Bill C-217
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-217 |
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An Act to amend the Criminal Code
(protection of witnesses)
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42
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1. (1) Subsection 486(1.1) of the Criminal
Code is replaced by the following:
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| Protection of
witnesses
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(1.1) For the purposes of subsections (1) and
(2.3) and for greater certainty, the ``proper
administration of justice'' includes ensuring
that the interests of witnesses are safeguarded
in proceedings in which the accused is charged
with a sexual offence, an offence against any
of sections 271, 272 and 273 or an offence in
which violence against the person is alleged to
have been used, threatened or attempted.
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(2) Subsection 486(2.3) of the Act is
replaced by the following:
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| Accused not
to cross- examine witnesses
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(2.3) In proceedings referred to in
subsection (1.1), the accused shall not
personally cross-examine a witness unless the
presiding judge, provincial court judge or
justice is of the opinion that the proper
administration of justice requires the accused
to personally conduct the cross-examination
and, where the accused is not personally
conducting the cross-examination, the
presiding judge, provincial court judge or
justice shall appoint counsel for the purpose of
conducting the cross-examination.
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