Skip to main content

Bill C-36

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

SUMMARY

This enactment amends the Criminal Code by

    (a) codifying and clarifying the review process for applications to the Minister of Justice with respect to allegations of miscarriage of justice;

    (b) increasing the maximum penalty for criminal harassment;

    (c) making home invasions an aggravating circumstance for sentencing purposes; and

    (d) reforming and modernizing criminal procedure with respect to

      (i) procedural aspects of preliminary inquiries,

      (ii) the disclosure of expert evidence,

      (iii) rules of court in relation to case management and preliminary inquiries,

      (iv) electronic documents and remote appearances,

      (v) a plea comprehension inquiry scheme,

      (vi) private prosecutions,

      (vii) the selection of alternate jurors, and

      (viii) restriction on the use of agents.

This enactment also amends the National Capital Act by increasing the maximum fine available and the National Defence Act by providing for fingerprinting.

EXPLANATORY NOTES

Criminal Code

Clause 1: New.

Clause 2: The relevant portion of subsection 7(2.31) reads as follows:

(2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission

    . . .

    (b) is committed on, or in relation to, a flight element provided by Canada or damages a Canadian flight element.

Clause 3: The relevant portion of subsection 264(3) reads as follows:

(3) Every person who contravenes this section is guilty of

    (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

Clause 4: New.

Clause 5: (1) Subsection 482(2) reads as follows:

(2) Every court of criminal jurisdiction for a province and every appeal court within the meaning of section 812 that is not a court referred to in subsection (1) may, subject to the approval of the lieutenant governor in council of the province, make rules of court not inconsistent with this Act or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

(2) The relevant portion of subsection 482(3) reads as follows:

(3) Rules under subsection (1) or (2) may be made

    . . .

    (c) to regulate in criminal matters the pleading, practice and procedure in the court including pre-hearing conferences held pursuant to section 625.1 and proceedings with respect to judicial interim release and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

Clause 6: New.

Clause 7: Subsection 485(1.1) reads as follows:

(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as paragraph 537(1)(j) or subsection 650(1.1) applies and the accused is to appear by counsel.

Clause 8: The relevant portion of subsection 507(1) reads as follows:

507. (1) Subject to subsection 523(1.1), a justice who receives an information, other than an information laid before the justice under section 505, shall, except where an accused has already been arrested with or without a warrant,

Clause 9: New.

Clause 10: The relevant portion of section 529.1 reads as follows:

529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

    . . .

    (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b); or

Clause 11: Section 535 reads as follows:

535. Where an accused who is charged with an indictable offence is before a justice, the justice shall, in accordance with this Part, inquire into that charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

Clause 12: (1) Subsection 536(2) reads as follows:

(2) Where an accused is before a justice charged with an offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to his election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?

(2) Subsections 536(4.1) to (4.3) are new. Subsection 536(4) reads as follows:

(4) Where an accused elects to have a preliminary inquiry and to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to his election, the justice shall hold a preliminary inquiry into the charge and if the accused is ordered to stand trial, the justice shall endorse on the information and, where the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.

Clause 13: Subsections 536.1(4.1) and (4.2) are new. Subsections 536.1(2) to (5) read as follows:

(2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?

(3) If an accused elects to be tried by a judge without a jury and without having had a preliminary inquiry, the justice of the peace or judge shall endorse on the information a record of the election and,

    (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or

    (b) if the accused is before a judge, the judge shall call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.

(4) If an accused elects to have a preliminary inquiry and to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to an election, the justice of the peace or judge shall hold a preliminary inquiry into the charge and if the accused is ordered to stand trial, the justice of the peace or judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.

(5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purposes of subsection (4).

Clause 14: New.

Clause 15: (1) and (2) Paragraph 537(1)(j.1) is new. The relevant portion of subsection 537(1) reads as follows:

537. (1) A justice acting under this Part may

    . . .

    (i) regulate the course of the inquiry in any way that appears to him to be desirable and that is not inconsistent with this Act;

(3) New.

Clause 16: (1) The relevant portion of subsection 540(1) reads as follows:

540. (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall

    (a) take the evidence under oath, in the presence of the accused, of the witnesses called on the part of the prosecution and allow the accused or his counsel to cross-examine them; and

(2) New.

Clause 17: Subsection 549(1.1) is new. Subsection 549(2) reads as follows:

(2) Where an accused is ordered to stand trial under subsection (1), the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall thereafter be dealt with in all respects as if ordered to stand trial under section 548.

Clause 18: Subsection 554(2) reads as follows:

(2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury and without having a preliminary inquiry.

Clause 19: The relevant portion of subsection 555(3) reads as follows:

(3) Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely,

    (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if he orders the accused to stand trial, the provincial court judge shall comply with subsection 536(4); and

Clause 20: Subsections 555.1(3) and (4) read as follows:

(3) If an accused is put to an election under subsection (2) and the accused elects to have a preliminary inquiry and to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the judge orders the accused to stand trial, the judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.

(4) If an accused is put to an election under subsection (2), and the accused elects to be tried by a judge without a jury and without having a preliminary inquiry, the judge shall endorse on the information a record of the election and continue with the trial.

Clause 21: (1) The relevant portion of subsection 556(2) reads as follows:

(2) Where an accused corporation does not appear pursuant to a summons and service of the summons on the corporation is proved, the provincial court judge, or in Nunavut, the judge of the Nunavut Court of Justice

    . . .

    (b) shall, if the charge is not one over which he has absolute jurisdiction, hold a preliminary inquiry in accordance with Part XVIII in the absence of the accused corporation.

(2) Subsection 556(4) is new. Subsection 556(3) reads as follows:

(3) If an accused corporation appears but does not elect when put to an election under subsection 536(2) or 536.1(2), the provincial court judge or judge of the Nunavut Court of Justice shall hold a preliminary inquiry in accordance with Part XVIII.

Clause 22: Section 557 reads as follows:

557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused shall be taken in accordance with the provisions of Part XVIII relating to preliminary inquiries.

Clause 23: The relevant portion of subsection 560(1) reads as follows:

560. (1) If an accused elects, under section 536 or 536.1 to have a preliminary inquiry and to be tried by a judge without a jury, a judge having jurisdiction shall,

Clause 24: Subsection 561(2) reads as follows:

(2) An accused who elects to be tried by a provincial court judge may, not later than fourteen days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so thereafter with the written consent of the prosecutor.

Clause 25: (1) Subsections 561.1(1) to (3) read as follows:

561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor, except that an accused who has had a preliminary inquiry may not elect to be tried by a judge without a jury and without having had a preliminary inquiry.

(2) An accused who has elected to be tried by a judge without a jury and without a preliminary inquiry may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.

(3) An accused who has elected to be tried by a judge and jury or to have a preliminary inquiry and to be tried by a judge without jury may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the fifteenth day following its completion.

(2) Subsections 561.1(5) to (7) read as follows:

(5) If an accused wishes to re-elect under subsection (1) to be tried by a judge without a jury and without having had a preliminary inquiry and a justice of the peace is presiding at the preliminary inquiry, the justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused's intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.

(6) If an accused wishes to re-elect under subsection (1) or (3) after the completion of a preliminary inquiry or after having elected a trial by judge without a jury and without having had a preliminary inquiry, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

(7) If an accused wishes to re-elect under subsection (2), the accused shall give notice in writing of the wish to re-elect to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

Clause 26: Subsections 562.1(1) and (2) read as follows:

562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and without a preliminary inquiry, the judge shall proceed with the trial or appoint a time and place for the trial.

(2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by judge and jury or to have a preliminary inquiry and to be tried by a judge without a jury, the justice of the peace or judge shall proceed with the preliminary inquiry.

Clause 27: The relevant portion of subsection 563.1(1) reads as follows:

563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and without having a preliminary inquiry,

Clause 28: Subsection 565(2) reads as follows:

(2) Where an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury.

Clause 29: Subsections 566.1(1) and (2) read as follows:

566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence mentioned in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury without having had a preliminary inquiry, shall be on an indictment in writing setting forth the offence with which the accused is charged.

(2) If an accused elects under section 536.1 or re-elects under section 561.1 to have a preliminary inquiry and to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

Clause 30: Sections 567 to 568 read as follows:

567. Notwithstanding any other provision of this Part, where two or more persons are charged with the same offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice, provincial court judge or judge

    (a) may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury; and

    (b) if he declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

567.1 (1) Despite any other provision of this Part, if two or more persons are charged with the same indictable offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice of the peace or judge

    (a) may decline to record any election, re-election or deemed election

      (i) for trial by a judge without a jury and without having a preliminary inquiry, or

      (ii) to have a preliminary inquiry and to be tried by a judge without a jury; and

    (b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

568. The Attorney General may, notwithstanding that an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, as the case may be, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and where the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.

Clause 31: Subsection 569(1) reads as follows:

569. (1) The Attorney General may, despite that an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and without having had a preliminary inquiry or to have a preliminary inquiry and to be tried by a judge without a jury, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and if the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice of the peace or a judge unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.

Clause 32: Section 574 reads as follows:

574. (1) Subject to subsection (3) and section 577, the prosecutor may prefer an indictment against any person who has been ordered to stand trial in respect of

    (a) any charge on which that person was ordered to stand trial, or

    (b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial,

whether or not the charges were included in one information.

(2) An indictment preferred under subsection (1) may, if the accused consents, include any charge that is not referred to in paragraph (1)(a) or (b), and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial, but if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.

(3) In any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment shall not be preferred under subsection (1) before any court without the written order of a judge of that court.

Clause 33: Section 577 reads as follows:

577. In any prosecution,

    (a) where a preliminary inquiry has not been held, an indictment shall not be preferred, or

    (b) where a preliminary inquiry has been held and the accused has been discharged, an indictment shall not be preferred or a new information shall not be laid

before any court without,

    (c) where the prosecution is conducted by the Attorney General or the Attorney General intervenes in the prosecution, the personal consent in writing of the Attorney General or Deputy Attorney General, or

    (d) where the prosecution is conducted by a prosecutor other than the Attorney General and the Attorney General does not intervene in the prosecution, the written order of a judge of that court.

Clause 34: New.

Clause 35: Subsection 598(2) reads as follows:

(2) An accused who, pursuant to subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried by a judge without a jury and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

Clause 36: (1) and (2) New.

Clause 37: Subsection 625.1(2) reads as follows:

(2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, prior to the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under section 482 to consider such matters as will promote a fair and expeditious trial.

Clause 38: New.

Clause 39: (1) New.

(2) Subsection 631(3) reads as follows:

(3) Where

    (a) the array of jurors is not challenged, or

    (b) the array of jurors is challenged but the judge does not direct a new panel to be returned,

the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by.

(3) Subsections 631(4) and (5) read as follows:

(4) The clerk of the court shall swear each member of the jury in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

(5) Where the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors are sworn.

Clause 40: The relevant portion of section 632 reads as follows:

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or any challenge has been made in relation to the juror, for reasons of

    . . .

    (b) relationship with the judge, prosecutor, accused, counsel for the accused or a prospective witness; or

Clause 41: (1) The relevant portion of subsection 634(2) reads as follows:

(2) Subject to subsections (3) and (4), the prosecutor and the accused are each entitled to

(2) New.

Clause 42: Subsection 641(1) reads as follows:

641. (1) Where a full jury has not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

Clause 43: Subsection 642(1) reads as follows:

642. (1) Where a full jury cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer forthwith to summon as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury.

Clause 44: New.

Clause 45: Subsection 643(1.1) is new. Subsection 643(1) reads as follows:

643. (1) The twelve jurors whose names are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the names of the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged, whereupon the names shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

Clause 46: Section 646 reads as follows:

646. On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

Clause 47: Subsection 650(1) reads as follows:

650. (1) Subject to subsections (1.1) and (2), an accused other than a corporation shall be present in court during the whole of the accused's trial.

Clause 48: New.

Clause 49: New.

Clause 50: Subsection 675(2.1) reads as follows:

(2.1) A person against whom an order under section 741.2 has been made may appeal to the court of appeal against the order.

Clause 51: Subsection 676(5) reads as follows:

(5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 741.2.

Clause 52: Subsection 679(7) reads as follows:

(7) Where, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 690, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

Clause 53: New.

Clause 54: New.

Clause 55: Section 690 and the heading before it read as follows:

Powers of Minister of Justice

690. The Minister of Justice may, on an application for the mercy of the Crown by or on behalf of a person who has been convicted in proceedings by indictment or who has been sentenced to preventive detention under Part XXIV,

    (a) direct, by order in writing, a new trial or, in the case of a person under sentence of preventive detention, a new hearing, before any court that he thinks proper, if after inquiry he is satisfied that in the circumstances a new trial or hearing, as the case may be, should be directed;

    (b) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person under sentence of preventive detention, as the case may be; or

    (c) refer to the court of appeal at any time, for its opinion, any question on which he desires the assistance of that court, and the court shall furnish its opinion accordingly.

Clause 56: New.

Clause 57: New.

Clause 58: Section 731.1 reads as follows:

731.1 (1) Before making a probation order, the court shall consider whether section 100 is applicable.

(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.

Clause 59: Section 734.3 reads as follows:

734.3 A court that makes an order under section 734.1, or a person designated, either by name or by title of office, by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed pursuant to this section.

Clause 60: Section 742.2 reads as follows:

742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 100 is applicable.

(2) For greater certainty, a condition of a conditional sentence referred to in paragraph 742.3(2)(b) does not affect the operation of section 100.

Clause 61: New.

Clause 62: The relevant portion of the definition ``sentence'' in section 785 reads as follows:

``sentence'' includes

      . . .

      (b) an order made under subsection 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5) or section 738, 739 or 742.3,

Clause 63: New.

Clause 64: Subsection 822(4) reads as follows:

(4) Notwithstanding subsections (1) to (3), where an appeal is taken under section 813 and where, because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or his agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with such rules as may be made under section 482 and for this purpose the provisions of sections 793 to 809 apply with such modifications as the circumstances require.

Clause 65: Sections 842 to 849 are new. Section 841 and the headings before it read as follows:

PART XXVIII

FORMS

841. (1) The forms set out in this Part varied to suit the case or forms to the like effect shall be deemed to be good, valid and sufficient in the circumstances for which, respectively, they are provided.

(2) No justice is required to attach or affix a seal to any writing or process that he is authorized to issue and in respect of which a form is provided by this Part.

(3) Any pre-printed portions of a form set out in this Part varied to suit the case or of a form to the like effect shall be printed in both official languages.

Clause 66: The relevant portion of Form 7.1 reads as follows:

Whereas there are reasonable grounds to believe:*

    . . .

    (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) of the Criminal Code; or

    . . .

This warrant is issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the person.

National Capital Act

Clause 67: Subsection 20(2) reads as follows:

(2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed a fine of five hundred dollars or imprisonment for a term of six months or both.

National Defence Act

Clause 68: New.

Young Offenders Act

Clause 69: Subsection 19(5.1) reads as follows:

(5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.

Clause 70: (1) The relevant portion of subsection 19.1(4) reads as follows:

(4) If a young person is charged with having committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the youth court, before proceeding with the trial, shall ask the young person to elect

    (a) to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth court, or

    . . .

and if a young person elects under paragraph (a) or (b), the young person shall be dealt with as provided in this Act.

(2) Subsection 19.1(6) reads as follows:

(6) If a young person elects or is deemed to have elected under paragraph (4)(b), a preliminary inquiry shall be held in the youth court and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury.

Previous Page Table of Contents Next Page