Bill C-23

SUMMARY

This enactment amends various provisions of the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters.

The amendments respecting criminal procedure provide for, among other things,

(a) the use of a means of telecommunication to forward warrants for the purpose of endorsement;

(b) changes to the process with respect to the challenge of jurors;

(c) a new election for the accused where a preferred indictment has been filed against him or her or where the Supreme Court of Canada orders a new trial;

(d) an appeal of a superior court order with respect to things seized lying with the court of appeal;

(e) summary dismissal by a single judge of the court of appeal when an appeal has erroneously been filed with that court; and

(f) a summary conviction trial with respect to co-accused that can proceed where one of the co-accused does not appear.

The amendments respecting the language of the accused clarify the application of provisions related to that matter.

The amendments respecting sentencing provide for, among other things,

(a) clarifications with respect to the application of impaired driving penalties;

(b) the power to order an offender not to communicate with identified persons while in custody and the creation of an offence for failing to comply with the order;

(c) the power to delay the sentencing proceedings so that an offender can participate in a provincially approved treatment program;

(d) an increase of the maximum fine that can be imposed for a summary conviction offence to $10,000 and a change with respect to the calculation of the period of imprisonment to be imposed in default of payment of a fine;

(e) the suspension of a conditional sentence order or a probation order during an appeal;

(f) in the case of a person serving a youth sentence who receives an adult sentence, clarification that the remaining portion of the youth sentence is converted to an adult sentence; and

(g) the power of a court to order, on application by the Attorney General and after convicting a person of the offence of luring a child by means of a computer system, the forfeiture of things used in relation to that offence.

The enactment amends the description of the offence of conveying information on betting and book-making so that the offence encompasses the conveying of that information by any means and makes related changes to the exemption provided with respect to the use of a pari-mutuel system.

Finally, amendments are also made to reclassify the offence of possession of break and enter instruments into a dual procedure offence.