An Act to amend the Criminal Code and other Acts (S.C. 2004, c. 12)
Full Document:
Assented to 2004-04-22
Marginal note:1995, c. 22, s. 6
12. Paragraph 732.2(1)(c) of the English version of the Act is replaced by the following:
(c) where the offender is under a conditional sentence order, at the expiration of the conditional sentence order.
Marginal note:1995, c. 22, s. 6
13. Subsection 741(1) of the Act is replaced by the following:
Marginal note:Enforcing restitution order
741. (1) Where an amount that is ordered to be paid under section 732.1, 738, 739 or 742.3, is not paid without delay, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Marginal note:2002, c. 13, s. 75
14. Subsection 742.2(2) of the English version of the Act is replaced by the following:
Marginal note:Application of section 109 or 110
(2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.
Marginal note:1999, c. 5, s. 41(4)
15. (1) The portion of subsection 742.6(10) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant or arrest - suspension of running of conditional sentence order
(10) The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of
Marginal note:1999, c. 5, s. 41(4)
(2) Subsection 742.6(12) of the English version of the Act is replaced by the following:
Marginal note:Detention under s. 515(6)
(12) A conditional sentence order referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.
Marginal note:1999, c. 5, s. 41(4)
(3) Subsections 742.6(14) to (16) of the English version of the Act are replaced by the following:
Marginal note:Unreasonable delay in execution
(14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15).
Marginal note:Allegation dismissed or reasonable excuse
(15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence order:
(a) any period for which the running of the conditional sentence order was suspended; and
(b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence order runs while the offender is detained under an order referred to in that subsection.
Marginal note:Powers of court
(16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence order.
Marginal note:1999, c. 5, s. 41(4)
(4) Paragraph 742.6(17)(c) of the English version of the Act is replaced by the following:
(c) the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period.
Marginal note:1999, c. 5, s. 42
16. (1) Subsection 742.7(1) of the English version of the Act is replaced by the following:
Marginal note:If person imprisoned for new offence
742.7 (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.
Marginal note:1999, c. 5, s. 42
(2) Subsection 742.7(4) of the English version of the Act is replaced by the following:
Marginal note:Conditional sentence order resumes
(4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.
Marginal note:R.S., c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 10 (Sch. I, s. 35)
17. Form 46 in Part XXVIII of the Act is replaced by the following:
FORM 46
(Section 732.1)
PROBATION ORDER
Canada,
Province of ................,
(territorial division).
Whereas on the ................ day of ................ at ................, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be);
And whereas on the ................ day of ................ the court adjudged*
*Use whichever of the following forms of disposition is applicable:
(a) that the offender be discharged on the following conditions:
(b) that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions:
(c) that the offender forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions:
(d) that the offender be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said offender comply with the following conditions:
(e) that following the expiration of the offender's conditional sentence order related to this or another offence, that the said offender comply with the following conditions:
(f) that following the expiration of the offender's sentence of imprisonment related to another offence, that the said offender comply with the following conditions:
(g) when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement:
Now therefore the said offender shall, for the period of ................ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender's sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition,
(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code).
Dated this ................ day of ................ A.D. ........, at ................ .
........................................
Clerk of the Court, Justice
or Provincial Court Judge
R.S., c. C-5CANADA EVIDENCE ACT
Marginal note:2001, c. 41, s. 43
18. Section 37.21 of the Canada Evidence Act is repealed.
Marginal note:2001, c. 41, s. 43
19. Subsections 38.131(8) to (10) of the English version of the Act are replaced by the following:
Marginal note:Varying the certificate
(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly.
Marginal note:Cancelling the certificate
(9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate.
Marginal note:Confirming the certificate
(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate.
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