2002, c. 13, s. 7	(3) Subsection 164.1(7) of the Act is replaced by the following:
Return of material	(7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, is a voyeuristic recording within the meaning assigned by subsection 164(8) or is data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
	10. Paragraph (a) of the definition ``offence'' in section 183 of the Act is amended by adding the following after subparagraph (xxvii):
	(xxvii.1) section 162 (voyeurism),
	11. Subsection 215(3) of the Act is replaced by the following:
Punishment	(3) Every one who commits an offence under subsection (2)
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
	(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
	12. Section 218 of the Act is replaced by the following:
Abandoning child	218. Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
	(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
1992, c. 38, s. 2	13. Subsection 276.3(1) of the Act is replaced by the following:
Publication prohibited	276.3 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:
	(a) the contents of an application made under section 276.1;
	(b) any evidence taken, the information given and the representations made at an application under section 276.1 or at a hearing under section 276.2;
	(c) the decision of a judge or justice under subsection 276.1(4), unless the judge or justice, after taking into account the complainant's right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and
	(d) the determination made and the reasons provided under section 276.2, unless
	(i) that determination is that evidence is admissible, or
	(ii) the judge or justice, after taking into account the complainant's right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
1997, c. 30, s. 1	14. The portion of subsection 278.9(1) of the Act before paragraph (a) is replaced by the following:
Publication prohibited	278.9 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:
R.S., c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14(2), c. 23 (4th Supp.), s. 1; 1993, c. 45, s. 7(1); 1997, c. 16, s. 6(4); 1999, c. 25, s. 2; 2001, c. 32, ss. 29(1), (2), (4) and (5), c. 41, ss. 34 and 133(13) and (14); 2002, c. 13, s. 20	15. Section 486 of the Act is replaced by the following:
Exclusion of public in certain cases	486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may order the exclusion of all or any members of the public from the court room for all or part of the proceedings, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.
Protection of child witnesses and justice system participants	(2) For the purposes of subsection (1), the ``proper administration of justice'' includes ensuring
	(a) that the interests of witnesses under the age of eighteen years are safeguarded in all proceedings; and
	(b) the protection of justice system participants who are involved in the proceedings.
Reasons to be stated	(3) If an accused is charged with an offence referred to in section 274 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
Support person - witnesses under 18 or who have a disability	486.1 (1) In any proceedings against an accused, the presiding judge or justice shall, on application of the prosecutor, of a witness who is under the age of eighteen years or of a witness who has a mental or physical disability, order that a support person of the witness' choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Other witnesses	(2) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness, order that a support person of the witness' choice be permitted to be present and to be close to the witness while the witness testifies, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness of the acts complained of.
Factors to be considered	(3) In making a determination under subsection (2), the judge or justice shall take into account the age of the witness, whether the witness has a mental or physical disability, the nature of the offence, the nature of any relationship between the witness and the accused, and any other circumstances that the judge or justice considers relevant.
Witness not to be a support person	(4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.
No communicatio n while testifying	(5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.
No adverse inference	(6) No inference adverse to the accused may be drawn from the fact that an order is, or is not, made under this section.
Testimony outside court room - witnesses under 18 or who have a disability	486.2 (1) Despite section 650, in any proceedings against an accused, the presiding judge or justice shall, on application of the prosecutor, of a witness who is under the age of eighteen years or of a witness who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Other witnesses	(2) Despite section 650, in any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness, order that the witness testify 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 of the acts complained of.
Factors to be considered	(3) In making a determination under subsection (2), the judge or justice shall take into account the factors referred to in subsection 486.1(3).
Specific offences	(4) Despite section 650, if an accused is charged with an offence referred to in subsection (5), the presiding judge or justice may order that any witness testify
	(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
	(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 of the acts complained of.
Offences	(5) The offences for the purposes of subsection (4) are
	(a) an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;
	(b) a terrorism offence;
	(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; or
	(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).
Same procedure for determina- tion	(6) If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) or (4) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.
Conditions of exclusion	(7) A witness shall not testify outside the court room under subsection (1), (2), (4) or (6) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
No adverse inference	(8) No inference adverse to the accused may be drawn from the fact that an order is, or is not, made under this section.
Accused not to cross-examine witness under 18	486.3 (1) In any proceedings against an accused, if an application is made by the prosecutor or a witness who is under eighteen years of age, the accused shall not personally cross-examine the witness, unless the presiding judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. The judge or justice shall appoint counsel for the purpose of conducting the cross-examination if the accused is not personally conducting the cross-examination.
Other witnesses	(2) In any proceedings against an accused, if an application is made by the prosecutor or a witness, the accused shall not personally cross-examine the witness if the presiding judge or justice is of the opinion that, in order to obtain a full and candid account from the witness of the acts complained of, the accused should not personally cross-examine the witness. The judge or justice shall appoint counsel for the purpose of conducting the cross-examination if the accused is not personally conducting the cross-examination.
Factors to be considered	(3) In making a determination under subsection (2), the judge or justice shall take into account the factors referred to in subsection 486.1(3).
Victim of criminal harassment	(4) In any proceedings in respect of an offence under section 264, if an application is made by the prosecutor or the victim of the offence, the accused shall not personally cross-examine the victim, unless the presiding judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. The judge or justice shall appoint counsel for the purpose of conducting the cross-examination if the accused is not personally conducting the cross-examination.
Order restricting publication - sexual offences	486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
	(a) any of the following offences:
	(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,
	(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or
	(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or
	(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).
Mandatory order on application	(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
	(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant of the right to make an application for an order under subsection (1); and
	(b) on application made by the complainant, the prosecutor or any such witness, make an order under that subsection.
Child pornography	(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, and any person who is depicted in a photographic, film, video or other visual representation that constitutes child pornography, shall not be published in any document or broadcast or transmitted in any way.
Limitation	(4) An order made under subsection (1), (2) or (3) does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community.
Order restricting publication - victims and witnesses	486.5 (1) In proceedings in respect of an offence other than the offences referred to in paragraph 486.4(1)(a) or (b), on application of the prosecutor, a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
Justice system participants	(2) On application of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection 486.2(5) or of the prosecutor in those proceedings, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
Order restricting publication	(3) An order made under subsection (1) or (2) does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.
Application and notice	(4) An applicant for an order under subsection (1) or (2) shall
	(a) apply in writing to the presiding judge or justice or, if the judge or justice has not been determined, to a judge of a superior court of criminal jurisdiction in the judicial district where the proceedings will take place; and
	(b) provide notice of the application to the prosecutor, the accused and any other person affected by the order that the judge or justice specifies.
Grounds	(5) An applicant for an order under subsection (1) or (2) shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.
Hearing may be held	(6) The judge or justice may hold a hearing to determine whether an order under subsection (1) or (2) should be made, and the hearing may be in private.
Factors to be considered	(7) In determining whether to make an order under subsection (1) or (2), the judge or justice shall consider
	(a) the right to a fair and public hearing;
	(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;
	(c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;
	(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;
	(e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;
	(f) the salutary and deleterious effects of the proposed order;
	(g) the impact of the proposed order on the freedom of expression of those affected by it; and
	(h) any other factor that the judge or justice considers relevant.