Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
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Assented to 2015-06-18
PART 3R.S., c. C-46CRIMINAL CODE
Amendments to the Act
17. (1) Paragraphs 83.3(2)(a) and (b) of the Act are replaced by the following:
(a) believes on reasonable grounds that a terrorist activity may be carried out; and
(b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is likely to prevent the carrying out of the terrorist activity.
(2) Subsection 83.3(4) of the Act is replaced by the following:
Marginal note:Arrest without warrant
(4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), if
(a) either
(i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or
(ii) an information has been laid under subsection (2) and a summons has been issued; and
(b) the peace officer suspects on reasonable grounds that the detention of the person in custody is likely to prevent a terrorist activity.
(3) Section 83.3 of the Act is amended by adding the following after subsection (7):
Marginal note:Adjournment under subparagraph (7)(b)(ii)
(7.1) If a judge has adjourned the matter under subparagraph (7)(b)(ii) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who
(a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and
(b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.
Marginal note:Adjournment under paragraph (7.1)(b)
(7.2) If a judge has adjourned the matter under paragraph (7.1)(b) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who
(a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and
(b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.
(4) Paragraphs 83.3(8)(a) and (b) of the Act are replaced by the following:
(a) may, if the judge is satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (10), (11.1) and (11.2), that the judge considers desirable for preventing the carrying out of a terrorist activity; and
(b) if the person was not released under subparagraph (7)(b)(i) or paragraph (7.1)(a) or (7.2)(a), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).
(5) Section 83.3 of the Act is amended by adding the following after subsection (8):
Marginal note:Duration extended
(8.1) However, if the judge is also satisfied that the person was convicted previously of a terrorism offence, the judge may order that the person enter into the recognizance for a period of not more than two years.
(6) Subsection 83.3(12) of the Act is replaced by the following:
Marginal note:Condition — passport
(11.1) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Condition — specified geographic area
(11.2) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Reasons
(12) If the judge does not add a condition described in subsection (10), (11.1) or (11.2) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.
18. (1) Paragraph 83.31(2)(c) of the Act is replaced by the following:
(c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;
(2) Subparagraph 83.31(3)(b)(ii) of the Act is replaced by the following:
(ii) by a judge under paragraph 83.3(7)(a), (7.1)(a) or (7.2)(a).
19. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.8):
(xii.81) subsection 83.221(1) (advocating or promoting commission of terrorism offences),
20. Paragraphs 195(1)(a) and (b) of the Act are replaced by the following:
(a) authorizations for which that Minister and agents specially designated in writing by that Minister for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year;
(b) authorizations given under section 188 for which peace officers specially designated by that Minister for the purposes of that section applied and the interceptions made under those authorizations in the immediately preceding year; and
21. (1) Subsection 486(1) of the Act is replaced by the following:
Marginal note:Exclusion of public
486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national secu- rity.
Marginal note:Application
(1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
(2) Section 486 of the Act is amended by adding the following after subsection (3):
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
22. The Act is amended by adding the following after section 486.6:
Marginal note:Security of witnesses
486.7 (1) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made under any of sections 486 to 486.5, if the judge or justice is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of justice.
Marginal note:Application
(2) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
Marginal note:Factors to be considered
(3) In determining whether to make the order, the judge or justice shall consider
(a) the age of the witness;
(b) the witness’s mental or physical disabilities, if any;
(c) the right to a fair and public hearing;
(d) the nature of the offence;
(e) whether the witness needs the order to protect them from intimidation or retaliation;
(f) whether the order is needed to protect the security of anyone known to the witness;
(g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(h) the importance of the witness’s testimony to the case;
(i) whether effective alternatives to the making of the proposed order are available in the circumstances;
(j) the salutary and deleterious effects of the proposed order; and
(k) any other factor that the judge or justice considers relevant.
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
23. Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.09):
(i.091) subsection 83.221(1) (advocating or promoting commission of terrorism offences),
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