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Bill C-15

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(2) Section 634 of the Act is amended by adding the following after subsection (2):

If alternate jurors

(2.1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror.

1992, c. 41, s. 3

65. Subsection 641(1) of the Act is replaced by the following:

Calling jurors who have stood by

641. (1) If a full jury and any alternate jurors have 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 the jurors necessary to make a full jury and any alternate jurors shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

66. Subsection 642(1) of the Act is replaced by the following:

Summoning other jurors when panel exhausted

642. (1) If a full jury and any alternate jurors considered advisable 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 to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors .

67. The Act is amended by adding the following after section 642:

Substitution of alternate jurors

642.1 (1) Alternate jurors shall attend at the commencement of the trial and, if there is not a full jury present, alternate jurors shall be substituted, in the order in which their names were drawn under subsection 631(3), until there are twelve jurors.

Excusing of alternate jurors

(2) An alternate juror who is not required as a substitute shall be excused.

1992, c. 41, s. 5

68. Subsection 643(1) of the Act is replaced by the following:

Who shall be jury

643. (1) The twelve jurors who are sworn in accordance with this Part and present at the commencement of the trial shall be the jury to try the issues of the indictment.

Names of jurors

(1.1) The name of each juror, including alternate jurors , who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

69. Section 646 of the Act is replaced by the following:

Taking evidence

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, other than subsections 540(7) to (9) , relating to the taking of evidence at preliminary inquiries.

1994, c. 44, s. 61

70. Subsection 650(1) of the Act is replaced by the following:

Accused to be present

650. (1) Subject to subsections (1.1) to (2) and section 650.01 , an accused, other than a corporation, shall be present in court during the whole of his or her trial.

71. The Act is amended by adding the following after section 650:

Designation of counsel of record

650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

Contents of designation

(2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

Effect of designation

(3) If a designation is filed,

    (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

      (i) a part during which oral evidence of a witness is taken,

      (ii) a part during which jurors are being selected, and

      (iii) an application for a writ of habeas corpus;

    (b) an appearance by the designated counsel is equivalent to the accused's being present, unless the court orders otherwise; and

    (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

When court orders presence of accused

(4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

    (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

    (b) issue a warrant to compel the presence of the accused.

Technolo-
gical appearance

650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously.

72. Section 657.3 of the Act is amended by adding the following after subsection (2):

Notice for expert testimony

(3) For the purpose of promoting the fair, orderly and efficient presentation of the testimony of witnesses,

    (a) a party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so, accompanied by

      (i) the name of the proposed witness,

      (ii) a description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise, and

      (iii) a statement of the qualifications of the proposed witness as an expert;

    (b) in addition to complying with paragraph (a), a prosecutor who intends to call a person as an expert witness shall, within a reasonable period before trial, provide to the other party or parties

      (i) a copy of the report, if any, prepared by the proposed witness for the case, and

      (ii) if no report is prepared, a summary of the opinion anticipated to be given by the proposed witness and the grounds on which it is based; and

    (c) in addition to complying with paragraph (a), an accused, or his or her counsel, who intends to call a person as an expert witness shall, not later than the close of the case for the prosecution, provide to the other party or parties the material referred to in paragraph (b).

If notices not given

(4) If a party calls a person as an expert witness without complying with subsection (3), the court shall, at the request of any other party,

    (a) grant an adjournment of the proceedings to the party who requests it to allow him or her to prepare for cross-examination of the expert witness;

    (b) order the party who called the expert witness to provide that other party and any other party with the material referred to in paragraph (3)(b); and

    (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness's testimony, unless the court considers it inappropriate to do so.

Additional court orders

(5) If, in the opinion of the court, a party who has received the notice and material referred to in subsection (3) has not been able to prepare for the evidence of the proposed witness, the court may do one or more of the following:

    (a) adjourn the proceedings;

    (b) order that further particulars be given of the evidence of the proposed witness; and

    (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness's testimony.

Use of material by prosecution

(6) If the proposed witness does not testify, the prosecutor may not produce material provided to him or her under paragraph (3)(c) in evidence without the consent of the accused.

No further disclosure

(7) Unless otherwise ordered by a court, information disclosed under this section in relation to a proceeding may only be used for the purpose of that proceeding.

73. Paragraph (b) of the definition ``sentence'' in section 673 of the Act is replaced by the following:

      (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) , 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 747.1,

1995, c. 42, s. 73

74. Subsection 675(2.1) of the Act is replaced by the following:

Appeal against section 743.6 order

(2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

1995, c. 42, s. 74

75. Subsection 676(5) of the Act is replaced by the following:

Appeal against decision not to make section 743.6 order

(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 743.6 .

1997, c. 18, s. 95

76. Subsection 679(7) of the Act is replaced by the following:

Release or detention pending hearing of reference

(7) If , with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3 , 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).

77. Section 683 of the Act is amended by adding the following after subsection (2):

Virtual presence of parties

(2.1) In proceedings under this section, the court of appeal may order that the presence of a party may be by any technological means satisfactory to the court that permits the court and the other party or parties to communicate simultaneously.

Virtual presence of witnesses

(2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

78. Section 688 of the Act is amended by adding the following after subsection (2):

Manner of appearance

(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

    (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and

    (b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.

R.S., c. 42 (4th Supp.), s. 5; 1995, c. 22, s. 10 (Sch. I, item 30)

79. The portion of subsection 689(1) of the Act before paragraph (a) is replaced by the following:

Restitution or forfeiture of property

689. (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1), the operation of the order is suspended

1997, c. 17, s. 4

80. Section 690 of the Act and the heading before it are repealed.

81. The Act is amended by adding the following after section 696:

PART XXI.1

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