Bill C-17
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98. Section 686 of the Act is amended by
adding the following after subsection (5):
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| Election
where new
trial a jury
trial
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(5.1) Where a new trial ordered by the court
of appeal is to be held before a court composed
of a judge and jury,
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| 1991, c. 43, s.
9 (Sch., s. 9)
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99. Subsection 691(2) of the Act is re
placed by the following:
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| Appeal where
acquittal set
aside
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(2) A person who is acquitted of an
indictable offence other than by reason of a
verdict of not criminally responsible on ac
count of mental disorder and whose acquittal
is set aside by the court of appeal may appeal
to the Supreme Court of Canada
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100. The Act is amended by adding the
following after section 701:
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| Service in
accordance
with
provincial
laws
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701.1 Notwithstanding section 701, in any
province service and proof of service of any
subpoena, summons or other document may
be made in accordance with the laws of the
province relating to offences created by the
laws of the province.
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101. The Act is amended by adding the
following after section 708:
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Electronically Transmitted Copies |
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| Electronically
transmitted
copies
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708.1 A copy of a summons, warrant or
subpoena transmitted by a means of telecom
munication that produces a writing has the
same probative force as the original for the
purposes of this Act.
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| 1994, c. 44, s.
74
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102. The portion of section 711 of the Act
before paragraph (a) is replaced by the
following:
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| Admitting
evidence of
witness who is
ill
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711. Where the evidence of a witness
mentioned in paragraph 709(1)(a) is taken by
a commissioner appointed under section 710,
it may be admitted in evidence in the proceed
ings if
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103. Subsection 712(2) of the Act is
replaced by the following:
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| Admitting
evidence of
witness out of
Canada
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(2) Where the evidence of a witness is taken
by a commissioner appointed under this
section, it may be admitted in evidence in the
proceedings.
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| R.S., c. 27 (1st
Supp.), s. 203
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104. Subsection 713(1) of the Act is
replaced by the following:
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| Providing for
presence of
accused
counsel
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713. (1) A judge or provincial court judge
who appoints a commissioner may make
provision in the order to enable an accused to
be present or represented by counsel when the
evidence is taken, but failure of the accused to
be present or to be represented by counsel in
accordance with the order does not prevent the
admission of the evidence in the proceedings
if the evidence has otherwise been taken in
accordance with the order and with this Part.
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| 1994, c. 44, s.
77(1)
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105. (1) The portion of subsection 715(1)
of the Act after paragraph (d) is replaced by
the following:
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and where it is proved that the evidence was
taken in the presence of the accused, it may be
admitted as evidence in the proceedings with
out further proof, unless the accused proves
that the accused did not have full opportunity
to cross-examine the witness.
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(2) Subsection 715(2) of the Act is re
placed by the following:
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| Admission of
evidence
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(2) Evidence that has been taken on the
preliminary inquiry or other investigation of a
charge against an accused may be admitted as
evidence in the prosecution of the accused for
any other offence on the same proof and in the
same manner in all respects, as it might,
according to law, be admitted as evidence in
the prosecution of the offence with which the
accused was charged when the evidence was
taken.
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106. (1) Paragraph 717(4)(a) of the Act is
replaced by the following:
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(2) The portion of paragraph 717(4)(c) of
the Act before subparagraph (i) is replaced
by the following:
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(3) The portion of subsection 717(4) of the
Act after paragraph (c) is replaced by the
following:
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the court that sentences the accused may di
rect that the terms of imprisonment shall be
served one after the other.
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| R.S., c. 1 (4th
Supp.), s. 18
(Sch. I, item
23)(F)
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107. Subsection 736(1) of the Act is
replaced by the following:
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| Conditional
and absolute
discharge
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736. (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 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.
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| R.S., c. 27 (1st
Supp.), s. 203
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108. (1) The portion of subsection 770(1)
of the Act before paragraph (a) is replaced
by the following:
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| Default to be
endorsed
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770. (1) Where, in proceedings to which
this Act applies, a person who is bound by
recognizance does not comply with a condi
tion of the recognizance, a court, justice or
provincial court judge having knowledge of
the facts shall endorse or cause to be endorsed
on the recognizance a certificate in Form 33
setting out
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(2) Subsections 770(2) and (3) of the
French version of the Act are replaced by
the following:
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| Transmission
au greffier du
tribunal
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(2) Un engagement sur lequel est inscrit un
certificat en conformité avec le paragraphe (1)
est envoyé au greffier du tribunal et conservé
par lui aux archives du tribunal.
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| Un certificat
constitue une
preuve
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(3) Un certificat inscrit sur un engagement
en conformité avec le paragraphe (1) constitue
une preuve du manquement auquel il se
rapporte.
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109. Subsection 784(3) of the Act is
replaced by the following:
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| Refusal of
application,
and appeal
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(3) Where an application for a writ of
habeas corpus ad subjiciendum is refused by
a judge of a court having jurisdiction therein,
no application may again be made on the same
grounds, whether to the same or to another
court or judge, unless fresh evidence is
adduced, but an appeal from that refusal shall
lie to the court of appeal, and where on the
appeal the application is refused a further
appeal shall lie to the Supreme Court of
Canada, with leave of that Court.
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110. Subsection 786(2) of the Act is
replaced by the following:
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| Limitation
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(2) No proceedings shall be instituted more
than six months after the time when the
subject-matter of the proceedings arose, un
less the prosecutor and the defendant so agree.
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111. Section 800 of the Act is amended by
adding the following after subsection (2):
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| Video links
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(2.1) Where the court so orders and the
defendant agrees, the defendant who is con
fined in prison may appear by closed-circuit
television or any other means that allow the
court and the defendant to engage in simulta
neous visual and oral communication, if the
defendant is given the opportunity to commu
nicate privately with counsel, in a case in
which the defendant is represented by coun
sel.
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112. The portion of subsection 803(2) of
the Act before paragraph (a) is replaced by
the following:
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| Non- appearance of defendant
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(2) Where a defendant does not appear at
the time and place appointed for the trial after
having been notified of that time and place, or
where a defendant does not appear for the
resumption of a trial that has been adjourned
in accordance with subsection (1), the summa
ry conviction court
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| 1993, c. 45, s.
11
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113. (1) Subsection 810.1(3) of the French
version of the Act is replaced by the
following:
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| Décision
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(3) Le juge devant lequel les parties
comparaissent peut, s'il est convaincu, par la
preuve apportée, que les craintes du dénonci
ateur sont fondées sur des motifs raisonnables,
ordonner que le défendeur contracte un en
gagement assorti des conditions que le tribu
nal fixe, y compris celle interdisant au défen
deur, pour une période maximale de douze
mois, de se livrer à des activités qui entraînent
des contacts avec des personnes âgées de
moins de quatorze ans et de se trouver dans un
parc public ou une zone publique où l'on peut
se baigner s'il y a des enfants ou s'il est
raisonnable de s'attendre à ce qu'il y en ait,
une garderie, un terrain d'école, un terrain de
jeu ou un centre communautaire.
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(2) Section 810.1 of the Act is amended by
adding the following after subsection (3):
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| Refusal to
enter into
recognizance
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(3.1) The provincial court judge may com
mit the defendant to prison for a term not
exceeding twelve months if the defendant
fails or refuses to enter into the recognizance.
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| 1994, c. 44, s.
83
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114. Subsection 840(2) of the Act is
replaced by the following:
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| Order of
lieutenant
governor in
council
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(2) The lieutenant governor in council of a
province may order that all or any of the fees
and allowances mentioned in the schedule to
this Part shall not be taken or allowed in
proceedings before summary conviction
courts and justices under this Part in that
province and, when the lieutenant governor in
council so orders, he or she may fix any other
fees and allowances for any items similar to
those mentioned in the schedule, or any other
items, to be taken or allowed instead.
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| 1994, c. 44, s.
84
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115. Forms 9, 10, 11 and 11.1 of Part
XXVIII of the Act are replaced by the
following:
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FORM 9
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APPEARANCE NOTICE ISSUED BY A PEACE OFFICER TO A PERSON NOT YET CHARGED WITH AN OFFENCE |
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Canada, Province of ...................., (territo
rial division).
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To A.B., of ................, (occupation):
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You are alleged to have committed (set out
substance of offence).
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1. You are required 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.
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2. You are 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 Identification of Crimi
nals Act. (Ignore if not filled in.)
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You are warned that failure to attend court in
accordance with this appearance notice is an
offence under subsection 145(5) of the Crimi
nal Code.
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Subsections 145(5) and (6) of the Criminal
Code state as follows:
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Section 502 of the Criminal Code states as fol
lows:
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Issued at ........ a.m./p.m. this ................ day
of ....... A.D. ........, at ................. .
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......................................... (Signature of
peace officer)
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.................................. (Signature of accused)
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