Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-06 and last amended on 2018-12-18. Previous Versions

PART XXII.1Remediation Agreements (continued)

Marginal note:Variation order

 On application by the prosecutor, the court must, by order, approve any modification to a remediation agreement if the court is satisfied that the agreement continues to meet the conditions set out in subsection 715.37(6). On approval, the modification is deemed to form part of the agreement.

  • 2018, c. 12, s. 404

Marginal note:Termination order

  •  (1) On application by the prosecutor, the court must, by order, terminate the agreement if it is satisfied that the organization has breached a term of the agreement.

  • Marginal note:Recommencement of proceedings

    (2) As soon as the order is made, proceedings stayed in accordance with subsection 715.37(7) may be recommenced, without a new information or a new indictment, as the case may be, by the prosecutor giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered.

  • Marginal note:Stay of proceedings

    (3) If no notice is given within one year after the order is made under subsection (1), or before the expiry of the time within which the proceedings could have been commenced, whichever is earlier, the proceedings are deemed never to have been commenced.

  • 2018, c. 12, s. 404

Marginal note:Order declaring successful completion

  •  (1) On application by the prosecutor, the court must, by order, declare that the terms of the agreement were met if it is satisfied that the organization has complied with the agreement.

  • Marginal note:Stay of proceedings

    (2) The order stays the proceedings against the organization for any offence to which the agreement applies, the proceedings are deemed never to have been commenced and no other proceedings may be initiated against the organization for the same offence.

  • 2018, c. 12, s. 404

Marginal note:Deadline

  •  (1) The prosecutor must, as soon as practicable after the deadline referred to in paragraph 715.34(1)(p), apply to the court in writing for a variation order under section 715.38, including to extend the deadline, an order terminating the agreement under section 715.39 or an order under section 715.4 declaring that its terms were met and the court may issue any of these orders as it deems appropriate.

  • Marginal note:Deeming

    (2) The agreement is deemed to remain in force until a court issues an order terminating it or declaring that its terms were met.

  • 2018, c. 12, s. 404

Marginal note:Publication

  •  (1) Subject to subsection (2), the following must be published by the court as soon as practicable:

    • (a) the remediation agreement approved by the court;

    • (b) an order made under any of sections 715.37 to 715.41 and the reasons for that order or the reasons for the decision not to make that order; and

    • (c) a decision made under subsection (2) or (5) and the reasons for that decision.

  • Marginal note:Decision not to publish

    (2) The court may decide not to publish the agreement or any order or reasons referred to in paragraph (1)(b), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice.

  • Marginal note:Factors to be considered

    (3) To decide whether the proper administration of justice requires making the decision referred to in subsection (2), the court must consider

    • (a) society’s interest in encouraging the reporting of offences and the participation of victims in the criminal justice process;

    • (b) whether it is necessary to protect the identity of any victims, any person not engaged in the wrongdoing and any person who brought the wrongdoing to the attention of investigative authorities;

    • (c) the prevention of any adverse effect to any ongoing investigation or prosecution;

    • (d) whether effective alternatives to the decision referred to in subsection (2) are available in the circumstances;

    • (e) the salutary and deleterious effects of making the decision referred to in subsection (2); and

    • (f) any other factor that the court considers relevant.

  • Marginal note:Conditions

    (4) The court may make its decision subject to any conditions that it considers appropriate, including a condition related to the duration of non-publication.

  • Marginal note:Review of decision

    (5) On application by any person, the court must review the decision made under subsection (2) to determine whether the non-publication continues to be necessary for the proper administration of justice. If the court is satisfied that the non-publication is no longer necessary, it must publish the agreement, order or reasons, as the case may be, in whole or in part, as soon as practicable.

  • 2018, c. 12, s. 404, c. 27, s. 686

Marginal note:Regulations

  •  (1) On the recommendation of the Minister of Justice, the Governor in Council may make regulations generally for the purposes of carrying out this Part, including regulations respecting

    • (a) the form of the remediation agreement; and

    • (b) the verification of compliance by an independent monitor, including

      • (i) the qualifications for monitors,

      • (ii) the process to select a monitor,

      • (iii) the form and content of a conflict of interest notification, and

      • (iv) reporting requirements.

  • Marginal note:Amendment of schedule

    (2) On the recommendation of the Minister of Justice, the Governor in Council may, by order, amend the schedule by adding or deleting any offence to which a remediation agreement may apply.

  • Marginal note:Deleting offence

    (3) If the Governor in Council orders the deletion of an offence from the schedule to this Part, this Part continues to apply to an organization alleged to have committed that offence if a notice referred to in section 715.33 respecting that offence was sent to the organization before the day on which the order comes into force.

  • 2018, c. 12, s. 404

PART XXIIISentencing

Interpretation

Marginal note:Definitions

 In this Part,

accused

accused includes a defendant; (accusé)

alternative measures

alternative measures means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or over and alleged to have committed an offence; (mesures de rechange)

court

court means

  • (a) a superior court of criminal jurisdiction,

  • (b) a court of criminal jurisdiction,

  • (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or

  • (d) a court that hears an appeal; (tribunal)

fine

fine includes a pecuniary penalty or other sum of money, but does not include restitution. (amende)

  • R.S., 1985, c. C-46, s. 716
  • R.S., 1985, c. 27 (1st Supp.), s. 154
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 29(E)

Alternative Measures

Marginal note:When alternative measures may be used

  •  (1) Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met:

    • (a) the measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;

    • (b) the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society and of the victim;

    • (c) the person, having been informed of the alternative measures, fully and freely consents to participate therein;

    • (d) the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel;

    • (e) the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed;

    • (f) there is, in the opinion of the Attorney General or the Attorney General’s agent, sufficient evidence to proceed with the prosecution of the offence; and

    • (g) the prosecution of the offence is not in any way barred at law.

  • Marginal note:Restriction on use

    (2) Alternative measures shall not be used to deal with a person alleged to have committed an offence if the person

    • (a) denies participation or involvement in the commission of the offence; or

    • (b) expresses the wish to have any charge against the person dealt with by the court.

  • Marginal note:Admissions not admissible in evidence

    (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.

  • Marginal note:No bar to proceedings

    (4) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, if a charge is laid against that person in respect of that offence,

    • (a) where the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court shall dismiss the charge; and

    • (b) where the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s performance with respect to the alternative measures.

  • Marginal note:Laying of information, etc.

    (5) Subject to subsection (4), nothing in this section shall be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law.

  • R.S., 1985, c. C-46, s. 717
  • 1995, c. 22, s. 6
 
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