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Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)

Assented to 2002-06-04

 The Act is amended by adding the following after section 579:

Marginal note:When Attorney General does not stay proceedings

579.01 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions.

Marginal note:1999, c. 3, s. 51(2)

 Subsection 598(2) of the English version of the Act is replaced by the following:

  • Marginal note:Election deemed to be waived

    (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

  •  (1) Section 606 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Conditions for accepting guilty plea

      (1.1) A court may accept a plea of guilty only if it is satisfied that the accused

      • (a) is making the plea voluntarily; and

      • (b) understands

        • (i) that the plea is an admission of the essential elements of the offence,

        • (ii) the nature and consequences of the plea, and

        • (iii) that the court is not bound by any agreement made between the accused and the prosecutor.

    • Marginal note:Validity of plea

      (1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.

  • (2) Section 606 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Video links

      (5) For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

Marginal note:R.S., c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45 (Sch. III, item 6)(F)

 Subsection 625.1(2) of the Act is replaced by the following:

  • Marginal note:Mandatory pre-trial hearing for jury trials

    (2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial.

 The Act is amended by adding the following after section 626:

Marginal note:Presiding judge

626.1 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court.

  •  (1) Section 631 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Alternate jurors

      (2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3).

  • Marginal note:1992, c. 41, s. 1

    (2) The portion of subsection 631(3) of the Act after paragraph (b) is replaced by the following:

    the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by.

  • Marginal note:1998, c. 9, s. 5

    (3) Subsections 631(4) and (5) of the Act are replaced by the following:

    • Marginal note:Juror and other persons to be sworn

      (4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

    • Marginal note:Drawing additional names if necessary

      (5) If the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors and any alternate jurors are sworn.

Marginal note:1992, c. 41, s. 2

 Paragraph 632(b) of the Act is replaced by the following:

  • (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or

Marginal note:1992, c. 41, s. 2
  •  (1) The portion of subsection 634(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Maximum number

      (2) Subject to subsections (2.1) to (4), the prosecutor and the accused are each entitled to

  • (2) Section 634 of the Act is amended by adding the following after subsection (2):

    • Marginal note:If alternate jurors

      (2.1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror.

Marginal note:1992, c. 41, s. 3

 Subsection 641(1) of the Act is replaced by the following:

Marginal note:Calling jurors who have stood by
  • 641. (1) If a full jury and any alternate jurors have not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and the jurors necessary to make a full jury and any alternate jurors shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

 Subsection 642(1) of the Act is replaced by the following:

Marginal note:Summoning other jurors when panel exhausted
  • 642. (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors.

 The Act is amended by adding the following after section 642:

Marginal note:Substitution of alternate jurors
  • 642.1 (1) Alternate jurors shall attend at the commencement of the trial and, if there is not a full jury present, alternate jurors shall be substituted, in the order in which their names were drawn under subsection 631(3), until there are twelve jurors.

  • Marginal note:Excusing of alternate jurors

    (2) An alternate juror who is not required as a substitute shall be excused.

Marginal note:1992, c. 41, s. 5

 Subsection 643(1) of the Act is replaced by the following:

Marginal note:Who shall be jury
  • 643. (1) The twelve jurors who are sworn in accordance with this Part and present at the commencement of the trial shall be the jury to try the issues of the indictment.

  • Marginal note:Names of jurors

    (1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

 Section 646 of the Act is replaced by the following:

Marginal note:Taking evidence

646. On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.

Marginal note:1994, c. 44, s. 61

 Subsection 650(1) of the Act is replaced by the following:

Marginal note:Accused to be present
  • 650. (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than a corporation, shall be present in court during the whole of his or her trial.

 The Act is amended by adding the following after section 650:

Marginal note:Designation of counsel of record
  • 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

  • Marginal note:Contents of designation

    (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

  • Marginal note:Effect of designation

    (3) If a designation is filed,

    • (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

      • (i) a part during which oral evidence of a witness is taken,

      • (ii) a part during which jurors are being selected, and

      • (iii) an application for a writ of habeas corpus;

    • (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and

    • (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

  • Marginal note:When court orders presence of accused

    (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

    • (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

    • (b) issue a warrant to compel the presence of the accused.

Marginal note:Technological appearance

650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously.

 
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