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An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (S.C. 2005, c. 32)

Assented to 2005-07-20

Marginal note:R.S., c. 27 (1st Supp.), s. 69
  •  (1) The portion of subsection 487.2(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Restriction on publication

    487.2 If a search warrant is issued under section 487 or 487.1 or a search is made under such a warrant, every one who publishes in any document, or broadcasts or transmits in any way, any information with respect to

  • Marginal note:R.S., c. 27 (1st Supp.), s. 69

    (2) Subsection 487.2(2) of the Act is repealed.

  •  (1) The portion of subsection 517(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Order directing matters not to be published for specified period
    • 517. (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

  • (2) Subsection 517(3) of the Act is repealed.

Marginal note:R.S., c. 27 (1st Supp.), s. 97
  •  (1) The portion of subsection 539(1) of the Act after paragraph (b) is replaced by the following:

    make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

    • (c) he or she is discharged, or

    • (d) if he or she is ordered to stand trial, the trial is ended.

  • (2) Subsection 539(4) of the Act is repealed.

  •  (1) The portion of subsection 542(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Restriction of publication of reports of preliminary inquiry

      (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless

  • (2) Subsection 542(3) of the Act is repealed.

Marginal note:2001, c. 32, s. 82(4)

 Subsection 631(6) of the Act is replaced by the following:

  • Marginal note:Ban on publication

    (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

  •  (1) Subsection 648(1) of the Act is replaced by the following:

    Marginal note:Restriction on publication
    • 648. (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

  • (2) Subsection 648(3) of the Act is repealed.

Marginal note:1991, c. 43, s. 4

 The portion of subsection 672.51(11) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Prohibition on publication

    (11) No person shall publish in any document or broadcast or transmit in any way

Marginal note:R.S., c. 19 (3rd Supp.), s. 16; 1997, c. 16, s. 7; 1998, c. 9, s. 8

 The heading before section 715.1 and sections 715.1 and 715.2 of the Act are replaced by the following:

Video-recorded Evidence

Marginal note:Evidence of victim or witness under 18
  • 715.1 (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

Marginal note:Evidence of victim or witness who has a disability
  • 715.2 (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

 The Act is amended by adding the following after section 718:

Marginal note:Objectives — offences against children

718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

Marginal note:1995, c. 22, s. 6; 2000, c. 12, par. 95(c)

 Subparagraph 718.2(a)(ii) of the Act is replaced by the following:

  • (ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner,

  • (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

R.S., c. C-5CANADA EVIDENCE ACT

Marginal note:R.S., c. 19 (3rd Supp.), s. 18

 The portion of subsection 16(1) of the Canada Evidence Act before paragraph (a) is replaced by the following:

Marginal note:Witness whose capacity is in question
  • 16. (1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine

 The Act is amended by adding the following after section 16:

Marginal note:Person under fourteen years of age
  • 16.1 (1) A person under fourteen years of age is presumed to have the capacity to testify.

  • Marginal note:No oath or solemn affirmation

    (2) A proposed witness under fourteen years of age shall not take an oath or make a solemn affirmation despite a provision of any Act that requires an oath or a solemn affirmation.

  • Marginal note:Evidence shall be received

    (3) The evidence of a proposed witness under fourteen years of age shall be received if they are able to understand and respond to questions.

  • Marginal note:Burden as to capacity of witness

    (4) A party who challenges the capacity of a proposed witness under fourteen years of age has the burden of satisfying the court that there is an issue as to the capacity of the proposed witness to understand and respond to questions.

  • Marginal note:Court inquiry

    (5) If the court is satisfied that there is an issue as to the capacity of a proposed witness under fourteen years of age to understand and respond to questions, it shall, before permitting them to give evidence, conduct an inquiry to determine whether they are able to understand and respond to questions.

  • Marginal note:Promise to tell truth

    (6) The court shall, before permitting a proposed witness under fourteen years of age to give evidence, require them to promise to tell the truth.

  • Marginal note:Understanding of promise

    (7) No proposed witness under fourteen years of age shall be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court.

  • Marginal note:Effect

    (8) For greater certainty, if the evidence of a witness under fourteen years of age is received by the court, it shall have the same effect as if it were taken under oath.

REVIEW AND REPORT TO PARLIAMENT

Marginal note:Review
  •  (1) Five years after this section comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for the purpose shall undertake a comprehensive review of this Act and its operation.

  • Marginal note:Report

    (2) The committee shall submit a report on the review to Parliament, including a statement of any changes that it recommends, within six months after it undertakes the review or within any further time authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be.

 
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