Bill C-79
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1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-79 |
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An Act to amend the Criminal Code (victims
of crime) and another Act in consequence
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Preamble
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Whereas the Parliament of Canada
continues to be gravely concerned about the
incidence of crime in Canada and its impact on
society, particularly on persons who are the
victims of offences;
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Whereas the Parliament of Canada
recognizes that the co-operation of victims of
and witnesses to offences is essential to the
investigation and prosecution of offences, and
wishes to encourage the reporting of offences,
and to provide for the prosecution of offences
within a framework of laws that are consistent
with the principles of fundamental justice;
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Whereas the Parliament of Canada
recognizes and is committed to ensuring that
all persons have the full protection of the
rights guaranteed by the Canadian Charter of
Rights and Freedoms and, in the event of a
conflict between the rights of accused persons
and victims of and witnesses to offences, that
those rights are accommodated and reconciled
to the greatest extent possible;
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Whereas the Parliament of Canada supports
the principle that victims of and witnesses to
offences should be treated with courtesy,
compassion and respect by the criminal
justice system, and should suffer the least
amount of inconvenience necessary as a result
of their involvement in the criminal justice
system;
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Whereas the Parliament of Canada, while
recognizing that the Crown is responsible for
the prosecution of offences, is of the opinion
that the views and concerns of the victims
should be considered in accordance with
prevailing criminal law and procedure,
particularly with respect to decisions that may
have an impact on their safety, security or
privacy;
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Whereas the Parliament of Canada wishes
to encourage and facilitate the provision of
information to victims of and witnesses to
offences regarding the criminal justice system
and their role in it, and regarding specific
decisions that have an impact on them;
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Whereas the Parliament of Canada wishes
to encourage and facilitate the participation in
the criminal justice system of victims of and
witnesses to offences in accordance with
prevailing criminal law and procedure;
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And whereas the Parliament of Canada
acknowledges the fundamental importance of
an open justice system that treats all persons
who come before it with dignity and respect;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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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;
1996, cc. 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, c. 5
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CRIMINAL CODE |
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1. Section 2 of the Criminal Code is
amended by adding the following in
alphabetical order:
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``victim'' « victime »
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``victim'' includes the victim of an alleged
offence;
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1993, c. 45,
s. 7(1)
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2. (1) Subsections 486(1.1) and (1.2) of the
Act are replaced by the following:
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Protection of
child
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 under the age of
eighteen years 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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Support
person
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(1.2) In proceedings referred to in
subsection (1.1), the presiding judge,
provincial court judge or justice may, on
application of the prosecutor or a witness who,
at the time of the trial or preliminary hearing,
is under the age of fourteen years or who has
a mental or physical disability, order that a
support person of the witness' choice be
permitted to be present and to be close to the
witness while testifying.
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1993, c. 45,
s. 7(2); 1997,
c. 16, s. 6(4)
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(2) Subsections 486(2.3) and (3) of the Act
are replaced by the following:
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Accused not
to
cross-examine
child witness
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(2.3) In proceedings referred to in
subsection (1.1), the accused shall not
personally cross-examine a witness who at the
time of the proceedings is under the age of
eighteen years, 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, if 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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Order
restricting
publication
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(3) Subject to subsection (4), the presiding
judge or justice may make an order directing
that the identity of a complainant or a witness
and any information that could disclose the
identity of the complainant or witness shall
not be published in any document or broadcast
in any way, when an accused is charged with
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(3) Subsection 486(5) of the Act is
replaced by the following:
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Ban on
publication
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(4.1) A judge or justice may, in any
proceedings against an accused other than in
respect of an offence set out in subsection (3),
make an order directing that the identity of a
victim or witness, or any information that
could disclose their identity, shall not be
published in any document or broadcast in any
way, if the judge or justice is satisfied that the
order is necessary for the proper
administration of justice.
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Order
restricting
publication
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(4.2) An order made under subsection (4.1)
does not apply in respect of the disclosure of
information in the course of the
administration of justice if it is not the purpose
of the disclosure to make the information
known in the community.
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Application
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(4.3) An order under subsection (4.1) may
be made on the application of the prosecutor,
a victim or a witness. The application must be
made to the presiding judge or justice or, if the
judge or justice has not been determined, to a
judge of a superior court of criminal
jurisdiction in the judicial district where the
proceedings will take place.
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Contents of
application
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(4.4) The application must be in writing and
set out the grounds on which the applicant
relies to establish that the order is necessary
for the proper administration of justice.
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Notice of
application
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(4.5) The applicant shall provide notice of
the application to the prosecutor, the accused
and any other person affected by the order that
the judge or justice specifies.
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Hearing may
be held
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(4.6) The judge or justice may hold a
hearing to determine whether an order under
subsection (4.1) should be made, and the
hearing may be in private.
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Factors to be
considered
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(4.7) In determining whether to make an
order under subsection (4.1), the judge or
justice shall consider
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Conditions
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(4.8) An order made under subsection (4.1)
may be subject to any conditions that the judge
or justice thinks fit.
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Publication of
application
prohibited
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(4.9) Unless the presiding judge or justice
refuses to make an order under subsection
(4.1), no person shall publish in any document
or broadcast in any way
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Failure to
comply with
order
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(5) Every person who fails to comply with
an order made under subsection (3) or (4.1) is
guilty of an offence punishable on summary
conviction.
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3. (1) Subsection 497(1) of the Act is
replaced by the following:
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Release from
custody by
peace officer
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497. (1) Subject to subsection (1.1), if a
peace officer arrests a person without warrant
for an offence described in paragraph 496(a),
(b) or (c), the peace officer shall, as soon as
practicable,
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Exception
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(1.1) A peace officer shall not release a
person under subsection (1) if the peace
officer believes, on reasonable grounds,
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(2) The portion of subsection 497(3) of the
Act before paragraph (a) is replaced by the
following:
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Consequen- ces of non-release
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(3) A peace officer who has arrested a
person without warrant for an offence
described in subsection (1) and who does not
release the person from custody as soon as
practicable in the manner described in that
subsection shall be deemed to be acting
lawfully and in the execution of the peace
officer's duty for the purposes of
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1997, c. 18,
s. 52; 1998, c.
7, s. 2
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4. (1) Subsection 498(1) of the Act is
replaced by the following:
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Release from
custody by
officer in
charge
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498. (1) Subject to subsection (1.1), if a
person who has been arrested without warrant
by a peace officer is taken into custody, or if
a person who has been arrested without
warrant and delivered to a peace officer under
subsection 494(3) is detained in custody under
subsection 503(1) for an offence described in
paragraph 496(a), (b) or (c), or any other
offence that is punishable by imprisonment
for five years or less, and has not been taken
before a justice or released from custody
under any other provision of this Part, the
officer in charge or another peace officer shall,
as soon as practicable,
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Exception
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(1.1) The officer in charge or the peace
officer shall not release a person under
subsection (1) if the officer in charge or peace
officer believes, on reasonable grounds,
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1997, c. 18,
s. 52(3)
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(2) The portion of subsection 498(3) of the
Act before paragraph (a) is replaced by the
following:
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Consequen- ces of non-release
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(3) An officer in charge or another peace
officer who has the custody of a person taken
into or detained in custody for an offence
described in subsection (1) and who does not
release the person from custody as soon as
practicable in the manner described in that
subsection shall be deemed to be acting
lawfully and in the execution of the officer's
duty for the purposes of
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1994, c. 44,
s. 40
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5. (1) Paragraph 499(2)(c) of the Act is
replaced by the following:
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(2) Subsection 499(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (f), by adding the
word ``and'' at the end of paragraph (g) and
by adding the following after paragraph
(g):
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6. Section 500 of the Act is replaced by the
following:
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Money or
other valuable
security to be
deposited with
justice
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500. If a person has, under paragraph
498(1)(d) or 499(1)(c), deposited any sum of
money or other valuable security with the
officer in charge, the officer in charge shall,
without delay after the deposit, cause the
money or valuable security to be delivered to
a justice for deposit with the justice.
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1994, c. 44,
s. 42
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7. (1) Subsection 503(2) of the Act is
replaced by the following:
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