Bill C-36

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First Reading

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	Remote Appearance by Incarcerated Accused
Condition for remote appearance	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.
	Forms
Forms	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.
Seal not required	(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.
Official languages	(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.
1997, c. 39, s. 3	66. Paragraph (b) of Form 7.1 of Part XXVIII of the Act is replaced by the following:
	(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 of the Criminal Code; or
	AMENDMENTS TO OTHER ACTS
R.S., c. N-4	National Capital Act
	67. *Subsection 20(2) of the National Capital Act* is replaced by the following:**
Punishment	(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 .
R.S., c. N-5	National Defence Act
	68. *The National Defence Act* is amended by adding the following after section 196.1:**
	DIVISION 6.1
	IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS
Definitions	196.2 The definitions in this section apply in this Division.
``designa- ted offence'' « infraction désignée »	``designated offence'' means an offence under any of the following provisions of this Act:
	(a) paragraphs 75(a) to (d) (offences related to security);
	(b) paragraphs 77(a) and (d) to (i) (offences related to operations);
	(c) section 78 (spying for the enemy);
	(d) section 79 (mutiny with violence);
	(e) section 80 (mutiny without violence);
	(f) paragraphs 81(a) and (b) (offences related to mutiny);
	(g) section 84 (striking or offering violence to a superior officer);
	(h) paragraphs 87(a) to (c) (resisting arrest or custody);
	(i) section 95 (abuse of subordinates);
	(j) section 100 (setting free without authority or allowing or assisting escape);
	(k) section 101 (escape from custody);
	(l) section 101.1 (failure to comply with conditions);
	(m) section 102 (hindering arrest or confinement or withholding assistance);
	(n) paragraphs 111(1)(a) and (b) (improper driving of vehicles);
	(o) section 113 (causing fires);
	(p) section 114 (stealing);
	(q) section 115 (receiving);
	(r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;
	(s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;
	(t) section 118 (offences in relation to tribunals);
	(u) section 118.1 (failure to appear or attend);
	(v) section 119 (false evidence);
	(w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm;
	(x) section 127 (negligent handling of dangerous substances);
	(y) section 128 (conspiracy); or
	(z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.
``peace officer'' « agent de la paix »	``peace officer'' means
	(a) a police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; or
	(b) an officer or a non-commissioned member of the Canadian Forces who is appointed for the purpose of section 156 or employed on duties that the Governor in Council has prescribed in the regulations to be of such a kind as to necessitate that the officer or non-commissioned member performing them has the powers of a peace officer.


Fingerprints and photographs	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.
Use of force	(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).
Publication	(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.
No liability for acting under this Division	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).
Destruction of fingerprints, photographs, etc.	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
	(a) if the person is tried by summary trial in respect of that charge; or
	(b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.
R.S., c. Y-1	Young Offenders Act
1995, c. 19, s. 12(2)	69. *Subsection 19(5.1) of the Young Offenders Act* is replaced by the following:**
Preliminary inquiry	(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.
1999, c. 3, s. 88	70. (1) Paragraph 19.1(4)(a) of the Act is replaced by the following:
	(a) to be tried by a judge of the Nunavut Court of Justice, acting as a youth court, with a jury , or



1999, c. 3, s. 88	(2) Subsection 19.1(6) of the Act is replaced by the following:
Preliminary inquiry - Nunavut	(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.
	COORDINATING AMENDMENTS
Bill C-3	*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**
	(a) paragraph 32(3)(c) of the other Act is replaced by the following:
	(c) explain that the young person may plead guilty or not guilty to the charge or, if the young person is liable to an adult sentence, that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to be tried by a judge without a jury, or by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor.
	(b) subsections 67(1) and (2) of the other Act are replaced by the following:
Election - adult sentence	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:
	You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election - Nunavut	(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:
	You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
	(c) paragraph 67(3)(b) of the other Act is replaced by the following:
	(b) if the judge declines to do so, shall hold a preliminary inquiry, if requested to do so by one of the parties, unless a preliminary inquiry has been held prior to the election, re-election or deemed election.
	(d) subsection 67(5) of the other Act is replaced by the following:
Preliminary inquiry	(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
	(a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or
	(b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.
Preliminary inquiry if two or more accused	(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.
When no request for preliminary inquiry	(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.
Coming into force	(2) Subsection (1) comes into force
	(a) in the case of paragraph (a), on the later of the coming into force of this section and section 32 of the other Act; and
	(b) in the case of paragraphs (b) to (d), on the later of the coming into force of this section and section 67 of the other Act.
Bill C-3	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.
Bill S-10	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
	(a) if section 68 of this Act comes into force before section 1 of the other Act comes into force, on the coming into force of section 1 of the other Act, the heading before section 196.2 and sections 196.2 to 196.5 of the National Defence Act, as enacted by section 68 of this Act, are repealed and the National Defence Act is amended by adding the following after section 196.25, as enacted by section 1 of the other Act: