Bill C-36
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-36 |
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An Act to amend the Criminal Code (criminal
harassment, home invasions,
applications for ministerial
review - miscarriages of justice, and
criminal procedure) and to amend other
Acts
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R.S., c. C-46
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CRIMINAL CODE |
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1. The Criminal Code is amended by
adding the following before section 4:
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Effect of
judicial acts
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3.1 Unless otherwise provided or ordered,
anything done by a court, justice or judge is
effective from the moment it is done, whether
or not it is reduced to writing.
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1999, c. 35,
s. 11
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2. Paragraph 7(2.31)(b) of the English
version of the Act is replaced by the
following:
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1993, c. 45,
s. 2
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3. Paragraph 264(3)(a) of the Act is
replaced by the following:
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4. The Act is amended by adding the
following after section 348:
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Aggravating
circums- tance - home invasion
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348.1 Where a person is convicted of an
offence under any of subsection 279(2) or
sections 343, 346 and 348 in relation to a
dwelling-house, the court imposing the
sentence on the person shall consider as an
aggravating circumstance the fact that the
dwelling-house was occupied at the time of
the commission of the offence and that the
person, in committing the offence,
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R.S., c. 27 (1st
Supp.),
s. 66(1)
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5. (1) Subsection 482(2) of the Act is
replaced by the following:
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Power to
make rules
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(2) The following courts may , subject to the
approval of the lieutenant governor in council
of the relevant province, make rules of court
not inconsistent with this Act or any other Act
of Parliament that are applicable to any
prosecution, proceeding, including a
preliminary inquiry or proceedings within the
meaning of Part XXVII , 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
the prosecution, proceeding, action or
appeal:
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R.S., c. 27 (1st
Supp.),
s. 66(3)
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(2) Paragraph 482(3)(c) of the Act is
replaced by the following:
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6. The Act is amended by adding the
following after section 482:
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Power to
make rules
respecting
case
management
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482.1 (1) A court referred to in subsection
482(1) or (2) may make rules for case
management, including rules
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Compliance
with
directions
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(2) The parties to a case shall comply with
any direction made in accordance with a rule
made under subsection (1).
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Summons or
warrant
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(3) Where rules are made under subsection
(1), a court, justice or judge may issue a
summons or warrant to compel the presence of
the accused at case management proceedings.
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Provisions to
apply
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(4) Section 512 and subsection 524(1)
apply, with any modifications that the
circumstances require, to the issuance of a
summons or a warrant under subsection (3).
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Approval of
lieutenant
governor in
council
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(5) Rules made under this section by a court
referred to in subsection 482(2) must be
approved by the lieutenant governor in
council of the relevant province in order to
come into force.
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Subsections
482(4) and (5)
to apply
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(6) Subsections 482(4) and (5) apply, with
any modifications that the circumstances
require, to rules made under subsection (1).
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1997, c. 18,
s. 40
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7. Subsection 485(1.1) of the Act is
replaced by the following:
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When accused
not present
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(1.1) Jurisdiction over an accused is not lost
by reason of the failure of the accused to
appear personally, so long as subsection
515(2.2) , paragraph 537(1)(j), (j.1) or (k) ,
subsection 650(1.1) or (1.2), paragraph
650(2)(b) or 650.01(3)(a), subsection
683(2.1) or 688(2.1) or a rule of court made
under section 482 or 482.1 applies.
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R.S., c. 27 (1st
Supp.),
s. 78(1)
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8. The portion of subsection 507(1) of the
Act before paragraph (a) is replaced by the
following:
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Justice to hear
informant and
witnesses -
public
prosecutions
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507. (1) Subject to subsection 523(1.1), a
justice who receives an information laid under
section 504 by a peace officer, a public officer,
the Attorney General or the Attorney
General's agent , other than an information
laid before the justice under section 505, shall,
except if an accused has already been arrested
with or without a warrant,
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9. The Act is amended by adding the
following after section 507:
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Referral when
private
prosecution
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507.1 (1) A justice who receives an
information laid under section 504, other than
an information referred to in subsection
507(1), shall refer it to a provincial court judge
or, in Quebec, a judge of the Court of Quebec,
or to a designated justice, to consider whether
to compel the appearance of the accused on
the information.
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Summons or
warrant
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(2) A judge or designated justice to whom
an information is referred under subsection (1)
and who considers that a case for doing so is
made out shall issue either a summons or
warrant for the arrest of the accused to compel
him or her to attend before a justice to answer
to a charge of the offence charged in the
information.
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Conditions for
issuance
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(3) The judge or designated justice may
issue a summons or warrant only if he or she
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Appearance
of Attorney
General
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(4) The Attorney General may appear at the
hearing held under paragraph (3)(a) without
being deemed to intervene in the proceeding.
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Information
deemed not to
have been laid
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(5) If the judge or designated justice does
not issue a summons or warrant under
subsection (2), he or she shall endorse the
information with a statement to that effect.
Unless the informant, not later than six months
after the endorsement, commences
proceedings to compel the judge or designated
justice to issue a summons or warrant, the
information is deemed never to have been
laid.
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Information
deemed not to
have been
laid -
proceedings
commenced
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(6) If proceedings are commenced under
subsection (5) and a summons or warrant is not
issued as a result of those proceedings, the
information is deemed never to have been
laid.
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New evidence
required for
new hearing
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(7) If a hearing in respect of an offence has
been held under paragraph (3)(a) and the
judge or designated justice has not issued a
summons or a warrant, no other hearings may
be held under that paragraph with respect to
the offence or an included offence unless there
is new evidence in support of the allegation in
respect of which the hearing is sought to be
held.
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Subsections
507(2) to (8)
to apply
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(8) Subsections 507(2) to (8) apply to
proceedings under this section.
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Non- application - informations laid under sections 810 and 810.1
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(9) Subsections (1) to (8) do not apply in
respect of an information laid under section
810 or 810.1.
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Meaning of
``designa- ted justice''
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(10) In this section, ``designated justice''
means a justice designated for the purpose by
the chief judge of the provincial court having
jurisdiction in the matter or, in Quebec, a
justice designated by the chief judge of the
Court of Quebec.
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1997, c. 39,
s. 2
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10. Paragraph 529.1(b) of the Act is
replaced by the following:
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R.S., c. 27 (1st
Supp.), s. 96
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11. Section 535 of the Act is replaced by
the following:
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Inquiry by
justice
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535. If an accused who is charged with an
indictable offence is before a justice and a
request has been made for a preliminary
inquiry under subsection 536(4) or 536.1(3) ,
the justice shall, in accordance with this Part,
inquire into the 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.
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R.S., c. 27 (1st
Supp.), s. 96
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12. (1) Subsection 536(2) of the Act is
replaced by the following:
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Election
before justice
in certain
cases
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(2) If an accused is before a justice charged
with an indictable 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 an
election in the following words:
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R.S., c. 27 (1st
Supp.), s. 96
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(2) Subsection 536(4) of the Act is
replaced by the following:
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Request for
preliminary
inquiry
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(4) If an accused elects 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
the election or is deemed under paragraph
565(1)(b) to have elected to be tried by a court
composed of a judge and jury , the justice
shall, subject to section 577, on the request of
the accused or the prosecutor made at that time
or within the period fixed by rules of court
made under section 482 or 482.1 or, if there are
no such rules, by the justice , hold a
preliminary inquiry into the charge.
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Procedure if
accused elects
trial by judge
alone or by
judge and jury
or deemed
election
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(4.1) If an accused elects 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
the election or is deemed under paragraph
565(1)(b) to have elected to be tried by a court
composed of a judge and jury, the justice shall
endorse on the information and, if the accused
is in custody, on the warrant of remand, a
statement showing
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Preliminary
inquiry if two
or more
accused
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(4.2) If two or more persons are jointly
charged in an information and one or more of
them make a request for a preliminary inquiry
under subsection (4), a preliminary inquiry
must be held with respect to all of them.
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When no
request for
preliminary
inquiry
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(4.3) If no request for a preliminary inquiry
is made under subsection (4), the justice shall
fix the date for the trial or the date on which the
accused must appear in the trial court to have
the date fixed.
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1999, c. 3,
s. 35
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13. Subsections 536.1(2) to (5) of the Act
are replaced by the following:
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Election
before justice
in certain
cases -
Nunavut
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(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:
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Request for
preliminary
inquiry -
Nunavut
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(3) If an accused elects 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
the election or is deemed under paragraph
565(1)(b) to have elected to be tried by a court
composed of a judge and jury , the justice or
judge shall, subject to section 577, on the
request of the accused or the prosecutor made
at that time or within the period fixed by rules
of court made under section 482 or 482.1 or,
if there are no such rules, by the judge or
justice , hold a preliminary inquiry into the
charge.
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Procedure if
accused elects
trial by judge
alone or by
judge and jury
or deemed
election
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(4) If an accused elects 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 the
election or is deemed under paragraph
565(1)(b) to have elected to be tried by a court
composed of a judge and jury, the justice or
judge shall endorse on the information and, if
the accused is in custody, on the warrant of
remand a statement showing
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