Bill C-41
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Corporations
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(4) Where, pursuant to section 623, the
court proceeds with the trial of a corporation
that has not appeared and pleaded and
convicts the corporation, the court may,
whether or not the corporation was notified
that a greater punishment would be sought be
reason of a previous conviction, make
inquiries and hear evidence with respect to
previous convictions of the corporation and, if
any such conviction is proved, may impose a
greater punishment by reason thereof.
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Section does
not apply
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(5) This section does not apply to a person
referred to in paragraph 745(b).
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Sentence
justified by
any count
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728. Where one sentence is passed on a
verdict of guilty on two or more counts of an
indictment, the sentence is good if any of the
counts would have justified the sentence.
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Proof of
certificate of
analyst
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729. (1) In
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a certificate purporting to be signed by an
analyst stating that the analyst has analyzed or
examined a substance and stating the result of
the analysis or examination is admissible in
evidence and, in the absence of evidence to the
contrary, is proof of the statements contained
in the certificate without proof of the signature
or official character of the person appearing to
have signed the certificate.
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Definition of
``analyst''
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(2) In this section, ``analyst'' means a
person designated as an analyst under the
Food and Drugs Act or under the Narcotic
Control Act.
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Notice of
intention to
produce
certificate
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(3) No certificate shall be admitted in
evidence unless the party intending to produce
it has, before the trial or hearing, as the case
may be, given reasonable notice and a copy of
the certificate to the party against whom it is
to be produced.
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Proof of
service
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(4) Service of any certificate referred to in
subsection (1) may be proved by oral evidence
given under oath by, or by the affidavit or
solemn declaration of, the person claiming to
have served it.
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Attendance
for
examination
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(5) Notwithstanding subsection (4), the
court may require the person who appears to
have signed an affidavit or solemn declaration
referred to in that subsection to appear before
it for examination or cross-examination in
respect of the issue of proof of service.
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Requiring
attendance of
analyst
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(6) The party against whom a certificate of
an analyst is produced may, with leave of the
court, require the attendance of the analyst for
cross-examination.
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Absolute and Conditional Discharges |
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Absolute and
conditional
discharge
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730. (1) Where an accused, other than a
corporation, pleads guilty to or is found guilty
of an offence, other than an offence for which
a minimum punishment is prescribed by law
or an offence punishable, in the proceedings
commenced against the accused, by
imprisonment for fourteen years or for life, the
court before which the accused appears may,
if it considers it to be in the best interests of the
accused and not contrary to the public interest,
instead of convicting the accused, by order
direct that the accused be discharged
absolutely or on the conditions prescribed in
a probation order made under subsection
731(2).
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Period for
which
appearance
notice, etc.,
continues in
force
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(2) Subject to Part XVI, where an accused
who has not been taken into custody or who
has been released from custody under or by
virtue of any provision of Part XVI pleads
guilty of or is found guilty of an offence but is
not convicted, the appearance notice, promise
to appear, summons, undertaking or
recognizance issued to or given or entered into
by the accused continues in force, subject to its
terms, until a disposition in respect of the
accused is made under subsection (1) unless,
at the time the accused pleads guilty or is
found guilty, the court, judge or justice orders
that the accused be taken into custody pending
such a disposition.
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Effect of
discharge
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(3) Where a court directs under subsection
(1) that an offender be discharged of an
offence, the offender shall be deemed not to
have been convicted of the offence except that
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Where person
bound by
probation
order
convicted of
offence
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(4) Where an offender who is bound by the
conditions of a probation order made at a time
when the offender was directed to be
discharged under this section is convicted of
an offence, including an offence under section
733.1, the court that made the probation order
may, in addition to or in lieu of exercising its
authority under subsection 732.2(5), at any
time when it may take action under that
subsection, revoke the discharge, convict the
offender of the offence to which the discharge
relates and impose any sentence that could
have been imposed if the offender had been
convicted at the time of discharge, and no
appeal lies from a conviction under this
subsection where an appeal was taken from
the order directing that the offender be
discharged.
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Probation |
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Making of
probation
order
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731. (1) Where a person is convicted of an
offence, a court may, having regard to the age
and character of the offender, the nature of the
offence and the circumstances surrounding its
commission,
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Idem
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(2) A court may also make a probation order
where it discharges an accused under
subsection 730(1).
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Firearm, etc.,
prohibitions
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731.1 (1) Before making a probation order,
the court shall consider whether section 100 is
applicable.
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Idem
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(2) For greater certainty, a condition of a
probation order referred to in paragraph
732.1(3)(d) does not affect the operation of
section 100.
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Intermittent
sentence
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732. (1) Where the court imposes a sentence
of imprisonment of ninety days or less on an
offender convicted of an offence, whether in
default of payment of a fine or otherwise, the
court may, having regard to the age and
character of the offender, the nature of the
offence and the circumstances surrounding its
commission, and the availability of
appropriate accommodation to ensure
compliance with the sentence, order
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Application to
vary
intermittent
sentence
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(2) An offender who is ordered to serve a
sentence of imprisonment intermittently may,
on giving notice to the prosecutor, apply to the
court that imposed the sentence to allow it to
be served on consecutive days.
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Court may
vary
intermittent
sentence if
subsequent
offence
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(3) Where a court imposes a sentence of
imprisonment on a person who is subject to an
intermittent sentence in respect of another
offence, the unexpired portion of the
intermittent sentence shall be served on
consecutive days unless the court otherwise
orders.
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Definitions
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732.1 (1) In this section and section 732.2,
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``change'' « modification »
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``change'', in relation to optional conditions,
includes deletions and additions;
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``optional
conditions'' « conditions facultatives »
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``optional conditions'' means the conditions
referred to in subsection (3).
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Compulsory
conditions of
probation
order
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(2) The court shall prescribe, as conditions
of a probation order, that the offender do all of
the following:
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Optional
conditions of
probation
order
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(3) The court may prescribe, as additional
conditions of a probation order, that the
offender do one or more of the following:
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Form and
period of
order
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(4) A probation order may be in Form 46,
and the court that makes the probation order
shall specify therein the period for which it is
to remain in force.
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Proceedings
on making
order
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(5) A court that makes a probation order
shall
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Coming into
force of order
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732.2 (1) A probation order comes into
force
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Duration of
order and
limit on term
of order
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(2) Subject to subsection (5),
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Changes to
probation
order
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(3) A court that makes a probation order
may at any time, on application by the
offender, the probation officer or the
prosecutor, require the offender to appear
before it and, after hearing the offender and
one or both of the probation officer and the
prosecutor,
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and the court shall thereupon endorse the
probation order accordingly and, if it changes
the optional conditions, inform the offender of
its action and give the offender a copy of the
order so endorsed.
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Judge may act
in chambers
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(4) All the functions of the court under
subsection (3) may be exercised in chambers.
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Where person
convicted of
offence
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(5) Where an offender who is bound by a
probation order is convicted of an offence,
including an offence under section 733.1, and
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in addition to any punishment that may be
imposed for that offence, the court that made
the probation order may, on application by the
prosecutor, require the offender to appear
before it and, after hearing the prosecutor and
the offender,
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and the court shall thereupon endorse the
probation order accordingly and, if it changes
the optional conditions or extends the period
for which the order is to remain in force,
inform the offender of its action and give the
offender a copy of the order so endorsed.
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Compelling
appearance of
person bound
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(6) The provisions of Parts XVI and XVIII
with respect to compelling the appearance of
an accused before a justice apply, with such
modifications as the circumstances require, to
proceedings under subsections (3) and (5).
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Transfer of
order
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733. (1) Where an offender who is bound by
a probation order becomes a resident of, or is
convicted or discharged under section 730 of
an offence including an offence under section
733.1 in, a territorial division other than the
territorial division where the order was made,
the court that made the order may,
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transfer the order to a court in that other
territorial division that would, having regard
to the mode of trial of the offender, have had
jurisdiction to make the order in that other
territorial division if the offender had been
tried and convicted there of the offence in
respect of which the order was made, and the
order may thereafter be dealt with and
enforced by the court to which it is so
transferred in all respects as if that court had
made the order.
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Where court
unable to act
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(2) Where a court that has made a probation
order or to which a probation order has been
transferred pursuant to subsection (1) is for
any reason unable to act, the powers of that
court in relation to the probation order may be
exercised by any other court that has
equivalent jurisdiction in the same province.
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