Bill C-17

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	FORM 10 (SECTION 493)
	PROMISE TO APPEAR
	Canada, Province of ...................., (territo rial division).
	I, A.B., of ................, (occupation), under stand that it is alleged that I have committed (set out substance of offence).
	In order that I may be released from custody,
	1. I promise to attend court on .......... day, the .......... day of ................ A.D. ........, at ............ o'clock in the ........ noon, in court room No. ........, at ............ court, in the mu nicipality of ................, and to attend thereaf ter as required by the court, in order to be dealt with according to law.
	2. I also promise to appear on ............ day, the .......... day of ................ A.D. ........, at ............. o'clock in the ........ noon, at ................... (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)
	I understand that failure without lawful ex cuse to attend court in accordance with this promise to appear is an offence under subsec tion 145(5) of the Criminal Code.
	Subsections 145(5) and (6) of the Criminal Code state as follows:
	``(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.''
	Section 502 of the Criminal Code states as follows:
	``502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appear ance notice, promise to appear or recogni zance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.''
	Dated this ............. day of ................ A.D. ........, at ................. .
	.................................. (Signature of accused)

	FORM 11 (SECTION 493)
	RECOGNIZANCE ENTERED INTO BEFORE AN OFFICER IN CHARGE OR OTHER PEACE OFFICER
	Canada, Province of ...................., (territo rial division).
	I, A.B., of ................, (occupation), under stand that it is alleged that I have committed (set out substance of offence).
	In order that I may be released from custody, I hereby acknowledge that I owe $ (not ex ceeding $500) to Her Majesty the Queen to be levied on my real and personal property if I fail to attend court as hereinafter required.
	(or, for a person not ordinarily resident in the province in which the person is in custody or within two hundred kilometres of the place in which the person is in custody)
	In order that I may be released from custody, I hereby acknowledge that I owe $ (not ex ceeding $500) to Her Majesty the Queen and deposit herewith (money or other valuable se curity not exceeding in amount or value $500) to be forfeited if I fail to attend court as herein after required.
	1. I acknowledge that I am required to attend court on .......... day, the .......... day of .......... A.D. ........, at .......... o'clock in the ............. noon, in courtroom No. ............., at ................ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with accord ing to law.
	2. I acknowledge that I am also required to appear on ........... day, the ................ day of ................ A.D. ........., at ............ o'clock in the ........ noon, at .................. (police station), (address), for the purposes of the Identifica tion of Criminals Act. (Ignore if not filled in.)
	I understand that failure without lawful ex cuse to attend court in accordance with this re cognizance to appear is an offence under sub section 145(5) of the Criminal Code.
	Subsections 145(5) and (6) of the Criminal Code state as follows:
	``(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.''
	Section 502 of the Criminal Code states as follows:
	``502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appear ance notice, promise to appear or recogni zance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.''
	Dated this ............... day of ................ A.D. ........, at ................ .
	.................................. (Signature of accused)

	FORM 11.1 (SECTIONS 493, 499 AND 503)
	UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE
	Canada, Province of ...................., (territo rial division).
	I, A.B., of ................, (occupation), under stand that it is alleged that I have committed (set out substance of the offence).
	In order that I may be released from custody by way of (a promise to appear or a recogni zance), I undertake to (insert any conditions that are directed):
	(a) remain within (designated territorial jurisdiction);
	(b) notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
	(c) abstain from communicating with (name of witness or other person) or from going to (name or description of place) except in accordance with the following conditions: (as the peace officer or other person designated specifies);
	(d) deposit my passport with (name of peace officer or other person designated);
	(e) to abstain from possessing a firearm and to surrender to (name of peace officer or other person designated) any firearm in my possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm;
	(f) report at (state times) to (name of peace officer or other person designated); and
	(g) to abstain from
	(i) the consumption of alcohol or other intoxicating substances, or
	(ii) the consumption of drugs except in accordance with a medical prescription.
	I understand that I am not required to give an undertaking to abide by the conditions speci fied above, but that if I do not, I may be kept in custody and brought before a justice so that the prosecutor may be given a reasonable op portunity to show cause why I should not be released on giving an undertaking without conditions.
	I understand that if I give an undertaking to abide by the conditions specified above, then I may apply, at any time before I appear, or when I appear, before a justice pursuant to (a promise to appear or a recognizance entered into before an officer in charge or another peace officer), to have this undertaking va cated or varied and that my application will be considered as if I were before a justice pur suant to section 515 of the Criminal Code.
	I also understand that this undertaking re mains in effect until it is vacated or varied.
	I also understand that failure without lawful excuse to abide by any of the conditions speci fied above is an offence under subsection 145(5.1) of the Criminal Code.
	Subsection 145(5.1) of the Criminal Code states as follows:
	``(5.1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1)
	(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years; or
	(b) is guilty of an offence punishable on summary conviction.''
	Dated this .............. day of ................ A.D. ........, at ................ .
	.................................. (Signature of accused)
	RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. C-5	Canada Evidence Act
	*116. Subsection 5(2) of the Canada Evi dence Act* is replaced by the following:**
Answer not admissible against witness	(2) Where with respect to any question a witness objects to answer on the ground that his answer may tend to criminate him, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person, and if but for this Act, or the Act of any provincial legislature, the witness would therefore have been excused from answering the question, then although the witness is by reason of this Act or the provincial Act compelled to answer, the answer so given shall not be used or admissi ble in evidence against him in any criminal trial or other criminal proceeding against him thereafter taking place, other than a prosecu tion for perjury in the giving of that evidence or for the giving of contradictory evidence.
R.S., c. 27 (1st Supp.), s. 203; 1993, c. 34, s. 15	117. Section 23 of the Act is replaced by the following:
Evidence of judicial proceedings, etc.	23. (1) Evidence of any proceeding or record whatever of, in or before any court in Great Britain, the Supreme Court, Federal Court or Tax Court of Canada, any court in any province, any court in any British colony or possession or any court of record of the United States, of any state of the United States or of any other foreign country, or before any justice of the peace or coroner in any province, may be given in any action or proceeding by an exemplification or certified copy of the proceeding or record, purporting to be under the seal of the court or under the hand or seal of the justice or coroner or court stenographer, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice or coroner or court stenographer or other proof whatever.
Certificate where court has no seal	(2) Where any court, justice or coroner or court stenographer referred to in subsection (1) has no seal, or so certifies, the evidence may be given by a copy purporting to be certified under the signature of a judge or presiding provincial court judge or of the justice or coroner or court stenographer, without any proof of the authenticity of the signature or other proof whatever.
	118. Section 52 of the Act is amended by striking out the word ``and'' at the end of paragraph (d), by adding the word ``and'' at the end of paragraph (e) and by adding the following after paragraph (e):
	(f) persons locally engaged and designated by the Deputy Minister of Foreign Affairs or any other person authorized by that Deputy Minister while performing their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada.
R.S., c. 1 (2nd Supp.)	Customs Act
	*119. Section 163.1 of the Customs Act* is amended by adding the following after subsection (2):**
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property men tioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
1993, c. 25, s. 89	120. (1) The portion of subsection 163.2(1) of the Act before paragraph (a) is replaced by the following:
Laundering proceeds of certain offences	163.2 (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived direct ly or indirectly as a result of
	(2) Section 163.2 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.