| Testimony
outside court
room
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(2.101) Notwithstanding section 650,
where an accused is charged with an offence
referred to in subsection (2.102), the presiding
judge or justice, as the case may be, may order
that any witness testify
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(a) outside the court room, if the judge or
justice is of the opinion that the order is
necessary to protect the safety of the
witness; and
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(b) outside the court room or behind a
screen or other device that would allow the
witness not to see the accused, if the judge
or justice is of the opinion that the order is
necessary to obtain a full and candid
account from the witness.
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| Offences
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(2.102) The offences for the purposes of
subsection (2.101) are
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(a) an offence under section 467.1;
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(c) an offence under subsection 16(1) or (2),
17(1), 19(1), 20(1) or 22(1) of the Security
of Information Act; and
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(d) an offence under subsection 21(1) or
section 23 of the Security of Information Act
that is committed in relation to an offence
referred to in paragraph (c).
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| Same
procedure for
opinion
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(2.11) Where the judge or justice is of the
opinion that it is necessary for the complainant
or witness to testify in order to determine
whether an order under subsection (2.1) or
(2.101) should be made in respect of that
complainant or witness, the judge or justice
shall order that the complainant or witness
testify pursuant to that subsection.
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| Condition of
exclusion
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(2.2) A complainant or witness shall not
testify outside the court room pursuant to
subsection (2.1), (2.101) or (2.11) unless
arrangements are made for the accused, the
judge or justice and the jury to watch the
testimony of the complainant or witness by
means of closed-circuit television or
otherwise and the accused is permitted to
communicate with counsel while watching
the testimony.
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| 1999, c. 25,
s. 2(3)
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(2) Subsection 486(4.1) of the Act is
replaced by the following:
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| Ban on
publication,
etc.
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(4.1) A judge or justice may, in any
proceedings against an accused other than in
respect of an offence set out in subsection (3),
make an order directing that the identity of a
victim or witness - or, in the case of an
offence referred to in subsection (4.11), the
identity of a justice system participant who is
involved in the proceedings - or any
information that could disclose their identity,
shall not be published in any document or
broadcast in any way, if the judge or justice is
satisfied that the order is necessary for the
proper administration of justice.
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| Offences
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(4.11) The offences for the purposes of
subsection (4.1) are
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(a) a criminal organization offence;
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(c) an offence under subsection 16(1) or (2),
17(1), 19(1), 20(1) or 22(1) of the Security
of Information Act; and
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(d) an offence under subsection 21(1) or
section 23 of the Security of Information Act
that is committed in relation to an offence
referred to in paragraph (c).
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| 1999, c. 25,
s. 2(3)
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(3) Paragraphs 486(4.7)(b) to (e) of the
Act are replaced by the following:
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(b) whether there is a real and substantial
risk that the victim, witness or justice
system participant would suffer significant
harm if their identity were disclosed;
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(c) whether the victim, witness or justice
system participant needs the order for their
security or to protect them from
intimidation or retaliation;
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(d) society's interest in encouraging the
reporting of offences and the participation
of victims, witnesses and justice system
participants in the criminal justice process;
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(e) whether effective alternatives are
available to protect the identity of the
victim, witness or justice system
participant;
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| 1999, c. 25,
s. 2(3)
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(4) Paragraph 486(4.9)(c) of the Act is
replaced by the following:
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(c) any other information that could identify
the person to whom the application relates
as a victim, witness or justice system
participant in the proceedings.
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| 1998, c. 37,
s. 15(2)
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17. (1) Subparagraph (a)(i) of the
definition ``primary designated offence'' in
section 487.04 of the Act is replaced by the
following:
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(i) section 75 (piratical acts),
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(i.01) section 76 (hijacking),
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(i.02) section 77 (endangering safety
of aircraft or airport),
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(i.03) section 78.1 (seizing control of
ship or fixed platform),
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(i.04) subsection 81(1) (using
explosives),
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(i.05) section 83.18 (participation in
activity of terrorist group),
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(i.06) section 83.19 (facilitating
terrorist activity),
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(i.07) section 83.2 (commission of
offence for terrorist group),
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(i.08) section 83.21 (instructing to
carry out activity for terrorist group),
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(i.09) section 83.22 (instructing to
carry out terrorist activity),
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(i.1) section 83.23 (harbouring or
concealing),
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(i.11) section 151 (sexual
interference),
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(2) Paragraph (a) of the definition
``primary designated offence'' in section
487.04 of the Act is amended by striking out
the word ``and'' at the end of subparagraph
(xv) and by adding the following after
subparagraph (xvi):
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(xvii) section 279.1 (hostage taking),
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(xviii) section 431 (attack on premises,
residence or transport of
internationally protected person),
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(xix) section 431.1 (attack on
premises, accommodation or transport
of United Nations or associated
personnel), and
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(xx) subsection 431.2(2) (explosive or
other lethal device),
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(3) The definition ``primary designated
offence'' in section 487.04 of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c) and by adding the
following after paragraph (c):
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(c.1) an offence under any of the
following provisions of the Security of
Information Act, namely,
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(i) section 6 (approaching, entering,
etc., a prohibited place),
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(ii) subsection 20(1) (threats or
violence), and
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(iii) subsection 21(1) (harbouring or
concealing), and
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| 1998, c. 37,
s. 15(2)
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(4) Subparagraphs (a)(i) to (v) of the
definition ``secondary designated offence''
in section 487.04 of the Act are repealed.
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| 1998, c. 37,
s. 15(2)
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(5) Subparagraph (a)(xx) of the definition
``secondary designated offence'' in section
487.04 of the Act is repealed.
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18. Section 490.1 of the Act is amended by
adding the following after subsection (1):
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| Offence
relating to
financing of
terrorism
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(1.1) For the purposes of this section and
sections 490.2 to 490.9, a terrorism offence is
deemed to be a criminal organization offence.
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| 1996, c. 19,
s. 93.3; 1999,
c. 25, s. 8(3)
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19. (1) Subsection 515(4.1) of the Act is
replaced by the following:
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| Condition
prohibiting
possession of
firearms, etc.
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(4.1) When making an order under
subsection (2), in the case of an accused who
is charged with
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(a) an offence in the commission of which
violence against a person was used,
threatened or attempted,
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(a.1) a terrorism offence,
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(b) an offence under section 264 (criminal
harassment),
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(c) an offence relating to the contravention
of subsection 5(3) or (4), 6(3) or 7(2) of the
Controlled Drugs and Substances Act,
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(d) an offence that involves, or the
subject-matter of which is, a firearm, a
cross-bow, a prohibited weapon, a restricted
weapon, a prohibited device, ammunition,
prohibited ammunition or an explosive
substance, or
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(e) an offence under subsection 20(1) of the
Security of Information Act, or an offence
under subsection 21(1) or 22(1) or section
23 of that Act that is committed in relation
to an offence under subsection 20(1) of that
Act,
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the justice shall add to the order a condition
prohibiting the accused from possessing a
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device,
ammunition, prohibited ammunition or
explosive substance, or all those things, until
the accused is dealt with according to law
unless the justice considers that such a
condition is not required in the interests of the
safety of the accused or the safety and security
of a victim of the offence or of any other
person.
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| 1999, c. 25, s.
8(4)
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(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
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(4.2) Before making an order under
subsection (2), in the case of an accused who
is charged with an offence referred to in
subsection (4.3), 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, to include
as a condition of the order
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(3) Section 515 of the Act is amended by
adding the following after subsection (4.2):
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| Offences
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(4.3) The offences for the purposes of
subsection (4.2) are
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(b) an offence described in section 264;
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(c) an offence in the commission of which
violence against a person was used,
threatened or attempted; and
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(d) an offence under subsection 20(1) of the
Security of Information Act, or an offence
under subsection 21(1) or 22(1) or section
23 of that Act that is committed in relation
to an offence under subsection 20(1) of that
Act.
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(4) Paragraph 515(6)(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i) and by adding
the following after subparagraph (ii):
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(iii) that is an offence under any of
sections 83.02 to 83.04 and 83.18 to
83.23 or otherwise is alleged to be a
terrorism offence,
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(iv) an offence under subsection 16(1) or
(2), 17(1), 19(1), 20(1) or 22(1) of the
Security of Information Act, or
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(v) an offence under subsection 21(1) or
22(1) or section 23 of the Security of
Information Act that is committed in
relation to on offence referred to in
subparagraph (iv),
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20. Paragraph 718.2(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (iii), by adding the
word ``or'' at the end of subparagraph (iv)
and by adding the following after
subparagraph (iv):
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(v) evidence that the offence was a
terrorism offence
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21. Section 743.6 of the Act is amended by
adding the following after subsection (1.1):
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| Power of
court to delay
parole
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(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 a terrorism offence, 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.
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| 1997, c. 23,
s. 19
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22. (1) Subsection 810.01(1) of the Act is
replaced by the following:
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| Fear of
criminal
organization
offence or
terrorism
offence
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810.01 (1) A person who fears on
reasonable grounds that another person will
commit a criminal organization offence or a
terrorism offence may, with the consent of the
Attorney General, lay an information before a
provincial court judge.
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| 1997, c. 23,
s. 19
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(2) Subsection 810.01(3) of the Act is
replaced by the following:
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| Adjudication
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(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).
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| 1997, c. 23,
s. 27
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23. The portion of section 811 of the Act
before paragraph (a) is replaced by the
following:
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| Breach of
recognizance
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811. A person bound by a recognizance
under section 83.3, 810, 810.01, 810.1 or
810.2 who commits a breach of the
recognizance is guilty of
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