Bill C-32

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	SUMMARY
	This enactment amends the Criminal Code by
	(a) establishing more serious offences for placing, or knowingly permitting to remain in a place, a trap, device or other thing that is likely to cause death or bodily harm to a person;
	(b) permitting the use of as much force as is reasonably necessary on board an aircraft to prevent the commission of an offence that would be likely to cause immediate and serious injury to the aircraft or to any person or property in the aircraft;
	(c) modifying the provision dealing with the provision of information on oath in relation to weapons; and
	(d) creating an exemption to the offence of intercepting private communications in order to protect computer systems.
	It amends the Financial Administration Act in order to authorize the federal government to take necessary measures to protect its computer systems.
	It also amends the Youth Criminal Justice Act, the Canada Evidence Act, the Security of Information Act and the Criminal Code in order to make technical corrections, especially in relation to equivalence between the two official language versions.
	EXPLANATORY NOTES
	Criminal Code
	Clause 1: The relevant portion of subsection 7(8) reads as follows:
	(8) For the purposes of this section, of the definition ``peace officer'' in section 2 and of sections 76 and 77, ``flight'' means the act of flying or moving through the air and an aircraft shall be deemed to be in flight from the time when all external doors are closed following embarkation until the later of
	Clause 2: New.
	Clause 3: Subsection 117.04(1) reads as follows:
	117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied that there are reasonable grounds to believe that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
	Clause 4: (1) New. The relevant portion of subsection 184(2) reads as follows:
	(2) Subsection (1) does not apply to
	(2) New.
	Clause 5: The relevant portion of subsection 193(2) reads as follows:
	(2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication
	. . .
	(d) in the course of the operation of
	(i) a telephone, telegraph or other communication service to the public, or
	(ii) a department or an agency of the Government of Canada,
	if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c) or (d);
	Clause 6: Section 247 reads as follows:
	247. (1) Every one who, with intent to cause death or bodily harm to persons, whether ascertained or not, sets or places or causes to be set or placed a trap, device or other thing whatever that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
	(2) A person who, being in occupation or possession of a place where anything mentioned in subsection (1) has been set or placed, knowingly and wilfully permits it to remain at that place, shall be deemed, for the purposes of that subsection, to have set or placed it with the intent mentioned therein.
	Clause 7: The relevant portion of subsection 462.43(1) reads as follows:
	462.43 (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge's own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge
	. . .
	(c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to subparagraph 462.33(3)(b)(i),
	Clause 8: Section 462.47 reads as follows:
	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 a designated offence.
	Clause 9: (1) Subsection 536(4) reads as follows:
	(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
	(2) The relevant portion of subsection 536(4.1) reads as follows:
	(4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
	Clause 10: (1) Subsection 536.1(3) reads as follows:
	(3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
	(2) The relevant portion of subsection 536.1(4) reads as follows:
	(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
	Clause 11: The relevant portion of subsection 729(1) reads as follows:
	729. (1) In
	. . .
	(b) a hearing to determine whether the offender breached a condition of a conditional sentence that the offender not have in possession or use drugs,
	a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
	Clause 12: The relevant portion of subsection 732.2(1) reads as follows:
	732.2 (1) A probation order comes into force
	. . .
	(c) where the offender is under a conditional sentence, at the expiration of the conditional sentence.
	Clause 13: Subsection 741(1) reads as follows:
	741. (1) Where an amount that is ordered to be paid under section 738 or 739 is not paid forthwith, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
	Clause 14: Subsection 742.2(2) reads as follows:
	(2) For greater certainty, a condition of a conditional sentence referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.
	Clause 15: (1) The relevant portion of subsection 742.6(10) reads as follows:
	(10) The running of a conditional sentence imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of
	(2) Subsection 742.6(12) reads as follows:
	(12) A conditional sentence referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.
	(3) Subsections 742.6(14) to (16) read as follows:
	(14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence unless the period has been so deemed under subsection (15).
	(15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence:
	(a) any period for which the running of the conditional sentence was suspended; and
	(b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence runs while the offender is detained under an order referred to in that subsection.
	(16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence.
	(4) The relevant portion of subsection 742.6(17) reads as follows:
	(17) In exercising its discretion under subsection (16), a court shall consider
	. . .
	(c) the period for which the offender was subject to conditions while the running of the conditional sentence was suspended and whether the offender complied with those conditions during that period.
	Clause 16: (1) Subsection 742.7(1) reads as follows:
	742.7 (1) If an offender who is subject to a conditional sentence is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence is suspended during the period of imprisonment for that other offence.
	(2) Subsection 742.7(4) reads as follows:
	(4) The running of any period of the conditional sentence that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.
	Clause 17: Form 46 in Part XXVIII reads as follows:
	FORM 46
	(Section 732.1)
	PROBATION ORDER
	Canada, Province of ................, (territorial division).
	Whereas on the ................ day of ................ at ................, A.B., hereinafter called the accused, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the accused pleaded guilty or for which the accused was convicted or found guilty, as the case may be));
	And whereas on the ................ day of ................ the court adjudged*
	*Use whichever of the following forms of disposition is applicable:
	(a) that the accused be discharged on the conditions hereinafter prescribed:
	(b) that the passing of sentence on the accused be suspended and that the said accused be released on the conditions hereinafter prescribed:
	(c) that the accused forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum forthwith (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said accused to the said prison are sooner paid, and in addition thereto, that the said accused comply with the conditions hereinafter prescribed:
	(d) that the accused be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said accused comply with the conditions hereinafter prescribed:
	Now therefore the said accused shall, for the period of ................ from the date of this order (or, where paragraph (d) is applicable the date of expiration of his sentence of imprisonment) comply with the following conditions, namely, that the said accused shall keep the peace and be of good behaviour and appear before the court when required to do so by the court, and, in addition,
	(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code).
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ Clerk of the Court, Justice or Provincial Court Judge
	Canada Evidence Act
	Clause 18: Section 37.21 reads as follows:
	37.21 (1) A hearing under subsection 37(2) or (3) or an appeal of an order made under any of subsections 37(4.1) to (6) shall be heard in private.
	(2) The court conducting a hearing under subsection 37(2) or (3) or the court hearing an appeal of an order made under any of subsections 37(4.1) to (6) may give
	(a) any person an opportunity to make representations; and
	(b) any person who makes representations under paragraph (a) the opportunity to make representations ex parte.
	Clause 19: Subsections 38.131(8) to (10) read as follows:
	(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order varying the certificate accordingly.
	(9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order cancelling the certificate.
	(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order confirming the certificate.
	Financial Administration Act
	Clause 20: New.
	Security of Information Act
	Clause 21: The relevant portion of the definition ``special operational information'' in subsection 8(1) reads as follows:
	``special operational information'' means information that the Government of Canada is taking measures to safeguard that reveals, or from which may be inferred,
	(a) the identity of a person, agency, group, body or entity that is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;
	Youth Criminal Justice Act
	Clause 22: The relevant portion of subsection 32(3) reads as follows:
	(3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall
	. . .
	(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.