Bill C-24
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SUMMARY |
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The enactment amends the Criminal Code by
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The enactment also amends the Mutual Legal Assistance in Criminal
Matters Act to allow the enforcement in Canada of search warrants,
restraint orders and orders of forfeiture from foreign jurisdictions.
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EXPLANATORY NOTES |
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Criminal Code |
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Clause 1: (1) to (4) The definitions ``criminal
organization'', ``criminal organization offence'' and
``offence-related property'' in section 2 read as follows:
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``criminal organization'' means any group, association or other body
consisting of five or more persons, whether formally or informally
organized,
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``criminal organization offence'' means
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``offence-related property'' means any property, within or outside
Canada,
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(5) and (6) New.
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Clause 2: New.
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Clause 3: Subsection 82(2) reads as follows:
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(2) Every person who, without lawful excuse, the proof of which lies
on the person, makes or has in the possession or under the care or control
of the person any explosive substance for the benefit of, at the direction
of or in association with a criminal organization is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen
years.
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Clause 4: The definition ``offence'' in section 183
reads as follows:
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``offence'' means an offence contrary to, any conspiracy or attempt to
commit or being an accessory after the fact in relation to an offence
contrary to, or any counselling in relation to an offence contrary to
section 47 (high treason), 51 (intimidating Parliament or a
legislature), 52 (sabotage), 57 (forgery, etc.), 61 (sedition), 76
(hijacking), 77 (endangering safety of aircraft or airport), 78
(offensive weapons, etc., on aircraft), 78.1 (offences against
maritime navigation or fixed platforms), 80 (breach of duty), 81
(using explosives), 82 (possessing explosive), 96 (possession of
weapon obtained by commission of offence), 99 (weapons
trafficking), 100 (possession for purpose of weapons trafficking),
102 (making automatic firearm), 103 (importing or exporting
knowing it is unauthorized), 104 (unauthorized importing or
exporting), 119 (bribery, etc.), 120 (bribery, etc.), 121 (fraud on
government), 122 (breach of trust), 123 (municipal corruption), 132
(perjury), 139 (obstructing justice), 144 (prison breach), 163.1 (child
pornography), 184 (unlawful interception), 191 (possession of
intercepting device), 235 (murder), 264.1 (uttering threats), 267
(assault with a weapon or causing bodily harm), 268 (aggravated
assault), 269 (unlawfully causing bodily harm), 271 (sexual
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assault), 272 (sexual assault with a weapon, threats to a third party or
causing bodily harm), 273 (aggravated sexual assault), 279
(kidnapping), 279.1 (hostage taking), 280 (abduction of person under
sixteen), 281 (abduction of person under fourteen), 282 (abduction in
contravention of custody order), 283 (abduction), 318 (advocating
genocide), 327 (possession of device to obtain telecommunication
facility or service), 334 (theft), 342 (theft, forgery, etc., of credit card),
342.1 (unauthorized use of computer), 342.2 (possession of device to
obtain computer service), 344 (robbery), 346 (extortion), 347 (criminal
interest rate), 348 (breaking and entering),354 (possession of property
obtained by crime), 356 (theft from mail), 367 (forgery), 368 (uttering
forged document), 372 (false messages), 380 (fraud), 381 (using mails
to defraud), 382 (fraudulent manipulation of stock exchange
transactions), 424 (threat to commit offences against internationally
protected person), 426 (secret commissions), 430 (mischief), 431
(attack on premises, residence or transport of internationally protected
person), 433 (arson), 434 (arson), 434.1 (arson), 435 (arson for
fraudulent purpose), 449 (making counterfeit money), 450 (possession,
etc., of counterfeit money), 452 (uttering, etc., counterfeit money),
462.31 (laundering proceeds of crime) or 467.1 (participation in
criminal organization), subsection 145(1) (escape, etc.), 201(1)
(keeping gaming or betting house), 210(1) (keeping common bawdy
house), 212(1) (procuring), 212(2) (procuring), 212(2.1) (aggravated
offence in relation to living on the avails of
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prostitution of a person under the age of eighteen years), 212(4)
(offence _ prostitution of person under eighteen) or 462.33(11) (acting
in contravention of restraint order), or paragraph 163(1)(a) (obscene
materials) or 202(1)(e) (pool-selling, etc.) of this Act, section 45
(conspiracy) of the Competition Act in relation to any of the matters
referred to in paragraphs 45(4)(a) to (d) of that Act, section 47
(bid-rigging) or subsection 52.1(3) (deceptive telemarketing) of that
Act, section 5 (trafficking), 6 (importing and exporting), 7 (production),
8 (possession of property obtained by designated substance offences)
or 9 (laundering proceeds of designated substance offences) of the
Controlled Drugs and Substances Act, section 153 (false statements),
159 (smuggling), 163.1 (possession of property obtained by smuggling,
etc.) or 163.2 (laundering proceeds of smuggling, etc.) of the Customs
Act, sections 94.1 and 94.2 (organizing entry into Canada), 94.4
(disembarking persons at sea) and 94.5 (counselling false statements)
of the Immigration Act, section 126.1 (possession of property obtained
by excise offences), 126.2 (laundering proceeds of excise offences),
158 (unlawful distillation of spirits) or 163 (unlawful selling of spirits)
or subsection 233(1) (unlawful packaging or stamping) or 240(1)
(unlawful possession or sale of manufactured tobacco or cigars) of the
Excise Act, section 198 (fraudulent bankruptcy) of the Bankruptcy and
Insolvency Act, section 3 (bribing a foreign public official), section 4
(possession of property) or section 5 (laundering proceeds of the
offence) of the Corruption of Foreign Public Officials Act, section 3
(spying) of the Official Secrets Act, section 13 (export or attempt to
export), 14 (import or attempt to import), 15 (diversion, etc.), 16 (no
transfer of permits), 17 (false information) or 18 (aiding and abetting)
of the Export and Import Permits Act, or any other offence created by
this Act for which an offender may be sentenced to imprisonment for
five years or more that there are reasonable grounds to believe is part of
a pattern of criminal activity planned and organized by a number of
persons acting in concert or any other offence created by this or any
other Act of Parliament for which an offender may be sentenced to
imprisonment for five years or more that there are reasonable grounds
to believe is committed for the benefit of, at the direction of or in
association with a criminal organization;
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Clause 5: Subsection 185(1.1) reads as follows:
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(1.1) Notwithstanding paragraph (1)(h), that paragraph does not
apply where the application for an authorization is in relation to
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Clause 6: Subsection 186(1.1) reads as follows:
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(1.1) Notwithstanding paragraph (1)(b), that paragraph does not
apply where the judge is satisfied that the application for an
authorization is in relation to
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Clause 7: Section 186.1 reads as follows:
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186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and
subsection 186(7), an authorization or any renewal of an authorization
may be valid for one or more periods specified in the authorization
exceeding sixty days, each not exceeding one year, where the
authorization is in relation to
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Clause 8: Subsection 196(5) reads as follows:
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(5) Notwithstanding subsections (3) and 185(3), where the judge to
whom an application referred to in subsection (2) or 185(2) is made, on
the basis of an affidavit submitted in support of the application, is
satisfied that the investigation is in relation to
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and is of the opinion that the interests of justice warrant the granting of
the application, the judge shall grant an extension, or a subsequent
extension, of the period, but no extension may exceed three years.
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Clause 9: (1) Subsection 231(6.1) reads as follows:
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(6.1) Irrespective of whether a murder is planned and deliberate on
the part of a person, murder is first degree murder when the death is
caused while committing or attempting to commit an offence under
section 81 for the benefit of, at the direction of or in association with a
criminal organization.
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(2) New.
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Clause 10: Subsection 423(1) reads as follows:
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423. (1) Every one who, wrongfully and without lawful authority, for
the purpose of compelling another person to abstain from doing
anything that he has a lawful right to do, or to do anything that he has
a lawful right to abstain from doing,
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is guilty of an offence punishable on summary conviction.
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Clause 11: New.
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Clause 12: (2) to (5) The definitions ``designated
substance offence'', ``enterprise crime offence'' and
``proceeds of crime'' in subsection 462.3(1) reads as
follows:
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``designated substance offence'' means
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``enterprise crime offence'' means
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``proceeds of crime'' means any property, benefit or advantage, within
or outside Canada, obtained or derived directly or indirectly as a
result of
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(6) and (7) New.
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Clause 13: Subsection 462.31(1) reads as follows:
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462.31 (1) Every one commits an offence who uses, transfers the
possession of, sends or delivers to any person or place, transports,
transmits, alters, disposes of or otherwise deals with, in any manner and
by any means, any property or any proceeds of any property with intent
to conceal or convert that property or those proceeds, knowing or
believing that all or a part of that property or of those proceeds was
obtained or derived directly or indirectly as a result of
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Clause 14: (1) Subsection 462.32(1) reads as follows:
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462.32 (1) Subject to subsection (3), where a judge, on application
of the Attorney General, is satisfied by information on oath in Form 1
that there are reasonable grounds to believe that there is in any building,
receptacle or place, within the province in which the judge has
jurisdiction or any other province, any property in respect of which an
order of forfeiture may be made under subsection 462.37(1) or
462.38(2), in respect of an enterprise crime offence alleged to have been
committed within the province in which the judge has jurisdiction, the
judge may issue a warrant authorizing a person named therein or a peace
officer to search the building, receptacle or place for that property and
to seize that property and any other property in respect of which that
person or peace officer believes, on reasonable grounds, that an order
of forfeiture may be made under that subsection.
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(2) New.
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Clause 15: (1) Subsection 462.33(3) reads as follows:
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(3) Where an application for a restraint order is made to a judge under
subsection (1), the judge may, if satisfied that there are reasonable
grounds to believe that there exists within the province in which the
judge has jurisdiction or any other province, any property in respect of
which an order of forfeiture may be made under subsection 462.37(1)
or 462.38(2), in respect of an enterprise crime offence alleged to have
been committed within the province in which the judge has jurisdiction,
make an order
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(2) Subsection 462.33(3.1) reads as follows:
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(3.1) Where the Attorney General of Canada so requests, a judge
appointing a person under subparagraph 462.33(3)(b)(i) shall appoint
the Minister of Public Works and Government Services.
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(3) Subsection 462.33(7) reads as follows:
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(7) Before making an order under subsection (3), a judge shall
require the Attorney General to give such undertakings as the judge
considers appropriate with respect to the payment of damages or costs,
or both, in relation to the making and execution of the order.
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Clause 16: New.
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Clause 17: (1) and (2) The relevant portion of
subsection 462.34(6) reads as follows:
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(6) An order under paragraph (4)(b) in respect of property may be
made by a judge if the judge is satisfied
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that a warrant should not have been issued pursuant to section 462.32
or a restraint order under subsection 462.33(3) should not have been
made in respect of that property, or
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(3) Subsection 462.34(7) reads as follows:
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(7) Section 354 of this Act and subsection 8(1) of the Controlled
Drugs and Substances Act do not apply to a person who comes into
possession of any property or thing that, pursuant to an order made
under paragraph (4)(c), was returned to any person after having been
seized or was excluded from the application of a restraint order made
under subsection 462.33(3).
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Clause 18: Section 462.36 reads as follows:
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462.36 Where a judge issues a warrant under section 462.32 or
makes a restraint order under section 462.33 in respect of any property,
the clerk of the court shall, when an accused is ordered to stand trial for
an enterprise crime offence, cause to be forwarded to the clerk of the
court to which the accused has been ordered to stand trial a copy of the
report filed pursuant to paragraph 462.32(4)(b) or of the restraint order
in respect of the property.
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Clause 19: Subsection 462.37(2.1) is new.
Subsections 462.37(1) and (2) read as follows:
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462.37 (1) Subject to this section and sections 462.39 to 462.41,
where an offender is convicted, or discharged under section 730, of an
enterprise crime offence and the court imposing sentence on the
offender, on application of the Attorney General, is satisfied, on a
balance of probabilities, that any property is proceeds of crime and that
the enterprise crime offence was committed in relation to that property,
the court shall order that the property be forfeited to Her Majesty to be
disposed of as the Attorney General directs or otherwise dealt with in
accordance with the law.
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(2) Where the evidence does not establish to the satisfaction of the
court that the enterprise crime offence of which the offender is
convicted, or discharged under section 730, was committed in relation
to property in respect of which an order of forfeiture would otherwise
be made under subsection (1) but the court is satisfied, beyond a
reasonable doubt, that that property is proceeds of crime, the court may
make an order of forfeiture under subsection (1) in relation to that
property.
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Clause 20: (1) Subsection 462.38(1) reads as follows:
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462.38 (1) Where an information has been laid in respect of an
enterprise crime offence, the Attorney General may make an
application to a judge for an order of forfeiture under subsection (2) in
respect of any property.
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(2) The relevant portion of subsection 462.38(2) reads
as follows:
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(2) Subject to sections 462.39 to 462.41, where an application is
made to a judge under subsection (1), the judge shall, if the judge is
satisfied that
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order that the property be forfeited to Her Majesty to be disposed of as
the Attorney General directs or otherwise dealt with in accordance with
the law.
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(3) New.
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(4) The relevant portion of subsection 462.38(3) reads
as follows:
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(3) For the purposes of this section, a person shall be deemed to have
absconded in connection with an enterprise crime offence if
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Clause 21: Section 462.39 reads as follows:
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462.39 For the purpose of subsection 462.37(1) or 462.38(2), the
court may infer that property was obtained or derived as a result of the
commission of an enterprise crime offence where evidence establishes
that the value, after the commission of that offence, of all the property
of the person alleged to have committed the offence exceeds the value
of all the property of that person before the commission of that offence
and the court is satisfied that the income of that person from sources
unrelated to enterprise crime offences or designated substance offences
committed by that person cannot reasonably account for such an
increase in value.
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Clause 22: (1) The relevant portion of subsection
462.41(2) reads as follows:
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(2) A notice given under subsection (1) shall
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(2) The relevant portion of subsection 462.41(3) reads
as follows:
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(3) Where a court is satisfied that any person, other than
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Clause 23: (1) The relevant portion of subsection
462.42(1) reads as follows:
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462.42 (1) Where any property is forfeited to Her Majesty under
subsection 462.37(1) or 462.38(2), any person who claims an interest
in the property, other than
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may, within thirty days after that forfeiture, apply by notice in writing
to a judge for an order under subsection (4).
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(2) Subsection 462.42(4) reads as follows:
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(4) Where, on the hearing of an application made under subsection
(1), the judge is satisfied that the applicant is not a person referred to in
paragraph (1)(a) or (b) and appears innocent of any complicity in any
enterprise crime offence or designated substance offence that resulted
in the forfeiture or of any collusion in relation to any such offence, the
judge may make an order declaring that the interest of the applicant is
not affected by the forfeiture and declaring the nature and extent of the
interest.
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Clause 24: New.
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Clause 25: Section 462.47 reads as follows:
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462.47 For greater certainty but subject to section 241 of the Income
Tax Act, a person is justified in disclosing to a peace officer or the
Attorney General any facts on the basis of which that person reasonably
suspects that any property is proceeds of crime or that any person has
committed or is about to commit an enterprise crime offence or a
designated substance offence.
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Clause 26: (1) Subsection 462.48(1.1) is new.
Subsection 462.48(1) reads as follows:
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462.48 (1) The Attorney General may, for the purposes of an
investigation in relation to
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make an application in accordance with subsection (2) for an order for
disclosure of information under subsection (3).
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(2) and (3) The relevant portion of subsection
462.48(2) reads as follows:
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(2) An application under subsection (1) shall be made ex parte in
writing to a judge and be accompanied by an affidavit sworn on the
information and belief of the Attorney General or a person specially
designated by the Attorney General for that purpose deposing to the
following matters, namely,
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(4) The relevant portion of subsection 462.48(3) reads
as follows:
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(3) Where the judge to whom an application under subsection (1) is
made is satisfied
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Clause 27: Sections 467.11 to 467.14 are new. Section
467.1 reads as follows:
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467.1 (1) Every one who
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(2) A sentence imposed on a person for an offence under subsection
(1) shall be served consecutively to any other punishment imposed on
the person for an offence arising out of the same event or series of events
and to any other sentence to which the person is subject at the time the
sentence is imposed on the person for an offence under subsection (1).
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Clause 28: Section 467.2 reads as follows:
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467.2 (1) Notwithstanding the definition of ``Attorney General'' in
section 2, the Attorney General of Canada may conduct proceedings in
respect of a criminal organization offence where the alleged offence
arises out of conduct that in whole or in part is in relation to an alleged
contravention of an Act of Parliament or a regulation made under such
an Act, other than this Act or a regulation made under this Act, and, for
that purpose, the Attorney General of Canada may exercise all the
powers and perform all the duties and functions assigned to the
Attorney General by or under this Act.
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(2) Subsection (1) does not affect the authority of the Attorney
General of a province to conduct proceedings in respect of an offence
referred to in subsection 467.1(1) or to exercise any of the powers or
perform any of the duties and functions assigned to the Attorney
General by or under this Act.
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Clause 29: (1) New.
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(2) Subsection 486(2.101) is new. Subsections
486(2.11) and (2.2) read as follows:
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(2.11) Where the judge or justice is of the opinion that it is necessary
for the complainant or witness to testify in order to determine whether
an order under subsection (2.1) should be made in respect of that
complainant or witness, the judge or justice shall order that the
complainant or witness testify pursuant to that subsection.
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(2.2) A complainant or witness shall not testify outside the court
room pursuant to subsection (2.1) or (2.11) unless arrangements are
made for the accused, the judge or justice and the jury to watch the
testimony of the complainant or other witness by means of
closed-circuit television or otherwise and the accused is permitted to
communicate with counsel while watching the testimony.
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(3) Subsection 486(4.1) reads as follows:
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(4.1) A judge or justice may, in any proceedings against an accused
other than in respect of an offence set out in subsection (3), make an
order directing that the identity of a victim or witness, or any
information that could disclose their identity, shall not be published in
any document or broadcast in any way, if the judge or justice is satisfied
that the order is necessary for the proper administration of justice.
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(4) The relevant portion of subsection 486(4.7) reads
as follows:
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(4.7) In determining whether to make an order under subsection
(4.1), the judge or justice shall consider
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(5) The relevant portion of subsection 486(4.9) reads
as follows:
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(4.9) Unless the presiding judge or justice refuses to make an order
under subsection (4.1), no person shall publish in any document or
broadcast in any way
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Clause 30: (1) The relevant portion of subsection
490.1(1) reads as follows:
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490.1 (1) Subject to sections 490.3 and 490.4, where a person is
convicted of a criminal organization offence and, on application of the
Attorney General, the court is satisfied, on a balance of probabilities,
that any property is offence-related property and that the offence was
committed in relation to that property, the court shall
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(2) Subsection 490.1(2.1) is new. Subsections
490.1(2) and (3) read as follows:
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(2) Where the evidence does not establish to the satisfaction of the
court that the criminal organization offence of which a person has been
convicted was committed in relation to property in respect of which an
order of forfeiture would otherwise be made under subsection (1) but
the court is satisfied, beyond a reasonable doubt, that the property is
offence-related property, the court may make an order of forfeiture
under subsection (1) in relation to that property.
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(3) A person who has been convicted of a criminal organization
offence or the Attorney General may appeal to the court of appeal from
an order or a failure to make an order under subsection (1) as if the
appeal were an appeal against the sentence imposed on the person in
respect of the offence.
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Clause 31: (1) Subsections 490.2(1) and (2) read as
follows:
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490.2 (1) Where an information has been laid in respect of a criminal
organization offence, the Attorney General may make an application to
a judge for an order of forfeiture under subsection (2).
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(2) Subject to sections 490.3 and 490.4, where an application is made
to a judge under subsection (1) and the judge is satisfied
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the judge shall order that the property be forfeited and disposed of in
accordance with subsection (4).
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(2) and (3) The relevant portion of subsection 490.2(3)
reads as follows:
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(3) For the purpose of subsection (2), an accused is deemed to have
absconded in connection with a criminal organization offence if
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(4) New.
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Clause 32: (1) The relevant portion of subsection
490.4(2) reads as follows:
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(2) A notice given under subsection (1) shall
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(2) The relevant portion of subsection 490.4(3) reads
as follows:
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(3) Where a court is satisfied that a person, other than
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is the lawful owner or is lawfully entitled to possession of any property
or a part of any property that would otherwise be forfeited pursuant to
an order made under subsection 490.1(1) or 490.2(2) and that the
person appears innocent of any complicity in an offence referred to in
paragraph (a) or of any collusion in relation to such an offence, the court
may order that the property or part be returned to the person.
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Clause 33: New.
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Clause 34: (1) The relevant portion of subsection
490.5(1) reads as follows:
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490.5 (1) Where any offence-related property is forfeited to Her
Majesty pursuant to an order made under subsection 490.1(1) or
490.2(2), any person who claims an interest in the property, other than
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may, within thirty days after the forfeiture, apply by notice in writing to
a judge for an order under subsection (4).
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(2) The relevant portion of subsection 490.5(4) reads
as follows:
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(4) Where, on the hearing of an application made under subsection
(1), the judge is satisfied that the applicant
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the judge may make an order declaring that the interest of the applicant
is not affected by the forfeiture and declaring the nature and the extent
or value of the interest.
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Clause 35: (1) The relevant portion of subsection
490.8(2) reads as follows:
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(2) An application made under subsection (1) for a restraint order in
respect of any offence-related property may be made ex parte and shall
be made in writing to a judge and be accompanied by an affidavit sworn
on the information and belief of the Attorney General or any other
person deposing to the following matters:
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(2) Subsection 490.8(3.1) is new. Subsection 490.8(3)
reads as follows:
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(3) Where an application for a restraint order is made to a judge under
subsection (1), the judge may, if satisfied that there are reasonable
grounds to believe that the property is offence-related property, make
a restraint order
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(3) The relevant portion of subsection 490.8(8) reads
as follows:
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(8) A restraint order made under this section remains in effect until
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Clause 36: New.
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Clause 37: (1) Paragraph 515(4.1)(b.1) is new. The
relevant portion of subsection 515(4.1) reads as follows:
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(4.1) When making an order under subsection (2), in the case of an
accused who is charged with
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the justice shall add to the order a condition prohibiting the accused
from possessing a firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all those things, until the accused is dealt with
according to law unless the justice considers that such a condition is not
required in the interests of the safety of the accused or the safety and
security of a victim of the offence or of any other person.
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(2) The relevant portion of subsection 515(4.2) reads
as follows:
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(4.2) Before making an order under subsection (2), in the case of an
accused who is charged with an offence described in section 264, or an
offence in the commission of which violence against a person was used,
threatened or attempted, the justice shall consider whether it is
desirable, in the interests of the safety and security of any person,
particularly a victim of or witness to the offence, to include as a
condition of the order
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(3) The relevant portion of subsection 515(6) reads as
follows:
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(6) Notwithstanding any provision of this section, where an accused
is charged
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the justice shall order that the accused be detained in custody until he
is dealt with according to law, unless the accused, having been given a
reasonable opportunity to do so, shows cause why his detention in
custody is not justified, but where the justice orders that the accused be
released, he shall include in the record a statement of his reasons for
making the order.
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Clause 38: Subsections 631(3.1) and (6) are new.
Subsections 631(3) to (5) read as follows:
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(3) Where
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the clerk of the court shall, in open court, draw out the cards referred to
in subsection (1), one after another, and shall call out the name and
number on each card as it is drawn, until the number of persons who
have answered to their names is, in the opinion of the judge, sufficient
to provide a full jury after allowing for orders to excuse, challenges and
directions to stand by.
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(4) The clerk of the court shall swear each member of the jury in the
order in which the names of the jurors were drawn and shall swear any
other person providing technical, personal, interpretative or other
support services to a juror with a physical disability.
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(5) Where the number of persons who answer to their names under
subsection (3) is not sufficient to provide a full jury, the clerk of the court
shall proceed in accordance with subsections (3) and (4) until twelve
jurors are sworn.
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Clause 39: The relevant portion of section 632 reads
as follows:
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632. The judge may, at any time before the commencement of a trial,
order that any juror be excused from jury service, whether or not the
juror has been called pursuant to subsection 631(3) or any challenge has
been made in relation to the juror, for reasons of
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Clause 40: Section 633 reads as follows:
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633. The judge may direct a juror whose name has been called
pursuant to subsection 631(3) to stand by for reasons of personal
hardship or any other reasonable cause.
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Clause 41: Section 641 reads as follows:
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641. (1) Where a full jury has 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 they
shall be sworn, unless excused by the judge or challenged by the
accused or the prosecutor.
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(2) Where, before a juror is sworn pursuant to subsection (1), other
jurors in the panel become available, the prosecutor may require the
names of those jurors to be put into and drawn from the box in
accordance with section 631, and those jurors shall be challenged,
directed to stand by, excused or sworn, as the case may be, before the
names of the jurors who were originally directed to stand by are called
again.
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Clause 42: Subsections 643(1) and (2) read as follows:
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643. (1) The twelve jurors whose names are drawn and who are
sworn in accordance with this Part shall be the jury to try the issues of
the indictment, and the names of the jurors so drawn and sworn shall be
kept apart until the jury gives its verdict or until it is discharged,
whereupon the names shall be returned to the box as often as occasion
arises, as long as an issue remains to be tried before a jury.
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(2) The court may try an issue with the same jury in whole or in part
that previously tried or was drawn to try another issue, without the jurors
being sworn again, but if the prosecutor or the accused objects to any
of the jurors or the court excuses any of the jurors, the court shall order
those persons to withdraw and shall direct that the required number of
names to make up a full jury be drawn and, subject to the provisions of
this Part relating to challenges, orders to excuse and directions to stand
by, the persons whose names are drawn shall be sworn.
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Clause 43: Subsection 645(5) reads as follows:
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(5) In any case to be tried with a jury, the judge before whom an
accused is or is to be tried has jurisdiction, before any juror on a panel
of jurors is called pursuant to subsection 631(3) and in the absence of
any such juror, to deal with any matter that would ordinarily or
necessarily be dealt with in the absence of the jury after it has been
sworn.
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Clause 44: The relevant portion of section 718.2 reads
as follows:
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718.2 A court that imposes a sentence shall also take into
consideration the following principles:
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shall be deemed to be aggravating circumstances;
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Clause 45: Subsection 743.6(1.2) is new. Subsection
743.6(1.1) reads as follows:
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(1.1) Notwithstanding subsection 120(1) of the Corrections and
Conditional Release Act, where an offender receives a sentence of
imprisonment of two years or more, including a sentence of
imprisonment for life imposed otherwise than as a minimum
punishment, on conviction for a criminal organization offence, the court
may order that the portion of the sentence that must be served before the
offender may be released on full parole is one half of the sentence or ten
years, whichever is less.
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Clause 46: (1) Subsection 810.01(1) reads as follows:
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810.01 (1) A person who fears on reasonable grounds that another
person will commit a criminal organization offence may, with the
consent of the Attorney General, lay an information before a provincial
court judge.
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(2) Subsection 810.01(3) reads as follows:
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(3) The provincial court judge before whom the parties appear may,
if satisfied by the evidence adduced that the informant has reasonable
grounds for the fear, order that the defendant enter into a recognizance
to keep the peace and be of good behaviour for any period that does not
exceed twelve months and to comply with any other reasonable
conditions prescribed in the recognizance, including the conditions set
out in subsection (5), that the provincial court judge considers desirable
for preventing the commission of a criminal organization offence.
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Controlled Drugs and Substances Act |
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Clause 47: The definition ``offence-related property''
in subsection 2(1) reads as follows:
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``offence-related property'' means any property, within or outside
Canada,
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but does not include a controlled substance or real property, other than
real property built or significantly modified for the purpose of
facilitating the commission of a designated substance offence;
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Clause 48: Sections 8 and 9 read as follows:
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8. (1) No person shall possess any property or any proceeds of any
property knowing that all or part of the property or proceeds was
obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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where the value of the property or the proceeds does not exceed one
thousand dollars.
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
the peace officer or person possesses property or the proceeds of
property mentioned in subsection (1) for the purposes of an
investigation or otherwise in the execution of the peace officer's duties.
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9. (1) No person shall use, transfer the possession of, send or deliver
to any person or place, transport, transmit, alter, dispose of or otherwise
deal with, in any manner and by any means, any property or any
proceeds of any property with intent to conceal or convert that property
or those proceeds and knowing or believing that all or a part of that
property or of those proceeds was obtained or derived directly or
indirectly as a result of
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relation to, or any counselling in relation to, an offence referred to in
paragraph (a) or an act or omission referred to in paragraph (b).
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under subsection (2) if the peace
officer or person does anything mentioned in subsection (1) for the
purposes of an investigation or otherwise in the execution of their
duties.
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Clause 49: (1) Subsections 14(3) and (4) read as
follows:
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(3) Where an application for a restraint order is made to a judge under
subsection (1), the judge may, if satisfied that there are reasonable
grounds to believe that the property is offence-related property, make
a restraint order
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(4) Where the Attorney General so requests, a judge appointing a
person under subparagraph (3)(b)(i) shall appoint the Minister of Public
Works and Government Services.
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(2) The relevant portion of subsection 14(9) reads as
follows:
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(9) A restraint order made under this section remains in effect until
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Clause 50: New.
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Clause 51: (1) The relevant portion of subsection
16(1) reads as follows:
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16. (1) Subject to sections 18 and 19, where a person is convicted of
a designated substance offence and, on application of the Attorney
General, the court is satisfied, on a balance of probabilities, that any
property is offence-related property and that the offence was committed
in relation to that property, the court shall
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(2) Subsection 16(2.1) is new. Subsection 16(2) reads
as follows:
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(2) Where the evidence does not establish to the satisfaction of the
court that the designated substance offence of which a person has been
convicted was committed in relation to property in respect of which an
order of forfeiture would otherwise be made under subsection (1) but
the court is satisfied, beyond a reasonable doubt, that that property is
offence-related property, the court may make an order of forfeiture
under subsection (1) in relation to that property.
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Clause 52: (1) The relevant portion of subsection
17(2) reads as follows:
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(2) Subject to sections 18 and 19, where an application is made to a
judge under subsection (1) and the judge is satisfied
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(2) New.
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Clause 53: New.
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Clause 54: Section 23 and the heading before it read
as follows:
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Forfeiture of Proceeds of Crime |
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23. (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code
apply, with such modifications as the circumstances require, in respect
of proceedings for a designated substance offence.
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(2) For the purposes of subsection (1),
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Clause 55: New.
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Clause 56: Section 61 reads as follows:
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61. Any reference in a designation by the Solicitor General of
Canada under Part VI of the Criminal Code to an offence contrary to
the Narcotic Control Act or Part III or IV of the Food and Drugs Act or
any conspiracy or attempt to commit or being an accessory after the fact
or any counselling in relation to such an offence shall be deemed to be
a reference to an offence contrary to section 5 (trafficking), 6 (importing
and exporting), 7 (production), 8 (possession of property obtained by
certain offences) or 9 (laundering proceeds of certain offences) of this
Act, as the case may be, or a conspiracy or attempt to commit or being
an accessory after the fact or any counselling in relation to such an
offence.
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Clause 57: The relevant portion of section 3 of
Schedule II reads as follows:
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3. An offence under any of the following provisions of the
Controlled Drugs and Substances Act that was prosecuted by way of
indictment:
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Corruption of Foreign Public Officials Act |
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Clause 58: Sections 4 to 7 read as follows:
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4. (1) Every person commits an offence who possesses any property
or any proceeds of any property knowing that all or any part of the
property or of those proceeds was obtained or derived directly or
indirectly as a result of
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(2) Every person who contravenes subsection (1)
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5. (1) Every person commits an offence who uses, transfers the
possession of, sends or delivers to any person or place, transports,
transmits, alters, disposes of or otherwise deals with, in any manner and
by any means, any property or any proceeds of any property with intent
to conceal or convert that property or those proceeds and knowing or
believing that all or part of that property or of those proceeds was
obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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6. A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under section 4 or 5 if the peace officer
or person does any thing mentioned in either of those sections for the
purposes of an investigation or otherwise in the execution of the peace
officer's duties.
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7. Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply,
with any modifications that the circumstances require, in respect of
proceedings for an offence under any of sections 3 to 5.
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Crimes Against Humanity and War Crimes Act |
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Clause 59: Subsection 9(3) reads as follows:
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(3) No proceedings for an offence under any of sections 4 to 7, 27 and
28 may be commenced without the personal consent in writing of the
Attorney General or Deputy Attorney General of Canada, and those
proceedings may be conducted only by the Attorney General of Canada
or counsel acting on their behalf.
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Clause 60: The heading before section 27 and sections
27 to 29 read as follows:
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PROCEEDS OF CRIME |
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27. (1) No person shall possess any property or any proceeds of
property knowing that all or part of the property or proceeds was
obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
they possess property or the proceeds of property mentioned in
subsection (1) for the purpose of an investigation or otherwise in the
execution of the peace officer's duties.
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28. (1) No person shall use, transfer the possession of, send or deliver
to any person or place, transport, transmit, alter, dispose of or otherwise
deal with, in any manner or by any means, any property or any proceeds
of property with intent to conceal or convert the property or proceeds
and knowing or believing that all or part of the property or proceeds was
obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
they do any of the things mentioned in subsection (1) for the purpose of
an investigation or otherwise in the execution of the peace officer's
duties.
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29. (1) The definitions ``judge'' and ``proceeds of crime'' in section
462.3 of the Criminal Code, and sections 462.32 to 462.5 of that Act,
apply with any modifications that the circumstances require in respect
of proceedings for an offence under this Act.
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(2) For the purpose of subsection (1), the references in sections
462.32 to 462.47 of the Criminal Code to an enterprise crime offence
are deemed to include references to offences under this Act.
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Clause 61: Section 31 reads as follows:
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31. The Minister of Public Works and Government Services shall
pay into the Crimes Against Humanity Fund
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Customs Act |
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Clause 62: The heading before section 163.1 and
sections 163.1 to 163.3 read as follows:
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Proceeds of Crime |
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163.1 (1) No person shall possess any property or any proceeds of
any property knowing that all or any part of the property or of those
proceeds was obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
the peace officer or person possesses property or the proceeds of
property mentioned in subsection (1) for the purposes of an
investigation or otherwise in the execution of the peace officer's duties.
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163.2 (1) No person shall use, transfer the possession of, send or
deliver to any person or place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any means, any property or
any proceeds of any property with intent to conceal or convert that
property or those proceeds and knowing or believing that all or part of
that property or those proceeds was obtained or derived directly or
indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
the peace officer or person does any of the things mentioned in
subsection (1) for the purposes of an investigation or otherwise in the
execution of the peace officer's duties.
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163.3 (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code
apply, with such modifications as the circumstances require, in respect
of proceedings for an offence contrary to section 153 or under section
159, in relation to spirits or tobacco products, or under section 163.1 or
163.2.
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(2) For the purposes of subsection (1), the references in sections
462.37 and 462.38 and subsection 462.41(2) of the Criminal Code to an
enterprise crime offence shall be deemed to include references to the
offences referred to in subsection (1).
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Excise Act |
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Clause 63: Section 2.1 reads as follows:
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2.1 For the purposes of sections 126.1 and 126.2, subsections 225(1)
and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where
one of two or more persons, with the knowledge and consent of the rest,
has anything in the person's possession, it shall be deemed to be in the
custody and possession of each and all of them.
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Clause 64: The heading before section 126.1 and
sections 126.1 to 126.3 read as follows:
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Proceeds of Crime |
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126.1 (1) No person shall possess any property or any proceeds of
any property knowing that all or any part of the property or of those
proceeds was obtained or derived directly or indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
the peace officer or person possesses property or the proceeds of
property mentioned in subsection (1) for the purposes of an
investigation or otherwise in the execution of the peace officer's duties.
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126.2 (1) No person shall use, transfer the possession of, send or
deliver to any person or place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any means, any property or
any proceeds of any property with intent to conceal or convert that
property or those proceeds and knowing or believing that all or part of
that property or those proceeds was obtained or derived directly or
indirectly as a result of
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(2) Every person who contravenes subsection (1)
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(3) A peace officer or a person acting under the direction of a peace
officer is not guilty of an offence under this section by reason only that
the peace officer or person does any of the things mentioned in
subsection (1) for the purposes of an investigation or otherwise in the
execution of the peace officer's duties.
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126.3 (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code
apply, with such modifications as the circumstances require, in respect
of proceedings for an offence under section 126.1 or 126.2 or
subsection 233(1) or 240(1).
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(2) For the purposes of subsection (1), the references in sections
462.37 and 462.38 and subsection 462.41(2) of the Criminal Code to an
enterprise crime offence shall be deemed to include references to the
offences referred to in subsection (1).
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Mutual Legal Assistance in Criminal Matters Act |
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Clause 65: New.
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Clause 66: (1) Paragraph 18(2)(d) is new. The relevant
portion of subsection 18(2) reads as follows:
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(2) An order made under subsection (1) must provide for the manner
in which the evidence is to be obtained in order to give effect to the
request mentioned in subsection 17(1) and may
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(2) Subsection 18(3) reads as follows:
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(3) For greater certainty, a judge who makes an order under
subsection (1) may designate himself or another person, including
another judge, pursuant to paragraph (2)(c).
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(3) Subsection 18(7) reads as follows:
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(7) A person named in an order made under subsection (1) shall
answer questions and produce records or things to the person
designated under paragraph (2)(c) in accordance with the laws of
evidence and procedure in the state or entity that presented the request,
but may refuse if answering the questions or producing the records or
things would disclose information that is protected by the Canadian law
of non-disclosure of information or privilege.
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National Defence Act |
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Clause 67: (1) and (2) The definitions ``criminal
organization'' and ``criminal organization offence'' in
subsection 2(1) read as follows:
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``criminal organization'' means any group, association or other body
consisting of five or more persons, whether formally or informally
organized,
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``criminal organization offence'' means
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(3) and (4) New.
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Clause 68: Subsection 140.4(3) reads as follows:
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(3) Notwithstanding subsection 120(1) of the Corrections and
Conditional Release Act, where a person receives a sentence of
imprisonment for life that is imposed otherwise than as a minimum
punishment or a sentence of imprisonment for two years or more on
conviction under this Act for a criminal organization offence, the court
martial may order that the portion of the sentence that must be served
before the person may be released on full parole is one half of the
sentence or ten years, whichever is less.
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Proceeds of Crime (money laundering) Act |
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Clause 69: Section 2 reads as follows:
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2. The object of this Act is to establish record-keeping requirements
in the financial field in order to facilitate the investigation and
prosecution of offences under subsection 462.31(1) of the Criminal
Code and subsection 9(1) of the Controlled Drugs and Substances Act.
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Proceeds of Crime (Money Laundering) Act |
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Clause 70: The definition ``money laundering
offence'' in section 2 reads as follows:
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``money laundering offence'' means an offence under subsection
462.31(1) of the Criminal Code, section 9 of the Controlled Drugs
and Substances Act, section 126.2 of the Excise Act, section 163.2 of
the Customs Act or section 5 of the Corruption of Foreign Public
Officials Act.
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Clause 71: Subsection 18(2) reads as follows:
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(2) The officer shall, on payment of a penalty in the prescribed
amount, return the seized currency or monetary instruments to the
person from whom they were seized or to the lawful owner unless the
officer has reasonable grounds to suspect that the currency or monetary
instruments are proceeds of crime within the meaning of section 462.3
of the Criminal Code.
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Clause 72: The definition ``judge'' in subsection
60(17) reads as follows:
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``judge'' means a provincial court judge as defined in section 2 of the
Criminal Code or a judge as defined in section 462.3 of that Act.
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Seized Property Management Act |
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Clause 73: (1) to (4) The definitions ``designated
substance offence'', ``enterprise crime offence'',
``proceeds of crime'', ``restrained property'' and
``seized property'' in section 2 read as follows:
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``designated substance offence'' has the meaning given that expression
by section 462.3 of the Criminal Code;
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``enterprise crime offence'' has the meaning given that expression by
section 462.3 of the Criminal Code;
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``proceeds of crime'' has the meaning given that expression by section
462.3 of the Criminal Code;
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``restrained property'' means any property that is the subject of a
restraint order made under section 462.33 of the Criminal Code;
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``seized property'' means any property seized under the authority of any
Act of Parliament or pursuant to any warrant or any rule of law in
connection with any designated substance offence or enterprise
crime offence;
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(5) New.
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Clause 74: (1) and (2) The relevant portion of section
3 reads as follows:
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3. The purposes of this Act are
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Clause 75: The relevant portion of subsection 4(1)
reads as follows:
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4. (1) On taking possession or control thereof, the Minister shall be
responsible for the custody and management of all property that is
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Clause 76: Subsection 5(1) reads as follows:
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5. (1) Every person who executes a warrant under section 462.32 of
the Criminal Code that was applied for by the Attorney General shall,
as soon as practicable after the execution of the warrant, transfer the
control of all property seized thereunder to the Minister, except for that
property or that part thereof that is needed as evidence or necessary for
the purposes of an investigation.
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Clause 77: Subsections 7(2.1) to (2.4) are new.
Subsection 7(2) reads as follows:
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(2) The powers of the Minister in respect of any seized property that
is the subject of a management order shall be deemed to include the
power, in the case of perishable or rapidly depreciating property, to
make an interlocutory sale of the property.
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Clause 78: The relevant portion of section 9 reads as
follows:
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9. In carrying out the purposes of this Act, the Minister may
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Clause 79: The relevant portion of section 11 reads as
follows:
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11. The Attorney General may, with the approval of the Governor in
Council and in accordance with the regulations, enter into an agreement
with the government of any foreign state respecting the reciprocal
sharing of
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where law enforcement agencies of that foreign state, or of Canada, as
the case may be, have participated in the investigation of the offence or
offences that led to the forfeiture of the property or the imposition of the
fine.
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