| Conditions
|
(8) An order made under subsection (1) or
(2) may be subject to any conditions that the
judge or justice thinks fit.
|
|
| Publication of
application
prohibited
|
(9) Unless the judge or justice refuses to
make an order under subsection (1) or (2), no
person shall publish in any document or
broadcast or transmit in any way
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(a) the contents of an application;
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|
(b) any evidence taken, information given
or submissions made at a hearing under
subsection (6); or
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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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| Offence
|
486.6 (1) Every person who fails to comply
with an order made under subsection 486.4(1),
(2) or (3) or 486.5(1) or (2), is guilty of an
offence punishable on summary conviction.
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| Application of
order
|
(2) For greater certainty, an order referred to
in subsection (1) applies to prohibit, in
relation to proceedings taken against any
person who fails to comply with the order, the
publication in any document or the
broadcasting or transmission in any way of
information that could identify a victim,
witness or justice system participant whose
identity is protected by the order.
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| R.S., c. 27 (1st
Supp.), s. 69
|
16. (1) The portion of subsection 487.2(1)
of the Act before paragraph (a) is replaced
by the following:
|
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| Restriction on
publicity
|
487.2 Where a search warrant is issued
under section 487 or 487.1 or a search is made
under such a warrant, every one who publishes
in any document, or broadcasts or transmits in
any way, any information with respect to
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|
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| R.S., c. 27 (1st
Supp.), s. 69
|
(2) Subsection 487.2(2) of the Act is
repealed.
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17. (1) The portion of subsection 517(1) of
the Act before paragraph (a) is replaced by
the following:
|
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| Order
directing
matters not to
be published
for specified
period
|
517. (1) Where the prosecutor or the
accused intends to show cause under section
515, he or she shall so state to the justice and
the justice may, and shall on application by the
accused, before or at any time during the
course of the proceedings under that section,
make an order directing that the evidence
taken, the information given or the
representations made and the reasons, if any,
given or to be given by the justice shall not be
published in any document or broadcast or
transmitted in any way before such time as
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(2) Subsection 517(3) of the Act is
repealed.
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| R.S., c. 27 (1st
Supp.), s. 97
|
18. (1) The portion of subsection 539(1) of
the Act after paragraph (b) is replaced by
the following:
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make an order directing that the evidence
taken at the inquiry shall not be published in
any document or broadcast or transmitted in
any way before such time as, in respect of each
of the accused,
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(c) he or she is discharged, or
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(d) if he or she is ordered to stand trial, the
trial is ended.
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(2) Subsection 539(4) of the Act is
repealed.
|
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|
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19. (1) The portion of subsection 542(2) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Restriction of
publication of
reports of
preliminary
inquiry
|
(2) Every one who publishes in any
document, or broadcasts or transmits in any
way, a report that any admission or confession
was tendered in evidence at a preliminary
inquiry or a report of the nature of such
admission or confession so tendered in
evidence unless
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(2) Subsection 542(3) of the Act is
repealed.
|
|
| 2001, c. 32,
s. 38
|
20. Subsection 631(6) of the Act is
replaced by the following:
|
|
| 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 or transmitted 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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|
|
21. (1) Subsection 648(1) of the Act is
replaced by the following:
|
|
| Restriction on
publication
|
648. (1) After permission to separate is
given to members of a jury under subsection
647(1), no information regarding any portion
of the trial at which the jury is not present shall
be published in any document or broadcast or
transmitted in any way before the jury retires
to consider its verdict.
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|
|
(2) Subsection 648(3) of the Act is
repealed.
|
|
| 1991, c. 43,
s. 4
|
22. The portion of subsection 672.51(11)
of the Act before paragraph (a) is replaced
by the following:
|
|
| Prohibition on
publication
|
(11) No person shall publish in any
document or broadcast or transmit in any way
|
|
| R.S., c. 19
(3rd Supp.),
s. 16; 1997,
c. 16, ss. 7 and
8; 1998, c. 9,
s. 8
|
23. The heading before section 715.1 and
sections 715.1 and 715.2 of the Act are
replaced by the following:
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|
|
|
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| Evidence of
victim or
witness under
18
|
715.1 (1) In any proceeding against an
accused in which a victim or other witness was
under the age of eighteen years at the time the
offence is alleged to have been committed, a
video recording made within a reasonable
time after the alleged offence, in which the
victim or witness describes the acts
complained of, is admissible in evidence if the
victim or witness, while testifying, adopts the
contents of the video recording, unless the
presiding judge or justice is of the opinion that
admission of the video recording in evidence
would interfere with the proper administration
of justice.
|
|
| Order
prohibiting
use
|
(2) The presiding judge or justice may
prohibit any other use of a video recording
referred to in subsection (1).
|
|
| Evidence of
victim or
witness who
has a
disability
|
715.2 (1) In any proceeding against an
accused in which a victim or other witness is
able to communicate evidence but may have
difficulty doing so by reason of a mental or
physical disability, a video recording made
within a reasonable time after the alleged
offence, in which the victim or witness
describes the acts complained of, is
admissible in evidence if the victim or
witness, while testifying, adopts the contents
of the video recording, unless the presiding
judge or justice is of the opinion that
admission of the video recording in evidence
would interfere with the proper administration
of justice.
|
|
| Order
prohibiting
use
|
(2) The presiding judge or justice may
prohibit any other use of a video recording
referred to in subsection (1).
|
|
| 1995, c. 22,
s. 6; 2000,
c. 12, para.
95(c)
|
24. Subparagraph 718.2(a)(ii) of the Act
is replaced by the following:
|
|
|
|
(ii) evidence that the offender, in
committing the offence, abused the
offender's spouse or common-law
partner,
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|
|
(ii.1) evidence that the offender, in
committing the offence, abused a child,
|
|
| R.S., c. C-5
|
|
|
| R.S., c. 19
(3rd Supp.),
s. 18
|
25. The portion of subsection 16(1) of the
Canada Evidence Act before paragraph (a)
is replaced by the following:
|
|
| Witness
whose
capacity is in
question
|
16. (1) Where a proposed witness is a person
of fourteen years of age or older whose mental
capacity is challenged, the court shall, before
permitting the person to give evidence,
conduct an inquiry to determine
|
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|
|
26. The Act is amended by adding the
following after section 16:
|
|
| Person under
fourteen years
of age
|
16.1 (1) A person under fourteen years of
age is presumed to have the capacity to testify.
|
|
| No oath or
solemn
affirmation
|
(2) Despite any provision of any Act
requiring an oath or a solemn affirmation, a
proposed witness under fourteen years of age
shall not be required to take an oath or make
a solemn affirmation.
|
|
| Evidence shall
be received
|
(3 ) The evidence of a proposed witness
under fourteen years of age shall be received
if they are able to understand and respond to
questions.
|
|
| Burden as to
capacity of
witness
|
(4 ) A party who challenges the capacity of
a proposed witness under fourteen years of age
has the burden of satisfying the court that there
is an issue as to their capacity to understand
and respond to questions.
|
|
| Court inquiry
|
(5) Where the court is satisfied that there is
an issue as to the capacity of a proposed
witness under fourteen years of age to
understand and respond to questions, the court
shall, before permitting them to give
evidence, conduct an inquiry to determine
whether they are able to understand and
respond to questions.
|
|
| Promise to tell
truth
|
(6) The court shall, before permitting a
proposed witness under fourteen years of age
to give evidence, require them to promise to
tell the truth.
|
|
| Understandin
g of promise
|
(7) No proposed witness under fourteen
years of age shall be asked any questions
regarding their understanding of the nature of
the promise for the purpose of determining
whether their evidence shall be received by
the court.
|
|
| Effect
|
(8) For greater certainty, where the
evidence of a witness under fourteen years of
age is received by the court, it shall have the
same effect as if it were taken under oath.
|
|
|
|
|
|
| Bill C-17
|
27. If Bill C-17, introduced in the 2nd
Session of the 37th Parliament and entitled
the Public Safety Act, 2002 (the ``other
Act''), receives royal assent and section 10
of this Act comes into force before the
coming into force of any provision of the
definition ``offence'' in section 183 of the
Criminal Code, as enacted by section 108 of
the other Act, then, on the later of that
assent and the coming into force of that
section 10, paragraph (a) of the definition
``offence'' in section 183 of the Criminal
Code, as enacted by that section 108, is
amended by adding the following after
subparagraph (xxvii):
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|
|
(xxvii.1) section 162 (voyeurism),
|
|
|
|
|
|
| Coming into
force
|
28. The provisions of this Act, other than
section 27, come into force on a day or days
to be fixed by order of the Governor in
Council.
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|