Bill C-36
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Remote Appearance by Incarcerated Accused |
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Condition for
remote
appearance
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848. Despite anything in this Act, if an
accused who is in prison does not have access
to legal advice during the proceedings, the
court shall, before permitting the accused to
appear by a means of communication that
allows the court and the accused to engage in
simultaneous visual and oral communication,
be satisfied that the accused will be able to
understand the proceedings and that any
decisions made by the accused during the
proceedings will be voluntary.
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Forms |
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Forms
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849. (1) The forms set out in this Part,
varied to suit the case, or forms to the like
effect are deemed to be good, valid and
sufficient in the circumstances for which they
are provided.
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Seal not
required
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(2) No justice is required to attach or affix
a seal to any writing or process that he or she
is authorized to issue and in respect of which
a form is provided by this Part.
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Official
languages
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(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.
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1997, c. 39,
s. 3
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66. Paragraph (b) of Form 7.1 of Part
XXVIII of the Act is replaced by the
following:
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AMENDMENTS TO OTHER ACTS |
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R.S., c. N-4
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National Capital Act |
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67. Subsection 20(2) of the National
Capital Act is replaced by the following:
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Punishment
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(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 that set out in
subsection 787(1) of the Criminal Code .
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R.S., c. N-5
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National Defence Act |
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68. The National Defence Act is amended
by adding the following after section 196.1:
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DIVISION 6.1 |
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IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS |
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Definitions
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196.2 The definitions in this section apply
in this Division.
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``designa- ted offence'' « infraction désignée »
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``designated offence'' means an offence under
any of the following provisions of this Act:
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``peace
officer'' « agent de la paix »
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``peace officer'' means
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Fingerprints
and
photographs
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196.3 (1) Any person who is charged with,
or convicted by a court martial of, a
designated offence may be fingerprinted or
photographed or subjected to any other
measurement, process or operation having the
object of identifying persons that is approved
by order of the Governor in Council under the
Identification of Criminals Act.
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Use of force
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(2) Such force may be used as is necessary
to the effectual carrying out and application of
the measurements, processes and operations
described in subsection (1).
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Publication
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(3) The results of the measurements,
processes and operations to which a person
has been subjected under subsection (1) may
be published for the purpose of affording
information to peace officers and others
engaged in the execution or administration of
the law.
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No liability
for acting
under this
Division
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196.4 No civil or criminal liability shall be
incurred by any person for anything lawfully
done under this Division or by any person
concerned in the publication of results for the
purpose of subsection 196.3(3).
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Destruction of
fingerprints,
photographs,
etc.
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196.5 Fingerprints, photographs and other
measurements that are taken under subsection
196.3(1) from a person who is charged with a
designated offence shall be destroyed without
delay
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R.S., c. Y-1
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Young Offenders Act |
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1995, c. 19,
s. 12(2)
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69. Subsection 19(5.1) of the Young
Offenders Act is replaced by the following:
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Preliminary
inquiry
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(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, on the
request of the young person or the prosecutor
made at that time or within the period fixed by
rules of court made under section 67 or 68 or,
if there are no such rules, by the youth court
judge , 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.
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1999, c. 3,
s. 88
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70. (1) Paragraph 19.1(4)(a) of the Act is
replaced by the following:
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(a) to be tried by a judge of the Nunavut
Court of Justice, acting as a youth court, with
a jury , or
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1999, c. 3,
s. 88
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(2) Subsection 19.1(6) of the Act is
replaced by the following:
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Preliminary
inquiry -
Nunavut
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(6) If a young person elects or is deemed to
have elected under paragraph (4)(b), the youth
court shall, on the request of the young person
or the prosecutor made at that time or within
the period fixed by rules of court made under
section 67 or 68 or, if there are no such rules,
by the youth court judge, 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
Nunavut Court of Justice, acting as a youth
court, with a jury.
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COORDINATING AMENDMENTS |
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Bill C-3
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71. (1) If Bill C-3, introduced in the 2nd
Session of the 36th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then
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Election -
adult sentence
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67. (1) Subject to section 66, if a young
person is charged with having, after attaining
the age of fourteen years, committed an
offence set out in paragraph (a) of the
definition ``presumptive offence'' in
subsection 2(1), or if the Attorney General has
given notice under subsection 63(2) of the
intention to seek an adult sentence, the youth
justice court shall, before the young person
enters a plea, put the young person to his or her
election in the following words:
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Election -
Nunavut
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(2) Subject to section 66, in respect of
proceedings in Nunavut, if a young person is
charged with having, after attaining the age of
fourteen years, committed an offence set out
in paragraph (a) of the definition
``presumptive offence'' in subsection 2(1), or
if the Attorney General has given notice under
subsection 63(2) of the intention to seek an
adult sentence, the youth justice court shall,
before the young person enters a plea, put the
young person to his or her election in the
following words:
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Preliminary
inquiry
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(5) When a young person elects to be tried
by a judge without a jury, or elects or is
deemed to have elected to be tried by a court
composed of a judge and jury, the youth
justice court referred to in subsection 13(1)
shall, on the request of the young person or the
prosecutor made at that time or within the
period fixed by rules of court made under
section 17 or 154 or, if there are no such rules,
by the youth justice court judge, conduct a
preliminary inquiry and if, on its conclusion,
the young person is ordered to stand trial, the
proceedings shall be conducted
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Preliminary
inquiry if two
or more
accused
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(5.1) If two or more young persons are
jointly charged in an information and one or
more of them make a request for a preliminary
inquiry under subsection (5), 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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(5.2) If no request for a preliminary inquiry
is made under subsection (5), the youth justice
court shall fix the date for the trial or the date
on which the young person must appear in the
trial court to have the date fixed.
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Coming into
force
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(2) Subsection (1) comes into force
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Bill C-3
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72. If Bill C-3, introduced in the 2nd
Session of the 36th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then sections
69 and 70 of this Act are repealed if section
198 of the other Act comes into force before
sections 69 and 70 of this Act come into
force.
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Bill S-10
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73. If Bill S-10, introduced in the 2nd
Session of the 36th Parliament and entitled
An Act to amend the National Defence Act,
the DNA Identification Act and the Criminal
Code (the ``other Act''), receives royal
assent, then
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