An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
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Assented to 2001-12-18
R.S., c. C-46CRIMINAL CODE
Marginal note:1992, c. 41, s. 5
42. Subsections 643(1) and (2) of the Act are replaced by the following:
Marginal note:Who shall be jury
643. (1) The twelve jurors whose cards are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged. Their cards shall then be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.
Marginal note:Same jury may try another issue by consent
(2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.
Marginal note:R.S., c. 27 (1st Supp.), s. 133
43. Subsection 645(5) of the Act is replaced by the following:
Marginal note:Questions reserved for decision in a trial with a jury
(5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.
Marginal note:1997, c. 23, s. 17
44. Subparagraph 718.2(a)(iv) of the French version of the Act is replaced by the following:
(iv) que l’infraction a été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;
Marginal note:1997, c. 23, s. 18
45. Subsection 743.6(1.1) of the Act is replaced by the following:
Marginal note:Power of court to delay parole
(1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.
Marginal note:Power of court to delay parole
(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.
Marginal note:1997, c. 23, s. 19
46. (1) Subsection 810.01(1) of the Act is replaced by the following:
Marginal note:Fear of criminal organization offence, etc.
810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the consent of the Attorney General, lay an information before a provincial court judge.
(2) Subsection 810.01(3) of the Act is replaced by the following:
Marginal note:Adjudication
(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1).
Marginal note:Review of sections 25.1 to 25.4 of the Criminal Code
46.1 Within three years after this section comes into force, a review of sections 25.1 to 25.4 of the Criminal Code and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.
CONSEQUENTIAL AMENDMENTS
1996, c. 19Controlled Drugs and Substances Act
Marginal note:
47. The definition “offence-related property” in subsection 2(1) of the Controlled Drugs and Substances Act is replaced by the following:
“offence-related property”
« bien infractionnel »
“offence-related property” means, with the exception of a controlled substance, any property, within or outside Canada,
(a) by means of or in respect of which a designated substance offence is committed,
(b) that is used in any manner in connection with the commission of a designated substance offence, or
(c) that is intended for use for the purpose of committing a designated substance offence;
Marginal note:1997, c. 18, par. 140(b), (c)(i); 1999, c. 5, s. 48
48. Sections 8 and 9 of the Act are repealed.
Marginal note:1996, c. 19, s. 93.2
49. (1) Subsections 14(3) and (4) of the Act are replaced by the following:
Marginal note:Restraint order
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order.
Marginal note:Property outside Canada
(4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
(2) Paragraph 14(9)(a) of the Act is replaced by the following:
(a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or
50. The Act is amended by adding the following after section 14:
Marginal note:Management order
14.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where he or she is of the opinion that the circumstances so require,
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Marginal note:Appointment of Minister of Public Works and Government Services
(2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Marginal note:Power to manage
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
Marginal note:Application for destruction order
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Marginal note:Notice
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Marginal note:Order
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
Marginal note:When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Marginal note:Application to vary conditions
(9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
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