Bill C-5
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References to
the competent
minister
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(3) A reference to the competent minister in
this section includes a provincial or territorial
minister if the competent minister has
delegated responsibility for the enforcement
of this Act, the regulations or an emergency
order in the province or territory to the
provincial or territorial minister and the
offence is alleged to have been committed in
the province or territory.
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ALTERNATIVE MEASURES |
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When
alternative
measures may
be used
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108. (1) Alternative measures may be used
to deal with a person who is alleged to have
committed an offence, but only if it is not
inconsistent with the purposes of this Act to do
so and the following conditions are met:
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Restriction on
use
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(2) Alternative measures may not be used to
deal with a person who
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Admissions
not admissible
in evidence
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(3) No admission, confession or statement
accepting responsibility for a given act or
omission made by a person as a condition of
being dealt with by alternative measures is
admissible in evidence against the person in
any civil or criminal proceedings.
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Dismissal of
charge
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(4) A court must dismiss a charge laid
against a person in respect of an offence if
alternative measures have been used to deal
with the person in respect of the alleged
offence and
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No bar to
proceedings
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(5) The use of alternative measures in
respect of a person who is alleged to have
committed an offence is not a bar to any
proceedings against the person under this Act.
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Laying of
information,
etc.
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(6) This section does not prevent any person
from laying an information, obtaining the
issue or confirmation of any process, or
proceeding with the prosecution of any
offence, in accordance with law.
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Terms and
conditions in
agreement
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109. (1) An alternative measures agreement
may contain any terms and conditions,
including
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Supervision
of compliance
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(2) Any governmental organization may
supervise compliance with the agreement.
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Duration of
agreement
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110. An alternative measures agreement
comes into effect on the day on which it is
concluded or on any later day that is specified
in the agreement and continues in effect for a
period of not more than three years.
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Filing in court
for purpose of
public access
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111. (1) The Attorney General must consult
the competent minister before concluding an
alternative measures agreement and, subject
to subsection (5), must have the agreement
filed with the court in which the information
was laid within 30 days after the agreement is
concluded. The agreement is to be filed as part
of the court record of the proceedings to which
the public has access.
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Reports
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(2) A report relating to the administration
of, and compliance with, the agreement must
be filed with the same court by the Attorney
General immediately after all the terms and
conditions of the agreement have been
complied with or the charges in respect of
which the agreement was entered into have
been dismissed.
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Third party
information
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(3) Subject to subsection (4), if any of the
following information is to be part of the
agreement or the report, it must be set out in
a schedule to the agreement or to the report:
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Agreement on
information to
be in schedule
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(4) The parties to the agreement must agree
on which information that is to be part of the
agreement or the report is information that
meets the requirements of paragraphs (3)(a) to
(d).
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How schedule
is to be kept
secret
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(5) The schedule is confidential and must
not be filed with the court.
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Prohibition of
disclosure
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(6) The competent minister must not
disclose any information set out in a schedule
to the agreement or to the report, except as
authorized by section 117 or the Access to
Information Act.
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Stay of
proceedings
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112. (1) Despite section 579 of the Criminal
Code, the Attorney General must, on filing an
alternative measures agreement, stay the
proceedings in respect of the alleged offence,
or apply to the court for an adjournment of the
proceedings, for a period of not more than one
year after the expiry of the agreement.
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Recommence
ment of
proceedings
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(2) Proceedings stayed under subsection (1)
may be recommenced without laying a new
information or preferring a new indictment, as
the case may be, by the Attorney General
giving notice of the recommencement to the
clerk of the court in which the stay of the
proceedings was entered. If no such notice is
given within one year after the expiry of the
agreement, the proceedings are deemed to
have never been commenced.
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Application to
vary
agreement
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113. (1) Subject to subsections 111(2) and
(3), the Attorney General may vary the terms
and conditions of an alternative measures
agreement on application by the person bound
by the agreement and after consultation with
the competent minister. The Attorney General
must be of the opinion that the variation is
desirable because of a material change in the
circumstances since the agreement was
concluded or last varied. The variation may
include
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Filing varied
agreement
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(2) An agreement that has been varied must
be filed in accordance with section 111 with
the court in which the original agreement was
filed.
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Application of
provisions
dealing with
records
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114. Sections 115 to 117 apply only in
respect of persons who have entered into an
alternative measures agreement, regardless of
the degree of their compliance with the terms
and conditions of the agreement.
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Disclosure of
information
by peace
officer or
enforcement
officer
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115. Where it is necessary in the conduct of
an investigation of an offence, a peace officer
or enforcement officer may disclose to a
department or agency of a government in
Canada any information in a record relating to
an offence alleged to have been committed by
a person, including the original or a copy of
any fingerprints or photographs of the person.
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Government
records
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116. (1) The competent minister, any
enforcement officer and any department or
agency of a government in Canada with which
the competent minister has entered into an
agreement under section 10 may keep records
and use information obtained as a result of the
use of alternative measures to deal with a
person
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Private
records
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(2) Any person or organization may keep
records of information obtained by them as a
result of supervising compliance with an
alternative measures agreement and use the
information for the purpose of supervising
such compliance.
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Disclosure of
records
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117. (1) A record or information referred to
in section 115 or 116 may be made available
to
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Subsequent
disclosure for
research or
statistical
purposes
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(2) If a record is made available for
inspection to any person under paragraph
(1)(d) for research or statistical purposes, that
person may subsequently disclose
information contained in the record, but may
not disclose the information in any form that
would reasonably be expected to identify the
person to whom it relates.
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Information,
copies
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(3) A person to whom a record is authorized
to be made available under this section may be
given any information contained in the record
and may be given a copy of any part of the
record.
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Evidence
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(4) This section does not authorize the
introduction into evidence of any part of a
record that would not otherwise be admissible
in evidence.
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Exception for
public access
to court
record
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(5) For greater certainty, this section does
not apply in respect of an alternative measures
agreement, a varied alternative measures
agreement or a report that is filed with the
court in accordance with section 111.
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Information
exchange
agreements
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118. The competent minister may enter into
an agreement with a department or agency of
a government in Canada respecting the
exchange of information for the purpose of
administering alternative measures or
preparing a report in respect of a person's
compliance with an alternative measures
agreement.
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Regulations
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119. The competent minister may make
regulations respecting the alternative
measures that may be used for the purposes of
this Act including regulations respecting
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