Tackling Violent Crime Act (S.C. 2008, c. 6)

Assented to 2008-02-28

Marginal note:1997, c.17, s. 9(1)
  •  (1) Subsection 810.2(3) of the Act is replaced by the following:

    • Marginal note:Adjudication

      (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

    • Marginal note:Duration extended

      (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

  • Marginal note:1997, c. 17, ss. 9(1) and (2)

    (2) Subsections 810.2(5) to (6) of the Act are replaced by the following:

    • Marginal note:Conditions in recognizance

      (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

      • (a) to participate in a treatment program;

      • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

      • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

      • (d) to return to and remain at his or her place of residence at specified times; or

      • (e) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

    • Marginal note:Conditions — firearms

      (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

    • Marginal note:Surrender, etc.

      (5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

    • Marginal note:Reasons

      (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

    • Marginal note:Condition — reporting

      (6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

Marginal note:Replacement of “fourteen years” with “16 years”

 The Act is amended by replacing the words “fourteen years” with the words “16 years” wherever they occur in the following provisions:

  • (a) subsection 150.1(4);

  • (b) sections 151 and 152;

  • (c) subsection 153(2);

  • (d) subsection 160(3);

  • (e) subsection 161(1);

  • (f) paragraphs 170(a) and (b);

  • (g) paragraphs 171(a) and (b);

  • (h) subsection 173(2);

  • (i) paragraphs 273.3(1)(a) and (b); and

  • (j) subsection 810.1(1) and paragraphs 810.1(3)(a) and (b).

CONSEQUENTIAL AMENDMENTS

R.S., c. A-2Aeronautics Act

Marginal note:1992, c. 1, s. 3

 Section 8.6 of the Aeronautics Act is replaced by the following:

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a), apply to those proceedings with any modifications that the circumstances require.

1992, c. 20Corrections and Conditional Release Act

Marginal note:1997, c. 17, s. 11

 The definition “long-term supervision” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“long-term supervision”

« surveillance de longue durée »

“long-term supervision” means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i) of the Criminal Code;

 Paragraph 1(r) of Schedule I to the Act is replaced by the following:

(r) section 244 (discharging firearm with intent);

R.S., c. C-47Criminal Records Act

Marginal note:2000, c. 1, s. 8.1
  •  (1) Paragraphs 1(b) to (d) of the schedule to the Criminal Records Act are replaced by the following:

    (b) section 151 (sexual interference with a person under 16);

    (c) section 152 (invitation to a person under 16 to sexual touching);

    (d) section 153 (sexual exploitation of a person 16 or more but under 18);

  • Marginal note:2000, c. 1, s. 8.1

    (2) Paragraph 1(h) of the schedule to the Act is replaced by the following:

    (h) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality);

  • Marginal note:2000, c. 1, s. 8.1

    (3) Paragraphs 1(x) and (y) of the schedule to the Act are replaced by the following:

    (x) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences);

    (y) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence);

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 84

 Subsection 163.5(2) of the Customs Act is replaced by the following:

  • Marginal note:Impaired driving offences

    (2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 254 and 256 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath under subsection 254(3) of that Act, or to submit to an evaluation under subsection 254(3.1) of that Act, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition “peace officer” in section 2 of that Act, for that purpose.

R.S., c. 32 (4th Supp.)Railway Safety Act

 Subsection 41(7) of the Railway Safety Act is replaced by the following:

  • Marginal note:Admissibility of evidence

    (7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.

COORDINATING AMENDMENTS

Marginal note:This Act

 On the first day on which both sections 9 and 40 of this Act are in force, paragraph (b) of the definition “designated offence” in section 752 of the Criminal Code is amended by adding the following after subparagraph (iv):

  • (iv.1) section 98 (breaking and entering to steal firearm),

  • (iv.2) section 98.1 (robbery to steal firearm),

Marginal note:This Act
  •  (1) If section 52 of this Act comes into force before section 54 of this Act, then paragraph 54(j) of this Act is replaced by the following:

    • (j) subsections 810.1(1) and (3.01) and paragraphs 810.1(3.02)(a) and (b).

  • (2) If section 54 of this Act comes into force before section 52 of this Act, then

    • (a) subsection 810.1(3.01) of the Criminal Code, as enacted by section 52 of this Act, is replaced by the following:

      • Marginal note:Duration extended

        (3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

    • (b) paragraphs 810.1(3.02)(a) and (b) of the Criminal Code, as enacted by section 52 of this Act, are replaced by the following:

      • (a) prohibit the defendant from engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;

      • (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;

  • (3) If section 52 of this Act comes into force on the same day as section 54 of this Act, then that section 52 is deemed to have come into force before that section 54 and subsection (1) applies as a consequence.

 
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