An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) (S.C. 2008, c. 18)
Full Document:
Assented to 2008-05-29
25. Section 634 of the Act is amended by adding the following after subsection (2.1):
Marginal note:Supplemental peremptory challenges
(2.2) For the purposes of replacing jurors under subsection 644(1.1), the prosecutor and the accused are each entitled to one peremptory challenge for each juror to be replaced.
26. Subsections 640(2) and (3) of the Act are replaced by the following:
Marginal note:Other grounds
(2) If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.
Marginal note:Challenge for cause
(2.1) If the challenge is for cause and if the ground of the challenge is one that is not mentioned in subsection (1), on the application of the accused, the court may order the exclusion of all jurors — sworn and unsworn — from the court room until it is determined whether the ground of challenge is true, if the court is of the opinion that such an order is necessary to preserve the impartiality of the jurors.
Marginal note:Exclusion order
(2.2) If an order is made under subsection (2.1), two unsworn jurors, who are then exempt from the order, or two persons present who are appointed by the court for that purpose, shall be sworn to determine whether the ground of challenge is true. Those persons so appointed shall exercise their duties until twelve jurors and any alternate jurors are sworn.
Marginal note:If challenge not sustained, or if sustained
(3) Where the finding, pursuant to subsection (1), (2) or (2.2) is that the ground of challenge is not true, the juror shall be sworn, but if the finding is that the ground of challenge is true, the juror shall not be sworn.
Marginal note:2005, c. 10, subpar. 34(1)(f)(xii)
27. Subsection 667(5) of the French version of the Act is replaced by the following:
Définition de « préposé aux empreintes digitales »
(5) Au présent article, préposé aux empreintes digitales s’entend de toute personne désignée à ce titre pour l’application du présent article par le ministre de la Sécurité publique et de la Protection civile.
Marginal note:1997, c. 18, s. 93(2)
28. The portion of subsection 676(1.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Summary conviction appeals
(1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if
Marginal note:R.S., c. 23 (4th Supp.), s. 5; 1995, c. 22, s. 10 (Sch. I, item 28); 1997, c. 18, s. 97(1) and par. 141(b); 1999, c. 25, s. 15
29. (1) Subsection 683(5) of the Act is replaced by the following:
Marginal note:Power to order suspension
(5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:
(a) an obligation to pay a fine;
(b) an order of forfeiture or disposition of forfeited property;
(c) an order to make restitution under section 738 or 739;
(d) an obligation to pay a victim surcharge under section 737;
(e) a probation order under section 731; and
(f) a conditional sentence order under section 742.1.
Marginal note:Undertaking or recognizance
(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may order the offender to enter into an undertaking or recognizance.
(2) Section 683 of the Act is amended by adding the following after subsection (6):
Marginal note:Undertaking or recognizance to be taken into account
(7) If the offender has been ordered to enter into an undertaking or recognizance under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that undertaking or recognizance and the period during which they were imposed.
30. Section 685 of the Act is renumbered as subsection 685(1) and is amended by adding the following:
Marginal note:Summary determination of appeals filed in error
(2) If it appears to the registrar that a notice of appeal should have been filed with another court, the registrar may refer the appeal to a judge of the court of appeal for summary determination, and the judge may dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the respondent on the hearing.
31. Section 695 of the Act is amended by adding the following after subsection (1):
Marginal note:Election if new trial
(2) Subject to subsection (3), if a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge. The election is deemed to be a re-election within the meaning of subsection 561(5) and subsections 561(5) to (7) apply to it with any modifications that the circumstances require.
Marginal note:Nunavut
(3) If a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury in Nunavut, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election is deemed to be a re-election within the meaning of subsection 561.1(6) and subsections 561.1(6) to (9) apply to it with any modifications that the circumstances require.
32. Subsection 701(3) of the Act is repealed.
Marginal note:1997, c. 18, s. 100
33. Section 701.1 of the Act is replaced by the following:
Marginal note:Service in accordance with provincial laws
701.1 Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.
34. Section 715 of the Act is amended by adding the following after subsection (2):
Marginal note:Admission of evidence
(2.1) Despite subsections (1) and (2), evidence that has been taken at a preliminary inquiry in the absence of the accused may be admitted as evidence for the purposes referred to in those subsections if the accused was absent further to the permission of a justice granted under paragraph 537(1)(j.1).
35. Section 720 of the Act is renumbered as subsection 720(1) and is amended by adding the following:
Marginal note:Court-supervised programs
(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program.
Marginal note:1995, c. 22, s. 6
36. Subsections 729(4) and (5) of the Act are repealed.
Marginal note:1995, c. 22, s. 6
37. Subsection 732.1(5) of the Act is replaced by the following:
Marginal note:Obligations of court
(5) The court that makes a probation order shall
(a) cause a copy of the order to be given to the offender;
(b) explain the conditions of the order set under subsections (2) to (3.1) and the substance of section 733.1 to the offender;
(c) cause an explanation to be given to the offender of the procedure for applying under subsection 732.2(3) for a change to the optional conditions and of the substance of subsections 732.2(3) and (5); and
(d) take reasonable measures to ensure that the offender understands the order and the explanations.
Marginal note:For greater certainty
(6) For greater certainty, a failure to comply with subsection (5) does not affect the validity of the probation order.
Marginal note:1995, c. 22, s. 6; 1999, c. 5, s. 33(2)
38. Subsection 734(5) of the Act is replaced by the following:
Marginal note:Determination of term
(5) The term of imprisonment referred to in subsection (4) is the lesser of
(a) the number of days that corresponds to a fraction, rounded down to the nearest whole number, of which
(i) the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and
(ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and
(b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or six months in the case of a summary conviction offence.
Marginal note:1995, c. 22, s. 6
39. Section 734.2 of the Act is replaced by the following:
Marginal note:Obligations of court
734.2 (1) A court that makes an order under section 734.1 shall
(a) cause a copy of the order to be given to the offender;
(b) explain the substance of sections 734 to 734.8 and 736 to the offender;
(c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and
(d) take reasonable measures to ensure that the offender understands the order and the explanations.
Marginal note:For greater certainty
(2) For greater certainty, a failure to comply with subsection (1) does not affect the validity of the order.
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