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Bill C-20

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    (b) any evidence taken, information given or submissions made at a hearing under subsection (6 ); or

    (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

Offence

486.6 (1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) , is guilty of an offence punishable on summary conviction.

Application of order

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order.

R.S., c. 27 (1st Supp.), s. 69

16. (1) The portion of subsection 487.2(1) of the Act before paragraph (a) is replaced by the following:

Restriction on publicity

487.2 Where a search warrant is issued under section 487 or 487.1 or a search is made under such a warrant, every one who publishes in any document , or broadcasts or transmits in any way , any information with respect to

R.S., c. 27 (1st Supp.), s. 69

(2) Subsection 487.2(2) of the Act is repealed.

17. (1) The portion of subsection 517(1) of the Act before paragraph (a) is replaced by the following:

Order directing matters not to be published for specified period

517. (1) Where the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document or broadcast or transmitted in any way before such time as

(2) Subsection 517(3) of the Act is repealed.

R.S., c. 27 (1st Supp.), s. 97

18. (1) The portion of subsection 539(1) of the Act after paragraph (b) is replaced by the following:

make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

    (c) he or she is discharged, or

    (d) if he or she is ordered to stand trial, the trial is ended.

(2) Subsection 539(4) of the Act is repealed.

19. (1) The portion of subsection 542(2) of the Act before paragraph (a) is replaced by the following:

Restriction of publication of reports of preliminary inquiry

(2) Every one who publishes in any document , or broadcasts or transmits in any way , a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless

(2) Subsection 542(3) of the Act is repealed.

2001, c. 32, s. 38

20. Subsection 631(6) of the Act is replaced by the following:

Ban on publication, etc.

(6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

21. (1) Subsection 648(1) of the Act is replaced by the following:

Restriction on publication

648. (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

(2) Subsection 648(3) of the Act is repealed.

1991, c. 43, s. 4

22. The portion of subsection 672.51(11) of the Act before paragraph (a) is replaced by the following:

Prohibition on publication

(11) No person shall publish in any document or broadcast or transmit in any way

R.S., c. 19 (3rd Supp.), s. 16; 1997, c. 16, ss. 7 and 8; 1998, c. 9, s. 8

23. The heading before section 715.1 and sections 715.1 and 715.2 of the Act are replaced by the following:

Video-recorded Evidence

Evidence of victim or witness under 18

715.1 (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

Order prohibiting use

(2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

Evidence of victim or witness who has a disability

715.2 (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

Order prohibiting use

(2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

1995, c. 22, s. 6; 2000, c. 12, para. 95(c)

24. Subparagraph 718.2(a)(ii) of the Act is replaced by the following:

      (ii) evidence that the offender, in committing the offence, abused the offender's spouse or common-law partner,

      (ii.1) evidence that the offender, in committing the offence, abused a child,

R.S., c. C-5

CANADA EVIDENCE ACT

R.S., c. 19 (3rd Supp.), s. 18

25. The portion of subsection 16(1) of the Canada Evidence Act before paragraph (a) is replaced by the following:

Witness whose capacity is in question

16. (1) Where a proposed witness is a person whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine

26. The Act is amended by adding the following after section 16:

Witness under fourteen years of age

16.1 (1) A witness under fourteen years of age is presumed to have the capacity to testify.

Evidence shall be received

(2) Despite any provision of any Act requiring an oath or solemn affirmation, the evidence of a witness under fourteen years of age shall be received if the witness is able to understand and respond to questions.

Burden as to capacity of witness

(3) A party who challenges the capacity of a proposed witness under fourteen years of age has the burden of satisfying the court that the proposed witness is unable to understand and respond to questions.

COORDINATING AMENDMENT

Bill C-17

27. If Bill C-17, introduced in the 2nd Session of the 37th Parliament and entitled the Public Safety Act, 2002 (the ``other Act''), receives royal assent and section 10 of this Act comes into force before the coming into force of any provision of the definition ``offence'' in section 183 of the Criminal Code, as enacted by section 108 of the other Act, then, on the later of that assent and the coming into force of that section 10, paragraph (a) of the definition ``offence'' in section 183 of the Criminal Code, as enacted by that section 108, is amended by adding the following after subparagraph (xxvii):

        (xxvii.1) section 162 (voyeurism),

COMING INTO FORCE

Coming into force

28. The provisions of this Act, other than section 27, come into force on a day or days to be fixed by order of the Governor in Council.