An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (S.C. 2022, c. 17)
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Assented to 2022-12-15
An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
S.C. 2022, c. 17
Assented to 2022-12-15
An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
SUMMARY
This enactment amends the Criminal Code to, among other things,
(a) allow for the use of electronic or other automated means for the purposes of the jury selection process;
(b) expand, for the accused and offenders, the availability of remote appearances by audioconference and videoconference in certain circumstances;
(c) provide for the participation of prospective jurors in the jury selection process by videoconference in certain circumstances;
(d) expand the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused not represented by counsel;
(e) permit courts to order fingerprinting at the interim release stage and at any other stage of the criminal justice process if fingerprints could not previously have been taken for exceptional reasons; and
(f) replace the existing telewarrant provisions with a process that permits a wide variety of search warrants, authorizations and orders to be applied for and issued by a means of telecommunication.
The enactment makes amendments to the Criminal Code and the Identification of Criminals Act to correct minor technical errors and includes transitional provisions on the application of the amendments. It also makes related amendments to other Acts.
The enactment also provides for one or more independent reviews on the use of remote proceedings in criminal justice matters.
Lastly, the enactment also provides for a parliamentary review of the provisions enacted or amended by this enactment and of the use of remote proceedings in criminal justice matters to commence at the start of the fifth year following the day on which it receives royal assent.
His 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
Marginal note: 2019, c. 25, s. 1(3)
1 The definition summons in section 2 of the Criminal Code is replaced by the following:
- summons
summons means, unless a contrary intention appears, a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)
Marginal note:1995, c. 39, s. 139
2 The portion of subsection 117.04(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report to justice
(3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing
Marginal note:1995, c. 39, s. 139
3 Subsection 117.05(1) of the Act is replaced by the following:
Marginal note:Application for disposition
117.05 (1) If any thing or document has been seized under subsection 117.04(1) or (2), a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within 30 days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to the persons or in the manner that the justice may specify.
4 Subsection 145(2) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:
(d) fails, without lawful excuse, to comply with an order made under section 515.01.
Marginal note:1993, c. 40, s. 1(1)
5 The definition authorization in section 183 of the Act is replaced by the following:
- authorization
authorization means an authorization to intercept a private communication given under subsection 184.2(3), section 186 or subsection 188(2); (autorisation)
Marginal note:1993, c. 40, s. 4
6 Section 184.3 of the Act is replaced by the following:
Marginal note:Application — telecommunication producing writing
184.3 (1) A person who is permitted to make one of the following applications may submit their application by a means of telecommunication that produces a writing:
(a) an application for an authorization under subsection 184.2(2), 185(1), 186(5.2) or 188(1);
(b) an application for an extension under subsection 185(2), 196(2) or 196.1(2);
(c) an application to renew an authorization under subsection 186(6).
Marginal note:Sealing
(2) A judge who receives an application submitted by a means of telecommunication that produces a writing shall, immediately on the determination of the application, cause it to be placed and sealed in the packet referred to in subsection 187(1).
Marginal note:Application — telecommunication not producing writing
(3) Despite anything in section 184.2 or 188, a person who is permitted to make an application for an authorization under subsection 184.2(2) or 188(1) may submit their application by a means of telecommunication that does not produce a writing if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.
Marginal note:Statement of circumstances
(4) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.
Marginal note:Oath
(5) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.
Marginal note:Recording and sealing
(6) A judge who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and shall, immediately on the determination of the application, cause the writing or recording to be placed and sealed in the packet referred to in subsection 187(1), and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.
Marginal note:Limitation
(7) If an application is submitted by a means of telecommunication that does not produce a writing, the judge shall not give the authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.
Marginal note:Giving authorization, etc.
(8) A judge who gives the authorization, extension or renewal may do so by a means of telecommunication, in which case
(a) the judge shall complete and sign the document in question, noting on its face the time and date;
(b) if the means of telecommunication produces a writing, the judge shall transmit a copy of the document to the applicant by that means;
(c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judge, transcribe the document, noting on its face the name of the judge as well as the time and date; and
(d) the judge shall, immediately after the authorization, extension or renewal is given, cause the document to be placed and sealed in the packet referred to in subsection 187(1).
7 Subsection 185(4) of the Act is replaced by the following:
Marginal note:If extension not granted
(4) If the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or if the judge fixes a shorter period than the one set out in the application referred to in subsection (2), the person submitting the application for the authorization may withdraw that application and, if it is withdrawn, the judge shall not proceed to consider it or to give the authorization and shall destroy, or return to that person, both applications and all other material pertaining to them.
Marginal note:1993, c. 40, s. 7
8 (1) Subsection 187(1.1) of the Act is replaced by the following:
Marginal note:Exception
(1.1) An authorization given under this Part need not be placed in the packet except if, under subsection 184.3(8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the copy remains with the applicant.
Marginal note:1993, c. 40, s. 7
(2) Subsection 187(3) of the Act is replaced by the following:
Marginal note:Order of judge
(3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made under subsection 184.2(2) may only be made after the Attorney General has been given an opportunity to be heard.
Marginal note:2019, c. 25, s. 66
9 Section 188.1 of the Act is replaced by the following:
Marginal note:Execution in Canada
188.1 An authorization given under section 184.2, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.
Marginal note:2018, c. 21, s. 15
10 (1) The portion of subsection 320.29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrants to obtain blood samples
320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1, that
Marginal note:2018, c. 21, s. 15
(2) Subsections 320.29(2) and (3) of the Act are replaced by the following:
Marginal note:Form
(2) A warrant issued under subsection (1) may be in Form 5, varied to suit the case.
Marginal note:2018, c. 21, s. 15
(3) Subsection 320.29(5) of the Act is replaced by the following:
Marginal note:Copy to person
(5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.1, varied to suit the case — to the person from whom the samples of blood are taken.
11 The portion of subsection 395(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Power to seize
(2) If, on search, anything mentioned in subsection (1) is found, it shall be seized and brought before a justice of the province in which the warrant was issued who has jurisdiction in the matter, and the justice shall order
Marginal note:R.S., c. 42 (4th Supp.), s. 2
12 (1) The portion of subsection 462.32(4) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Rapport d’exécution
(4) La personne qui exécute un mandat décerné en vertu du présent article est tenue, à la fois :
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 2017, c. 7, s. 57(F)
(2) Paragraph 462.32(4)(a) of the Act is replaced by the following:
(a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:
(i) a copy of the warrant, and
(ii) a notice in Form 5.1 setting out the address of the court from which a copy of the report on the property seized may be obtained;
(a.1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(3) Paragraphs 462.32(4)(b) and (c) of the French version of the Act are replaced by the following:
b) dans les meilleurs délais après l’exécution du mandat mais au plus tard le septième jour qui suit celle-ci, de faire un rapport, selon la formule 5.3, comportant la désignation des biens saisis et indiquant le lieu où ils se trouvent et de le faire déposer auprès du greffier du tribunal;
c) de faire remettre, sur demande, un exemplaire du rapport au saisi et à toute autre personne qui, de l’avis du juge, semble avoir un droit sur les biens saisis.
Marginal note:2002, c. 13, s. 18
13 Paragraph 482.1(1)(b) of the Act is replaced by the following:
(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court; and
Marginal note:2019, c. 25, s. 188
14 Subsection 485(1.1) of the Act is replaced by the following:
Marginal note:When accused not appearing personally or in person
(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally or in person, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally or in person apply.
15 The Act is amended by adding the following after section 485.1:
Marginal note:Summons — Identification of Criminals Act
485.2 (1) A justice or judge may, on application in writing and on oath in Form 6.1, issue a summons, in Form 6.2, requiring an accused or offender to appear at a time and place stated in it for the purposes of the Identification of Criminals Act if
(a) the accused is charged with, or the offender has been determined to be guilty of, an offence referred to in paragraph 2(1)(c) of that Act;
(b) the accused or offender was previously required to appear for the purposes of that Act and the measurements, processes or operations referred to in that Act were not completed; and
(c) the justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional.
Marginal note:Limitation
(2) Subsection (1) applies in respect of an offender only if proceedings are ongoing in relation to the matter for which they were previously required to appear for the purposes of the Identification of Criminals Act and for which the sentencing proceedings have not concluded.
Marginal note:Reasons
(3) The application must state the reasons why the measurements, processes or operations were not completed.
Marginal note:Ex parte application
(4) A justice or judge may proceed ex parte to determine an application made under subsection (1).
Marginal note:Application — telecommunication
(5) The application may also be made by any means of telecommunication that produces a writing.
Marginal note:Alternative to oath
(6) A person who uses a means of telecommunication referred to in subsection (5) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the application are true to their knowledge and belief, and that statement is deemed to be a statement made under oath.
Marginal note:Contents of summons
(7) The summons must
(a) be directed to the accused or offender;
(b) set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; and
(c) set out a summary of subsection 145(3), section 512.1 and subsection 524(4).
Marginal note:Service of summons
(8) The summons must be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least 16 years of age.
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