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Bill C-15

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R.S., c. N-4

NATIONAL CAPITAL ACT

145. 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

146. The National Defence Act is amended by adding the following after section 196.25:

DIVISION 6.2

IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS

Meaning of ``designated offence''

196.26 In this Division, ``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.

Fingerprints and photographs

196.27 (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 within the meaning of Division 6.1 and others engaged in the execution or administration of the law.

No liability for acting under this Division

196.28 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 196.27(3).

Destruction of fingerprints, photographs, etc.

196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(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)

147. 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

148. (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-7

149. (1) If Bill C-7, introduced in the 1st session of the 37th 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 subsection 67(1) (election of court for trial - adult sentence) or (3) (election of court for trial in Nunavut - adult sentence) applies, explain 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 have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried 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) subsection 67(2) of the other Act is replaced by the following:

Wording of election

(2) The youth justice court shall 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?

    (c) subsection 67(4) of the other Act is replaced by the following:

Wording of election

(4) The youth justice court shall 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?

    (d) paragraph 67(5)(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.

    (e) subsection 67(7) of the other Act is replaced by the following:

Preliminary inquiry

(7) 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 155 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

(7.1) 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 (7), a preliminary inquiry must be held with respect to all of them.

When no request for preliminary inquiry

(7.2) If no request for a preliminary inquiry is made under subsection (7), 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 section 35 of this Act and section 32 of the other Act; and

    (b) in the case of paragraphs (b) to (e), on the later of the coming into force of section 35 of this Act and section 67 of the other Act.

Bill C-7

150. If Bill C-7, introduced in the 1st session of the 37th Parliament and entitled the Youth Criminal Justice Act (the ``other Act''), receives royal assent, then the heading before section 147 and sections 147 and 148 of this Act are repealed if section 199 of the other Act comes into force before sections 147 and 148 of this Act come into force.

COMING INTO FORCE

Coming into force

151. The provisions of this Act, other than sections 149 and 150, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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