An Act to amend the Criminal Code and other Acts (S.C. 2004, c. 12)
Full Document:
- HTMLFull Document: An Act to amend the Criminal Code and other Acts (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Criminal Code and other Acts [83 KB]
Assented to 2004-04-22
An Act to amend the Criminal Code and other Acts
S.C. 2004, c. 12
Assented to 2004-04-22
An Act to amend the Criminal Code and other Acts
SUMMARY
This enactment amends the Criminal Code by
(a) establishing more serious offences for placing, or knowingly permitting to remain in a place, a trap, device or other thing that is likely to cause death or bodily harm to a person;
(b) permitting the use of as much force as is reasonably necessary on board an aircraft to prevent the commission of an offence that would be likely to cause immediate and serious injury to the aircraft or to any person or property in the aircraft;
(c) modifying the provision dealing with the provision of information on oath in relation to weapons; and
(d) creating an exemption to the offence of intercepting private communications in order to protect computer systems.
It amends the Financial Administration Act in order to authorize the federal government to take necessary measures to protect its computer systems.
It also amends the Canada Evidence Act, the Security of Information Act and the Criminal Code in order to make technical corrections, especially in relation to equivalence between the two official language versions.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46CRIMINAL CODE
1. The portion of subsection 7(8) of the Criminal Code before paragraph (a) is replaced by the following:
Definition of “flight” and “in flight”
(8) For the purposes of this section, of the definition “peace officer” in section 2 and of sections 27.1, 76 and 77, “flight” means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of
2. The Act is amended by adding the following after section 27:
Marginal note:Use of force on board an aircraft
27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.
Marginal note:Application of this section
(2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.
Marginal note:1995, c. 39, s. 139
3. Subsection 117.04(1) of the Act is replaced by the following:
Marginal note:Application for warrant to search and seize
117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
4. (1) Subsection 184(2) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for
(i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or
(ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).
(2) Section 184 of the Act is amended by adding the following after subsection (2):
Marginal note:Use or retention
(3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if
(a) it is essential to identify, isolate or prevent harm to the computer system; or
(b) it is to be disclosed in circumstances referred to in subsection 193(2).
5. Paragraph 193(2)(d) of the Act is amended by striking out the word “or” at the end of subparagraph (i), by adding the word “or” at the end of subparagraph (ii) and by replacing the portion after subparagraph (ii) with the following:
(iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),
if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);
6. Section 247 of the Act is replaced by the following:
Marginal note:Traps likely to cause bodily harm
247. (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,
(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
Marginal note:Bodily harm
(2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Marginal note:Offence-related place
(3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.
Marginal note:Offence-related place - bodily harm
(4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.
Marginal note:Death
(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 24
7. The portion of paragraph 462.43(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),
Marginal note:2002 c. 13, s. 16(F)
8. Section 462.47 of the French version of the Act is replaced by the following:
Marginal note:Nullité des actions contre les informateurs
462.47 Il est entendu que, sous réserve de l'article 241 de la Loi de l'impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu'elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou qu'une autre personne a commis une infraction désignée ou s'apprête à le faire.
9. (1) Subsection 536(4) of the Act, as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:
Marginal note:Request for preliminary inquiry
(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
(2) The portion of subsection 536(4.1) of the Act before paragraph (a), as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:
Marginal note:Endorsement on the information
(4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
10. (1) Subsection 536.1(3) of the Act, as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:
Marginal note:Request for preliminary inquiry - Nunavut
(3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
(2) The portion of subsection 536.1(4) of the Act before paragraph (a), as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:
Marginal note:Endorsement on the information
(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
Marginal note:1995, c. 22, s. 6
11. Paragraph 729(1)(b) of the English version of the Act is replaced by the following:
(b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,
- Date modified: