Bill C-23

Criminal Code

Clause 1: Existing text of subsection 4(7):

(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit, solemn declaration or statement referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or the giving or sending of any notice.

Clause 2: Existing text of subsections 117.13(4) and (5):

(4) For the purposes of this Act, service of a certificate of an analyst may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.

(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.

Clause 3: Relevant portion of subsection 145(3):

(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance directed by a justice or judge, and every person who is bound to comply with a direction ordered under subsection 515(12) or 522(2.1), and who fails, without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of

Clause 4: Relevant portion of subsection 164.2(1):

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, in addition to any other punishment that it may impose, may order that any thing — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

Clause 5: Relevant portion of subsection 202(1):

202. (1) Every one commits an offence who

...

(i) wilfully and knowingly sends, transmits, delivers or receives any message by radio, telegraph, telephone, mail or express that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

Clause 6: Existing text of subsection 204(2):

(2) For the purposes of paragraph 1(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e), or by telephone calls to the race-course of an association or to such a betting theatre, are deemed to be made on the race-course of the association.

Clause 7: New.

Clause 8: (1) Existing text of subsections 259(1.1) to (1.4):

(1.1) In making the order, the court may authorize the offender to operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period if the offender registers in an alcohol ignition interlock device program established under the law of the province in which the offender resides.

(1.2) The authorization has no effect until the expiry of a period fixed by the court

(a) of at least 3 months, for a first offence;

(b) of at least 6 months, for a second offence; and

(c) of at least 12 months, for each subsequent offence.

(1.3) The authorization applies to an offender who becomes resident in another province and registers in a program referred to in subsection (1.1) in that province.

(1.4) The authorization has no effect during any period that the offender is not registered in a program referred to in subsection (1.1).

(2) Relevant portion of subsection 259(2):

(2) Where an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252, subsection 255(2) or (3) or this section committed by means of a motor vehicle, vessel or aircraft or of railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be

(a) during any period that the court considers proper, if the offender is liable to imprisonment for life in respect of that offence;

(3) New.

(4) Relevant portion of subsection 259(4):

(4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so

Clause 9: Existing text of subsection 351(1):

351. (1) Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Clause 10: Existing text of section 481.2:

481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission, when committed in those circumstances, is an offence under this or any other Act of Parliament, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

Clause 11: (1) Existing text of subsection 487(2):

(2) Where the building, receptacle or place in which anything mentioned in subsection (1) is believed to be is in any other territorial division, the justice may issue his warrant in like form modified according to the circumstances, and the warrant may be executed in the other territorial division after it has been endorsed, in Form 28, by a justice having jurisdiction in that territorial division.

(2) Existing text of subsection 487(4):

(4) An endorsement that is made on a warrant as provided for in subsection (2) is sufficient authority to the peace officers or public officers to whom it was originally directed, and to all peace officers within the jurisdiction of the justice by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.1 or as otherwise provided by law.

Clause 12: Existing text of subsection 487.03(1):

487.03 (1) Where

(a) a warrant is issued under section 487.01, 487.05 or 492.1 or subsection 492.2(1) in one province,

(b) it may reasonably be expected that the warrant is to be executed in another province, and

(c) the execution of the warrant would require entry into or on the property of any person in the other province or would require that an order be made under section 487.02 with respect to any person in that other province,

a judge or justice, as the case may be, in the other province may, on application, endorse the warrant and the warrant, after being so endorsed, has the same force in that other province as though it had originally been issued in that other province.

Clause 13: Existing text of subsection 487.055(6):

(6) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by the peace officer’s affidavit made before a justice of the peace or other person authorized to administer oaths or to take affidavits.

Clause 14: Existing text of subsection 490(17):

(17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order to the appeal court, as defined in section 812, and for the purposes of the appeal the provisions of sections 814 to 828 apply with such modifications as the circumstances require.

Clause 15: Existing text of subsection 501(5):

(5) The issue of an appearance notice by any peace officer may be proved by the oral evidence, given under oath, of the officer who issued it or by the officer’s affidavit made before a justice or other person authorized to administer oaths or to take affidavits.

Clause 16: New.

Clause 17: Existing text of subsection 509(3):

(3) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by his affidavit made before a justice or other person authorized to administer oaths or to take affidavits.

Clause 18: (1) Existing text of subsection 530(3):

(3) The justice of the peace or provincial court judge before whom an accused first appears shall, if the accused is not represented by counsel, advise the accused of his right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.

(2) Existing text of subsection 530(5):

(5) An order under this section that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony may, if the circumstances warrant, be varied by the court to require that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada.

Clause 19: New.

Clause 20: (1) and (2) Relevant portion of section 530.1:

530.1 Where an order is granted under section 530 directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language that is the language of the accused or in which the accused can best give testimony,

...

(d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language that is the language of the accused;

(e) except where the prosecutor is a private prosecutor, the accused has a right to have a prosecutor who speaks the official language that is the language of the accused;

Clause 21: Existing text of section 531:

531. Notwithstanding any other provision of this Act but subject to any regulations made pursuant to section 533, the court shall order that the trial of an accused be held in a territorial division in the same province other than that in which the offence would otherwise be tried if an order has been made that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada and such order cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried.

Clause 22: New.

Clause 23: Existing text of subsection 565(2):

(2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury without a preliminary inquiry.

Clause 24: Existing text of section 568:

568. Even if an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held.

Clause 25: New.

Clause 26: Existing text of subsections 640(2) and (3):

(2) Where the ground of a challenge is one not mentioned in subsection (1), the two jurors who were last sworn, or if no jurors have then been sworn, two persons present whom the court may appoint for the purpose, shall be sworn to determine whether the ground of challenge is true.

(3) Where the finding, pursuant to subsection (1) or (2) is that the ground of challenge is not true, the juror shall be sworn, but if the finding is that the ground of challenge is true, the juror shall not be sworn.

Clause 27: Existing text of subsection 667(5):

(5) In this section, “fingerprint examiner” means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

Clause 28: Relevant portion of subsection 676(1.1):

(1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

Clause 29: (1) Existing text of subsection 683(5):

(5) Where an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, where it considers it to be in the interests of justice, order that

(a) any obligation to pay a fine,

(b) any order of forfeiture or disposition of forfeited property,

(c) any order to make restitution under section 738 or 739,

(d) any obligation to pay a victim surcharge under section 737, or

(e) the conditions prescribed in a probation order under subsections 732.1(2) and (3)

be suspended until the appeal has been determined.

(2) New.

Clause 30: New.

Clause 31: New.

Clause 32: Existing text of subsection 701(3):

(3) Service of a subpoena may be proved by the affidavit of the person who effected service.

Clause 33: Existing text of section 701.1:

701.1 Notwithstanding section 701, in any province service and proof of service of any subpoena, summons or other document may be made in accordance with the laws of the province relating to offences created by the laws of the province.

Clause 34: New.

Clause 35: New.

Clause 36: Existing text of subsections 729(4) and (5):

(4) Service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.

(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.

Clause 37: Existing text of subsection 732.1(5):

(5) A court that makes a probation order shall

(a) cause to be given to the offender

(i) a copy of the order,

(ii) an explanation of the substance of subsections 732.2(3) and (5) and section 733.1, and

(iii) an explanation of the procedure for applying under subsection 732.2(3) for a change to the optional conditions; and

(b) take reasonable measures to ensure that the offender understands the order and the explanations given to the offender under paragraph (a).

Clause 38: Existing text of subsection 734(5):

(5) The length, in days, of the term of imprisonment referred to in subsection (4) is the lesser of

(a) a fraction, rounded down to the nearest whole number, of which

(i) the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and

(ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and

(b) the maximum term of imprisonment, expressed in days, that the court could itself impose on conviction.

Clause 39: Existing text of section 734.2:

734.2 A court that makes an order under section 734.1 shall

(a) cause to be given to the offender

(i) a copy of the order,

(ii) an explanation of the substance of sections 734 to 734.8 and 736,

(iii) an explanation of available programs referred to in section 736 and of the procedure for applying for admission to such programs, and

(iv) an explanation of the procedure for applying under section 734.3 for a change in the terms of the order; and

(b) take reasonable measures to ensure that the offender understands the order and the explanations given to the offender under paragraph (a).

Clause 40: Existing text of subsection 742.3(3):

(3) A court that makes an order under this section shall

(a) cause to be given to the offender

(i) a copy of the order,

(ii) an explanation of the substance of sections 742.4 and 742.6, and

(iii) an explanation of the procedure for applying under section 742.4 for a change to the optional conditions; and

(b) take reasonable measures to ensure that the offender understands the order and the explanations given to the offender under paragraph (a).

Clause 41: Existing text of subsections 742.6(6) and (7):

(6) Service of any report referred to in subsection (4) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.

(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.

Clause 42: New.

Clause 43: (1) Existing text of subsection 743.5(1):

743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

(2) Existing text of subsection 743.5(3):

(3) For greater certainty, the dispositions and sentences referred to in subsections (1) and (2) are, for the purposes of section 139 of the Corrections and Conditional Release Act, deemed to constitute once sentence of imprisonment.

Clause 44: Existing text of subsection 787(1):

787. (1) Except where otherwise provided by law, every one who is convicted of an offence punishable on summary conviction is liable to a fine of not more than two thousand dollars or to imprisonment for six months or to both.

Clause 45: Existing text of subsections 803(2) and (3):

(2) Where a defendant does not appear at the time and place appointed for the trial after having been notified of that time and place, or where a defendant does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court

(a) may proceed ex parte to hear and determine the proceedings in the absence of the defendant as fully and effectually as if the defendant had appeared; or

(b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

(3) Where, at the trial of a defendant, the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the failure of the defendant to appear at the time and place appointed for the trial or for the resumption of the trial shall be instituted or if instituted shall be proceeded with, except with the consent of the Attorney General.