1998, c. 37,
s. 17
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176. The portion of subsection 487.051(1)
of the Act before paragraph (a), as enacted
by section 17 of the DNA Identification Act,
is replaced by the following:
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Order
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487.051 (1) Subject to section 487.053, if a
person is convicted, discharged under section
730 or, in the case of a young person, found
guilty under the Young Offenders Act, chapter
Y-1 of the Revised Statutes of Canada, 1985,
or the Youth Criminal Justice Act of a
designated offence, the court
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1998, c. 37,
s. 17
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177. Subsection 487.052(1) of the Act, as
enacted by section 17 of the DNA
Identification Act, is replaced by the
following:
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Offences
committed
before DNA
Identification
Act in force
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487.052 (1) Subject to section 487.053, if a
person is convicted, discharged under section
730 or, in the case of a young person, found
guilty under the Young Offenders Act, chapter
Y-1 of the Revised Statutes of Canada, 1985,
or the Youth Criminal Justice Act, of a
designated offence committed before the
coming into force of subsection 5(1) of the
DNA Identification Act, the court may, on
application by the prosecutor, make an order
in Form 5.04 authorizing the taking, from that
person or young person, for the purpose of
forensic DNA analysis, of any number of
samples of one or more bodily substances that
is reasonably required for that purpose, by
means of the investigative procedures
described in subsection 487.06(1), if the court
is satisfied that it is in the best interests of the
administration of justice to do so.
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1998, c. 37,
s. 17
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178. Paragraph 487.053(b) of the English
version of the Act, as enacted by section 17
of the DNA Identification Act, is replaced by
the following:
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1998, c. 37,
c. 17
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179. Subsection 487.056(1) of the English
version of the Act, as enacted by section 17
of the DNA Identification Act, is replaced by
the following:
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When
collection to
take place
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487.056 (1) Samples of bodily substances
referred to in sections 487.051 and 487.052
shall be taken at the time the person is
convicted, discharged under section 730 or, in
the case of a young person, found guilty under
the Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, or the Youth
Criminal Justice Act, or as soon as is feasible
afterwards, even though an appeal may have
been taken.
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1998, c. 37,
s. 20
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180. Paragraphs 487.071(1)(a) and (b) of
the Act, as enacted by section 20 of the DNA
Identification Act, are replaced by the
following:
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181. The portion of subsection 667(1) of
the Act before paragraph (b) is replaced by
the following:
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Proof of
previous
conviction
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667. (1) In any proceedings,
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1997, c. 18,
par. 141(c)
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182. Subsection 718.3(4) of the Act is
replaced by the following:
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Cumulative
punishments
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(4) The court or youth justice court that
sentences an accused may direct that the terms
of imprisonment that are imposed by the court
or the youth justice court or that result from the
operation of subsection 734(4) or 743.5(1) or
(2) shall be served consecutively, when
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1995, c. 22,
s. 6
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183. Paragraph 721(3)(b) of the Act is
replaced by the following:
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1995, c. 22,
s. 6,
paras. 19(b),
20(b)
|
184. Sections 743.4 and 743.5 of the Act
are replaced by the following:
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Transfer of
jurisdiction
when person
already
sentenced
under Youth
Criminal
Justice Act
|
743.5 (1) If a young person or an adult is or
has been sentenced to a term of imprisonment
for an offence while subject to a disposition
made under paragraph 20(1)(k) or (k.1) of the
Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, or a youth
sentence imposed under paragraph 42(2)(n),
(o), (q) or (r) of the Youth Criminal Justice Act,
the disposition or youth sentence shall be dealt
with, for all purposes under this Act or any
other Act of Parliament, as if it had been a
sentence imposed under this Act.
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Transfer of
jurisdiction
when youth
sentence
imposed
under Youth
Criminal
Justice Act
|
(2) If a disposition is made under paragraph
20(1)(k) or (k.1) of the Young Offenders Act,
chapter Y-1 of the Revised Statutes of Canada,
1985, with respect to a person or a youth
sentence is imposed on a person under
paragraph 42(2)(n), (o), (q) or (r) of the Youth
Criminal Justice Act while the young person
or adult is under sentence of imprisonment
imposed under an Act of Parliament other than
the Youth Criminal Justice Act, the disposition
or youth sentence shall be dealt with, for all
purposes under this Act or any other Act of
Parliament, as if it had been a sentence
imposed under this Act.
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Sentences
deemed to
constitute one
sentence -
section 743.1
|
(3) For greater certainty, the dispositions
and sentences referred to in subsections (1)
and (2) are, for the purpose of section 139 of
the Corrections and Conditional Release Act,
deemed to constitute one sentence of
imprisonment.
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1998, c. 37,
s. 24
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185. The first paragraph of Form 5.03 of
the Act, as enacted by section 24 of the DNA
Identification Act, is replaced by the
following:
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Whereas (name of offender) has been
convicted, discharged under section 730 of the
Criminal Code or, in the case of a young
person, found guilty under the Young
Offenders Act, chapter Y-1 of the Revised
Statutes of Canada, 1985, or the Youth
Criminal Justice Act of (offence), an offence
that is a primary designated offence within the
meaning of section 487.04 of the Criminal
Code;
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1998, c. 37,
s. 24
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186. The portion of the first paragraph of
Form 5.04 of the Act before paragraph (a),
as enacted by section 24 of the DNA
Identification Act, is replaced by the
following:
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Whereas (name of offender), in this order
called the ``offender'', has been convicted,
discharged under section 730 of the Criminal
Code or, in the case of a young person, found
guilty under the Young Offenders Act, chapter
Y-1 of the Revised Statutes of Canada, 1985,
or the Youth Criminal Justice Act of (offence),
an offence that is
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1998, c. 37
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DNA Identification Act
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187. The definition ``young person'' in
section 2 of the DNA Identification Act is
replaced by the following:
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``young
person'' « adolescent »
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``young person'' has the meaning assigned by
subsection 2(1) of the Youth Criminal
Justice Act.
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188. (1) The portion of paragraph 9(2)(c)
of the Act before subparagraph (i) is
replaced by the following:
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(2) Paragraphs 9(2)(d) and (e) of the Act
are replaced by the following:
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189. (1) The portion of paragraph
10(7)(c) of the Act before subparagraph (i)
is replaced by the following:
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(2) Paragraphs 10(7)(d) and (e) of the Act
are replaced by the following:
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1999, c. 18
|
Extradition Act
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190. Paragraph 47(c) of the Extradition
Act is replaced by the following:
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191. Paragraphs 77(a) and (b) of the Act
are replaced by the following:
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192. Subsection 78(1) of the Act is
replaced by the following:
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Request by
Canada for
extradition
|
78. (1) The Minister, at the request of a
competent authority, may make a request to a
State or entity for the extradition of a person
for the purpose of prosecuting the person
for - or imposing or enforcing a sentence, or
making or enforcing a disposition under the
Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, in respect
of - an offence over which Canada has
jurisdiction.
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193. The portion of paragraph 80(a) of
the Act before subparagraph (i) is replaced
by the following:
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194. (1) Subsection 83(1) of the Act is
replaced by the following:
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Commenceme
nt of sentence
|
83. (1) Subject to subsection (3), the
sentence or disposition of a person who has
been temporarily surrendered and who has
been convicted and sentenced, or found guilty
and sentenced, in Canada, or in respect of
whom a disposition has been made under the
Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, does not
commence until their final extradition to
Canada.
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(2) Subsection 83(3) of the Act is replaced
by the following:
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If concurrent
sentences
ordered
|
(3) The sentencing judge may order that the
person's sentence, or the disposition under the
Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, be
executed concurrently with the sentence they
are serving in the requested State or entity, in
which case the warrant of committal or order
of disposition shall state that the person is to
be committed to custody under subsection (2)
only for any portion of the sentence or
disposition remaining at the time of their final
extradition to Canada.
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R.S., c. 30
(4th Supp.)
|
Mutual Legal Assistance in Criminal
Matters Act
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|
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195. Section 29 of the Mutual Legal
Assistance in Criminal Matters Act is
replaced by the following:
|
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Exception for
young persons
|
29. Sections 24 to 28 do not apply in respect
of a person who, at the time the request
mentioned in subsection 24(1) is presented, is
a young person within the meaning of the
Youth Criminal Justice Act.
|
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R.S., c. P-20
|
Prisons and Reformatories Act
|
|
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196. (1) Paragraph (b) of the definition
``prisoner'' in subsection 2(1) of the Prisons
and Reformatories Act is replaced by the
following:
|
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
|
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``sentence'' « peine »
|
``sentence'' includes a youth sentence
imposed under the Youth Criminal Justice
Act;
|
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|
197. Section 6 of the Act is amended by
adding the following after subsection (7):
|
|
Transfer or
committal to
prison
|
(7.1) When a prisoner is transferred from a
youth custody facility to a prison under
section 89, 92 or 93 of the Youth Criminal
Justice Act or as the result of the application
of section 743.5 of the Criminal Code, the
prisoner is credited with full remission under
this section for the portion of the sentence that
the offender served in the youth custody
facility as if that portion of the sentence had
been served in a prison.
|
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Exceptional
date of release
|
(7.2) When a prisoner who was sentenced to
custody under paragraph 42(2)(o), (q) or (r) of
the Youth Criminal Justice Act is transferred
from a youth custody facility to a prison under
section 92 or 93 of that Act, or is committed
to imprisonment in a prison under section 89
of that Act, the prisoner is entitled to be
released on the earlier of
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