Bill C-32
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2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
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House of Commons of Canada
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BILL C-32 |
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An Act to amend the Criminal Code and other
Acts
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| R.S., c. C-46
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CRIMINAL CODE |
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1. The portion of subsection 7(8) of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Definition of
``flight'' and
``in flight''
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(8) For the purposes of this section, of the
definition ``peace officer'' in section 2 and of
sections 27.1 , 76 and 77, ``flight'' means the
act of flying or moving through the air and an
aircraft is deemed to be in flight from the time
when all external doors are closed following
embarkation until the later of
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2. The Act is amended by adding the
following after section 27:
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| Use of force
on board an
aircraft
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27.1 (1) Every person on an aircraft in flight
is justified in using as much force as is
reasonably necessary to prevent the
commission of an offence against this Act or
another Act of Parliament that the person
believes on reasonable grounds, if it were
committed, would be likely to cause
immediate and serious injury to the aircraft or
to any person or property therein.
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| Application of
this section
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(2) This section applies in respect of any
aircraft in flight in Canadian airspace and in
respect of any aircraft registered in Canada in
accordance with the regulations made under
the Aeronautics Act in flight outside Canadian
airspace.
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| 1995, c. 39,
s. 139
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3. Subsection 117.04(1) of the Act is
replaced by the following:
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| Application
for warrant to
search and
seize
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117.04 (1) Where, pursuant to an
application made by a peace officer with
respect to any person, a justice is satisfied by
information on oath that there are reasonable
grounds to believe that the person possesses a
weapon, a prohibited device, ammunition,
prohibited ammunition or an explosive
substance in a building, receptacle or place
and that it is not desirable in the interests of the
safety of the person, or of any other person, for
the person to possess the weapon, prohibited
device, ammunition, prohibited ammunition
or explosive substance, the justice may issue
a warrant authorizing a peace officer to search
the building, receptacle or place 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.
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4. (1) Subsection 184(2) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (c), by adding the
word ``or'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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(2) Section 184 of the Act is amended by
adding the following after subsection (2):
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| Use or
retention
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(3) A private communication intercepted by
a person referred to in paragraph (2)(e) can be
used or retained only if
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5. Paragraph 193(2)(d) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i), by adding the
word ``or'' at the end of subparagraph (ii)
and by replacing the portion after
subparagraph (ii) with the following:
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6. Section 247 of the Act is replaced by the
following:
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| Traps likely to
cause bodily
harm
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247. (1) Every one is guilty of an indictable
offence and is liable to imprisonment for a
term not exceeding five years, who with intent
to cause death or bodily harm to a person ,
whether ascertained or not,
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| Bodily harm
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(2) Every one who commits an offence
under subsection (1) and thereby causes
bodily harm to any other person is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding ten years.
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| Offence-relate
d place
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(3) Every one who commits an offence
under subsection (1), in a place kept or used
for the purpose of committing another
indictable offence, is guilty of an indictable
offence and is liable to a term of imprisonment
not exceeding ten years.
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| Offence-relate
d place -
bodily harm
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(4) Every one who commits an offence
under subsection (1), in a place kept or used
for the purpose of committing another
indictable offence, and thereby causes bodily
harm to a person is guilty of an indictable
offence and liable to a term of imprisonment
not exceeding fourteen years.
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| Death
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(5) Every one who commits an offence
under subsection (1) and thereby causes the
death of any other person is guilty of an
indictable offence and liable to imprisonment
for life.
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| R.S., c. 42
(4th Supp.),
s. 2; 2001,
c. 32, s. 24
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7. The portion of paragraph 462.43(1)(c)
of the Act before subparagraph (i) is
replaced by the following:
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| 2002 c. 13,
s. 16(F)
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8. Section 462.47 of the French version of
the Act is replaced by the following:
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| Nullité des
actions contre
les
informateurs
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462.47 Il est entendu que, sous réserve de
l'article 241 de la Loi de l'impôt sur le revenu,
aucune action ne peut être intentée contre une
personne pour le motif qu'elle aurait révélé à
un agent de la paix ou au procureur général des
faits sur lesquels elle se fonde pour avoir des
motifs raisonnables de soupçonner que des
biens sont des produits de la criminalité ou
qu'une autre personne a commis une
infraction désignée ou s'apprête à le faire.
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9. (1) Subsection 536(4) of the Act, as
enacted by subsection 25(2) of chapter 13 of
the Statutes of Canada, 2002, is replaced by
the following:
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| Request for
preliminary
inquiry
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(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 or is charged
with an offence listed in section 469 , 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.
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(2) The portion of subsection 536(4.1) of
the Act before paragraph (a), as enacted by
subsection 25(2) of chapter 13 of the
Statutes of Canada, 2002, is replaced by the
following:
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| Endorsement
on the
information
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(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 or is accused of
an offence listed in section 469 , the justice
shall endorse on the information and, if the
accused is in custody, on the warrant of
remand, a statement showing
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10. (1) Subsection 536.1(3) of the Act, as
enacted by section 26 of chapter 13 of the
Statutes of Canada, 2002, is replaced by the
following:
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| Request for
preliminary
inquiry -
Nunavut
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(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 or is charged
with an offence listed in section 469 , 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.
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(2) The portion of subsection 536.1(4) of
the Act before paragraph (a), as enacted by
section 26 of chapter 13 of the Statutes of
Canada, 2002, is replaced by the following:
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| Endorsement
on the
information
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(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 or is charged
with an offence listed in section 469 , the
justice or judge shall endorse on the
information and, if the accused is in custody,
on the warrant of remand, a statement showing
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| 1995, c. 22,
s. 6
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11. Paragraph 729(1)(b) of the English
version of the Act is replaced by the
following:
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| 1995, c. 22,
s. 6
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12. Paragraph 732.2(1)(c) of the English
version of the Act is replaced by the
following:
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| 1995, c. 22,
s. 6
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13. Subsection 741(1) of the Act is
replaced by the following:
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| Enforcing
restitution
order
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741. (1) Where an amount that is ordered to
be paid under section 732.1 , 738, 739 or
742.3 , is not paid without delay , 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.
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| 2002, c. 13,
s. 75
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14. Subsection 742.2(2) of the English
version of the Act is replaced by the
following:
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| Application of
section 109 or
110
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(2) For greater certainty, a condition of a
conditional sentence order referred to in
paragraph 742.3(2)(b) does not affect the
operation of section 109 or 110.
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| 1999, c. 5,
s. 41(4)
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15. (1) The portion of subsection
742.6(10) of the English version of the Act
before paragraph (a) is replaced by the
following:
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| Warrant or
arrest -
suspension of
running of
conditional
sentence order
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(10) The running of a conditional sentence
order 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
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| 1999, c. 5,
s. 41(4)
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(2) Subsection 742.6(12) of the English
version of the Act is replaced by the
following:
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| Detention
under
s. 515(6)
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(12) A conditional sentence order 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.
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| 1999, c. 5,
s. 41(4)
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(3) Subsections 742.6(14) to (16) of the
English version of the Act are replaced by
the following:
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| Unreasonable
delay in
execution
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(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 order unless the period
has been so deemed under subsection (15).
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| Allegation
dismissed or
reasonable
excuse
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(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 order :
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| Powers of
court
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(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 order .
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| 1999, c. 5,
s. 41(4)
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(4) Paragraph 742.6(17)(c) of the English
version of the Act is replaced by the
following:
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| 1999, c. 5,
s. 42
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16. (1) Subsection 742.7(1) of the English
version of the Act is replaced by the
following:
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| If person
imprisoned
for new
offence
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742.7 (1) If an offender who is subject to a
conditional sentence order is imprisoned as a
result of a sentence imposed for another
offence, whenever committed, the running of
the conditional sentence order is suspended
during the period of imprisonment for that
other offence.
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| 1999, c. 5,
s. 42
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(2) Subsection 742.7(4) of the English
version of the Act is replaced by the
following:
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| Conditional
sentence
resumes
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(4) The running of any period of the
conditional sentence order 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.
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| R.S., c. 27 (1st
Supp.), s. 203;
1995, c. 22,
s. 10 (Sch. I,
s. 35)
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17. Form 46 in Part XXVIII of the Act is
replaced by the following:
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