibility
determined in accordance with the
Corrections and Conditional Release Act.
|
|
| 1997, c. 23,
s. 19
|
46. (1) Subsection 810.01(1) of the Act is
replaced by the following:
|
|
| Fear of
criminal
organization
offence, etc.
|
810.01 (1) A person who fears on
reasonable grounds that another person will
commit an offence under section 423.1 or a
criminal organization offence may, with the
consent of the Attorney General, lay an
information before a provincial court judge.
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|
|
(2) Subsection 810.01(3) of the Act is
replaced by the following:
|
|
| Adjudication
|
(3) The provincial court judge before whom
the parties appear may, if satisfied by the
evidence adduced that the informant has
reasonable grounds for the fear, order that the
defendant enter into a recognizance to keep
the peace and be of good behaviour for any
period that does not exceed twelve months and
to comply with any other reasonable
conditions prescribed in the recognizance,
including the conditions set out in subsection
(5), that the provincial court judge considers
desirable for preventing the commission of an
offence referred to in subsection (1).
|
|
| Review of
sections 25.1
to 25.4 of the
Criminal
Code
|
46.1 Within three years after this section
comes into force, a review of sections 25.1 to
25.4 of the Criminal Code and their
operation shall be undertaken by any
committee of the Senate, of the House of
Commons or of both Houses of Parliament
that is designated or established for that
purpose.
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|
|
|
CONSEQUENTIAL AMENDMENTS |
|
| 1996, c. 19
|
Controlled Drugs and Substances Act |
|
|
|
47. The definition ``offence-related
property'' in subsection 2(1) of the
Controlled Drugs and Substances Act is
replaced by the following:
|
|
| ``offence-relat
ed property''
« bien
infraction- nel »
|
``offence-related property'' means, with the
exception of a controlled substance, any
property, within or outside Canada,
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|
| 1997, c. 18,
par. 140(b),
(c)(i); 1999,
c. 5, s. 48
|
48. Sections 8 and 9 of the Act are
repealed.
|
|
| 1996, c. 19,
s. 93.2
|
49. (1) Subsections 14(3) and (4) of the Act
are replaced by the following:
|
|
| 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 the
property is offence-related property, make a
restraint order prohibiting any person from
disposing of, or otherwise dealing with any
interest in, the offence-related property
specified in the order otherwise than in such
manner as may be specified in the order.
|
|
| Property
outside
Canada
|
(4) A restraint order may be issued under
this section in respect of property situated
outside Canada, with any modifications that
the circumstances require.
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|
(2) Paragraph 14(9)(a) of the Act is
replaced by the following:
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|
|
50. The Act is amended by adding the
following after section 14:
|
|
| Management
order
|
14.1 (1) On application of the Attorney
General or of any other person with the written
consent of the Attorney General, a justice in
the case of offence-related property seized
under section 11, or a judge in the case of
offence-related property restrained under
section 14, may, where he or she is of the
opinion that the circumstances so require,
|
|
|
|
|
|
|
|
|
|
| Appointment
of Minister of
Public Works
and
Government
Services
|
(2) When the Attorney General of Canada
so requests, a judge or justice appointing a
person under subsection (1) shall appoint the
Minister of Public Works and Government
Services.
|
|
| Power to
manage
|
(3) The power to manage or otherwise deal
with property under subsection (1) includes
|
|
|
|
|
|
|
|
|
|
| Application
for
destruction
order
|
(4) Before a person appointed to manage
property destroys property that has little or no
value, he or she shall apply to a court for a
destruction order.
|
|
| Notice
|
(5) Before making a destruction order in
relation to any property, a court shall require
notice in accordance with subsection (6) to be
given to, and may hear, any person who, in the
opinion of the court, appears to have a valid
interest in the property.
|
|
| Manner of
giving notice
|
(6) A notice shall
|
|
|
|
|
|
|
|
|
|
| Order
|
(7) A court may order that the property be
destroyed if it is satisfied that the property has
little or no value, whether financial or other.
|
|
| When
management
order ceases
to have effect
|
(8) A management order ceases to have
effect when the property that is the subject of
the management order is returned in
accordance with the law to an applicant or
forfeited to Her Majesty.
|
|
| Application to
vary
conditions
|
(9) The Attorney General may at any time
apply to the judge or justice to cancel or vary
any condition to which a management order is
subject but may not apply to vary an
appointment made under subsection (2).
|
|