S-414470-71Elizabeth II – 1 Charles III2021-2022An 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)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)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)202212
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17202291069SUMMARYThis enactment amends the Criminal Code to, among other things,allow for the use of electronic or other automated means for the purposes of the jury selection process;expand, for the accused and offenders, the availability of remote appearances by audioconference and videoconference in certain circumstances;provide for the participation of prospective jurors in the jury selection process by videoconference in certain circumstances;expand the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused not represented by counsel;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; andreplace 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
2019, c. 25, s. 1(3)The definition summons in section 2 of the Criminal Code is replaced by the following: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)
1995, c. 39, s. 139The portion of subsection 117.04(3) of the Act before paragraph (a) is replaced by the following:Report to justiceA 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
1995, c. 39, s. 139Subsection 117.05(1) of the Act is replaced by the following:
Application for dispositionIf 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.
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:fails, without lawful excuse, to comply with an order made under section 515.01.
1993, c. 40, s. 1(1)The definition authorization in section 183 of the Act is replaced by the following:authorization means an authorization to intercept a private communication given under subsection 184.2(3), section 186 or subsection 188(2); (autorisation)
1993, c. 40, s. 4Section 184.3 of the Act is replaced by the following:
Application — telecommunication producing writingA person who is permitted to make one of the following applications may submit their application by a means of telecommunication that produces a writing:an application for an authorization under subsection 184.2(2), 185(1), 186(5.2) or 188(1);an application for an extension under subsection 185(2), 196(2) or 196.1(2);an application to renew an authorization under subsection 186(6).SealingA 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).Application — telecommunication not producing writingDespite 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.Statement of circumstancesAn 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.OathAny 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.Recording and sealingA 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.LimitationIf 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.Giving authorization, etc.A judge who gives the authorization, extension or renewal may do so by a means of telecommunication, in which casethe judge shall complete and sign the document in question, noting on its face the time and date;if the means of telecommunication produces a writing, the judge shall transmit a copy of the document to the applicant by that means;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; andthe 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).
Subsection 185(4) of the Act is replaced by the following:If extension not grantedIf 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.
1993, c. 40, s. 7Subsection 187(1.1) of the Act is replaced by the following:ExceptionAn 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.1993, c. 40, s. 7Subsection 187(3) of the Act is replaced by the following:Order of judgeAn 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.
2019, c. 25, s. 66Section 188.1 of the Act is replaced by the following:
Execution in CanadaAn 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.
2018, c. 21, s. 15The portion of subsection 320.29(1) of the Act before paragraph (a) is replaced by the following:
Warrants to obtain blood samplesA 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
2018, c. 21, s. 15Subsections 320.29(2) and (3) of the Act are replaced by the following:FormA warrant issued under subsection (1) may be in Form 5, varied to suit the case.2018, c. 21, s. 15Subsection 320.29(5) of the Act is replaced by the following:Copy to personIf 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.
The portion of subsection 395(2) of the Act before paragraph (a) is replaced by the following:Power to seizeIf, 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
R.S., c. 42 (4th Supp.), s. 2The portion of subsection 462.32(4) of the French version of the Act before paragraph (a) is replaced by the following:Rapport d’exécutionLa personne qui exécute un mandat décerné en vertu du présent article est tenue, à la fois :R.S., c. 42 (4th Supp.), s. 2; 2017, c. 7, s. 57(F)Paragraph 462.32(4)(a) of the Act is replaced by the following: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:a copy of the warrant, anda 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;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;R.S., c. 42 (4th Supp.), s. 2Paragraphs 462.32(4)(b) and (c) of the French version of the Act are replaced by the following: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;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.
2002, c. 13, s. 18Paragraph 482.1(1)(b) of the Act is replaced by the following:permitting personnel of the court to deal with administrative matters relating to proceedings out of court; and
2019, c. 25, s. 188Subsection 485(1.1) of the Act is replaced by the following:When accused not appearing personally or in personJurisdiction 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.
The Act is amended by adding the following after section 485.1:
Summons — Identification of Criminals ActA 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 ifthe 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;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; andthe justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional.LimitationSubsection (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.ReasonsThe application must state the reasons why the measurements, processes or operations were not completed.Ex parte applicationA justice or judge may proceed ex parte to determine an application made under subsection (1).Application — telecommunicationThe application may also be made by any means of telecommunication that produces a writing.Alternative to oathA 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.Contents of summonsThe summons mustbe directed to the accused or offender;set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; andset out a summary of subsection 145(3), section 512.1 and subsection 524(4).Service of summonsThe 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.
R.S., c. 27 (1st Supp.), s. 68(2)Paragraph 487(1)(e) of the Act is replaced by the following:subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect of it to, a justice in accordance with section 489.1.
1997, c. 18, s. 42(2)Subsection 487.01(7) of the Act is repealed.
2019, c. 25, s. 195Section 487.02 of the Act is replaced by the following:
Assistance orderIf an authorization is given under section 184.2, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.TelecommunicationIf the authorization is given or the warrant is issued by a means of telecommunication under section 184.3 or 487.1, the order to provide assistance may be issued by a means of telecommunication and, in that case, section 184.3 or 487.1, as the case may be, applies with respect to the order.
2019, c. 25, s. 196.1(2)Subparagraph (c)(iv.4) of the definition secondary designated offence in section 487.04 of the Act is repealed.
1997, c. 18, s. 44Subsection 487.05(3) of the Act is repealed.
1997, c. 18, s. 45Subsection 487.092(4) of the Act is repealed.
R.S, c. 27 (1st Supp.), s. 69; 1994, c. 44, ss. 37(1) to (3) and (5) to (7); 2014, c. 31, s. 21; 2018, c. 21, s. 19Section 487.1 of the Act and the heading before it are replaced by the following:Other Provisions Respecting Warrants and Orders
Duty of person executing certain warrantsA person who executes a warrant issued under subsection 117.04(1), 199(1), 395(1) or 487(1) shall, 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:a copy of the warrant, anda notice in Form 5.1 setting out the address of the court before which anything seized during the execution may be brought or from which a copy of a report on anything so seized may be obtained;affix the copy and the notice in a prominent location within the building or place or on or next to the receptacle, if there is no person present and ostensibly in control of the building, receptacle or place; orgive the copy and the notice to the person to be searched, if the warrant is issued under subsection 395(1) for the search of a person.ExceptionSubsection (1) does not apply if the warrant authorizes the search of anything that is detained under this Act after it has been lawfully seized.
Warrants, etc., by telecommunicationDespite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:a warrant under subsection 83.222(1);an order under subsection 83.223(1);a warrant under subsection 117.04(1);a warrant under subsection 164(1);an order under subsection 164.1(1);a warrant under subsection 320(1);an order under subsection 320.1(1);a warrant under subsection 320.29(1);a warrant under subsection 395(1);a warrant under subsection 462.32(1);an order under subsection 462.33(3);a warrant under subsection 487(1);a warrant under subsection 487.01(1) that does not authorize the observation of a person by means of a television camera or other similar electronic device;an extension under subsection 487.01(5.2);an order under any of sections 487.013 to 487.018;an order under subsection 487.019(3);an order under subsection 487.0191(1);an order under subsection 487.0191(4);a warrant under subsection 487.05(1);a warrant under subsection 487.092(1);an order under subsection 487.3(1);an order under subsection 487.3(4);a warrant under subsection 492.1(1);a warrant under subsection 492.1(2);an authorization under subsection 492.1(7);a warrant under subsection 492.2(1).Alternative to oathA person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.CertificationA judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.LimitationAn application under subsection 487.01(5.2) shall not be submitted by a means of telecommunication that does not produce a writing.Application — telecommunication not producing writingAn applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.Statement of circumstancesAn 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.OathAny 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.CertificationA judicial officer 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 certify the record or a transcription of it as to time, date and contents.Limitation on issuanceIf an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or 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.Warrant, etc.A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which casethe judicial officer shall complete and sign the document in question, noting on its face the time and date;if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; andif the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.DefinitionsThe following definitions apply in this section.judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). (fonctionnaire judiciaire)public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. (fonctionnaire public)
2005, c. 32, s. 16(1)The portion of section 487.2 of the Act before paragraph (a) is replaced by the following:
Restriction on publicationIf a search warrant is issued under section 487 or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to
1997, c. 18, s. 47The portion of section 488 of the Act before paragraph (a) is replaced by the following:
Execution of search warrantA warrant issued under section 487 shall be executed by day, unless
2017, c. 22, s. 3Subsection 488.01(2) of the Act is replaced by the following:Warrant, authorization and orderDespite any other provision of this Act, if an applicant for a warrant under section 487.01, 492.1 or 492.2, a search warrant under this Act, notably under section 487, an authorization under section 184.2, 186 or 188, or an order under any of sections 487.014 to 487.017 knows that the application relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, they shall make the application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.
R.S., c. 27 (1st Supp.), s. 72; 1997, c. 18, s. 49Section 489.1 of the Act is replaced by the following:
Restitution of thing or reportSubject to this or any other Act of Parliament, if a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,return the thing seized, on being issued a receipt for it, to the person lawfully entitled to its possession and report to a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued, if the peace officer is satisfied thatthere is no dispute as to who is lawfully entitled to possession of the thing seized, andthe continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; orbring the thing seized before a justice referred to in paragraph (a), or report to the justice that the thing has been seized and is being detained, to be dealt with in accordance with subsection 490(1), if the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii).Person other than peace officerSubject to this or any other Act of Parliament, if a person other than a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable and so that the thing seized may be dealt with in accordance with subsection 490(1),bring the thing before a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued; orreport to the justice referred to in paragraph (a) that the thing has been seized and is being detained.FormA report to a justice under this section shall be in Form 5.2, varied to suit the case.
R.S., c. 27 (1st Supp.), s. 70Subsection 492(1) of the Act is replaced by the following:
Seizure of explosivesEvery person who executes a warrant issued under section 487 may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2).
2019, c. 25, s. 215Subsection 500(3) of the Act is replaced by the following:Attendance for purposes of Identification of Criminals ActAn appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.
2019, c. 25, s. 215Subsection 501(4) of the Act is replaced by the following:Attendance for purposes of Identification of Criminals ActThe undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.
2019, c. 25, s. 216Subsection 502.1(1) of the English version of the Act is amended by replacing “personally” with “in person”.2019, c. 25, s. 216Subsections 502.1(4) and (5) of the English version of the Act are replaced by the following:ParticipantsA participant, as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate in person but may participate by audioconference or videoconference, if it is satisfactory to the justice.JusticeThe justice who is to preside at a proceeding under this Part shall preside in person but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.
1992, c. 47, s. 71; 1996, c. 7, s. 38Subsection 509(5) of the Act is replaced by the following:Attendance for purposes of Identification of Criminals ActA summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.
2019, c. 25, s. 225(2)Subsection 515(2.2) of the English version of the Act is replaced by the following:Appearance of the accusedIf, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear in person but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
The Act is amended by adding the following after section 515:
Attendance — Identification of Criminals ActWhen a release order is made under section 515, the judge or justice may also make an order, in Form 11.1, requiring the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is charged with an offence referred to in paragraph 2(1)(c) of that Act.
1997, c. 39, s. 2Section 529.5 of the Act is replaced by the following:
Means of telecommunicationAn application for a warrant under section 529.1 or an authorization under section 529 or 529.4 may be submitted, and the warrant or authorization may be issued, by a means of telecommunication, and section 487.1 applies for those purposes with any necessary modifications.
2019, c. 25, s. 242(1)Paragraph 537(1)(j) of the Act is replaced by the following:if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and2019, c. 25, s. 242(2)Subsection 537(1) of the Act is amended by striking out “and” at the end of paragraph (j.1) and by repealing paragraph (k).
2019, c. 25, s. 252(1)Subsections 555(1) and (1.1) of the Act are replaced by the following:
If charge should be prosecuted by indictmentIf in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.Election before justiceIf the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:You have the option to elect to be tried by a judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
2019, c. 25, s. 252(2)Paragraph 555(3)(a) of the Act is replaced by the following:if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
2002, c. 13, s. 49(2)Subsection 606(5) of the Act is repealed.
The Act is amended by adding the following after section 631:
Electronic or automated meansAny electronic or other automated means may be used to select jurors so long as the jurors would be randomly selected as required by the jury selection process described in subsections 631(1) to (5).
2003, c. 21, s. 12; 2019, c. 25, s. 274Subsections 650(1) to (1.2) of the Act are replaced by the following:
Accused to be presentSubject to subsections (1.1) and (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.231 to 715.241, by audioconference or videoconference.Appearance by counselThe court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.
1994, c. 44, s. 65Subsection 669.2(5) of the English version of the Act is replaced by the following:Where trial continuedWhere a trial is continued under subsection (4), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, if the prosecutor and the accused consent, any part of that evidence may be adduced again before the judge before whom the trial is continued.
2019, c. 25, s. 278Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
2019, c. 25, s. 402(14)Subsection 680(1) of the Act is replaced by the following:
Review by court of appealA decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,vary the decision; orsubstitute another decision that, in its opinion, should have been made.
2002, c. 13, s. 68The portion of subsection 688(2.1) of the English version of the Act before paragraph (a) is replaced by the following:Manner of appearanceIn the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant appearing in person,
2019, c. 25, s. 290Paragraph 714.1(b) of the English version of the Act is replaced by the following:the costs that would be incurred if the witness were to appear in person;
2019, c. 25, s. 292Section 715.21 of the English version of the Act is replaced by the following:
AttendanceExcept as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.
2019, c. 25, s. 292The heading before section 715.23 and sections 715.23 and 715.24 of the Act are replaced by the following:General
ReasonsIf the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.
CessationIf the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.
Accused and Offenders
Considerations — appearance by audioconference or videoconferenceBefore making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.231 to 715.241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, includingthe location and personal circumstances of the accused or offender;the costs that would be incurred if the accused or offender were to appear in person;the suitability of the location from where the accused or offender will appear;the accused’s or offender’s right to a fair and public hearing; andthe nature and seriousness of the offence.
Preliminary inquiryThe court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.
Trial — summary conviction offenceThe court may allow an accused to appear by videoconference at a trial for a summary conviction offenceif the accused is not in custody, with the consent of the accused and the prosecutor; andif the accused is in custody, with the consent of the accused.
Trial — indictable offenceThe court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.
PleaThe court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.LimitationThe court may allow the accused to appear by audioconference only if it is satisfied thatvideoconferencing is not readily available; andthe appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.1) despite the fact that the court would not be able to see the accused.
SentencingThe court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.LimitationThe court may allow the offender to appear by audioconference only if videoconferencing is not readily available.
Proceedings not expressly provided forIn any proceedings in respect of which this Act does not expressly authorize the court to allow an accused or offender to appear by audioconference or videoconference or limit or prohibit their appearance by those means, the court may allow the accused or offender to appear by either of those means.
Accused in custody — no evidence takenDespite sections 715.231 to 715.233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.
Conditions — no access to legal adviceDespite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.
Communication with counselAn accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.
2019, c. 25, s. 292Subsection 715.25(1) of the Act is replaced by the following:
Definition of participantIn this section, participant means any person, other than an accused, an offender, a witness, a juror, a judge or a justice, who may participate in a proceeding.
2019, c. 25, s. 292The portion of subsection 715.25(2) of the Act before paragraph (a) is replaced by the following:Participation by audioconference or videoconferenceExcept as otherwise provided in this Act, the court may allow a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including2019, c. 25, s. 292Paragraph 715.25(2)(b) of the English version of the Act is replaced by the following:the costs that would be incurred if the participant were to participate in person;2019, c. 25, s. 292Subsections 715.25(3) and (4) of the Act are repealed.
The Act is amended by adding the following after section 715.26:Prospective Jurors
Definition of prospective jurorIn this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX.Participation by videoconferenceThe court may, with the consent of the prosecutor and the accused, allow or require any or all prospective jurors to participate in the jury selection process by videoconference if the court is of the opinion that it would be appropriate having regard to all the circumstances, includingthe challenges related to the in-person participation of prospective jurors;the nature of the participation;the suitability of the location from where the prospective jurors will participate;the privacy and security of the prospective jurors;the accused’s right to a fair and public hearing; andthe nature and seriousness of the offence.Location providedThe court may require prospective jurors to participate by videoconference only if the court has approved a location that will be provided for their participation where the technology for videoconferencing is available.No location providedThe court shall give prospective jurors the option to participate in person if it allows for their participation by videoconference but no location approved by the court is provided for their participation by those means.
1999, c. 5, s. 41(1)Paragraph 742.6(1)(f) of the Act is replaced by the following:any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender.Section 742.6 of the Act is amended by adding the following after subsection (1):Warrant — means of telecommunicationA warrant may be issued under paragraph (1)(f) by a means of telecommunication, and the provisions in section 487.1 on the issuance of a warrant apply for those purposes, with any necessary modifications.
2002, c. 13, s. 77Section 774.1 of the English version of the Act is replaced by the following:
Appearance in person — habeas corpusDespite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear in court in person.
2019, c. 25, s. 314Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:an order made under subsection 109(1) or 110(1), section 320.24, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
2011, c. 16, s. 16Section 795 of the Act is replaced by the following:
Application of Parts XVI, XVIII, XVIII.1, XX, XX.1 and XXII.01The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, the provisions of Parts XVIII.1, XX and XX.1, insofar as they are not inconsistent with this Part, and the provisions of Part XXII.01, apply, with any necessary modifications, to proceedings under this Part.
Subsection 800(2) of the French version of the Act is replaced by the following:Avocat ou représentantUn défendeur peut comparaître personnellement ou par l’entremise d’un avocat ou représentant, mais la cour des poursuites sommaires peut exiger que le défendeur comparaisse personnellement et, si elle le juge à propos, décerner un mandat selon la formule 7 pour l’arrestation du défendeur, et ajourner le procès en attendant sa comparution en application du mandat.2019, c. 25, s. 317Subsection 800(2.1) of the Act is repealed.
2019, c. 25, s. 324(1)Subsection 817(2) of the French version of the Act is replaced by the following:ConditionsL’engagement contracté en vertu du présent article est subordonné à la condition que le poursuivant comparaisse personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu.
2002, c. 13, s. 84The heading after section 847 of the Act is repealed.
2007, c. 22, s. 23; 2018, c. 16, s. 224, c. 21, s. 29; 2019, c. 25, s. 331(2)(E)Paragraph (b) of Form 5.04 of Part XXVIII of the Act is replaced by the following:has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was a secondary designated offence within the meaning of section 487.04 of the Criminal Code;
R.S., c. 27 (1st Supp.), s. 184(3); R.S., c. 1 (4th Supp.), s. 17; 2018, c. 21, ss. 30 and 31Forms 5.1 and 5.2 of Part XXVIII of the Act are replaced by the following:(Subsection 320.29(5) and subparagraphs 462.32(4)(a)(ii) and 487.093(1)(a)(ii))Notice — Execution of Search WarrantA warrant under section (section of the Criminal Code under which the warrant is issued) has been executed (at location or on name of person) on (date).If anything is seized during the execution of the warrant, the things that were seized may be brought before the court at (address). However, if the peace officer, public officer or other person who executed the warrant filed with that court a report on the things that were seized, you may obtain a copy of the report from the clerk of that court. The report will indicate the things that were seized and the location at which they are being held.(Subsection 489.1(3))Report to a JusticeCanada,Province of ,(territorial division).To a justice having jurisdiction in respect of the matter and jurisdiction in the province in which the warrant referred to below was issued (or, if no warrant was issued, a justice having jurisdiction in respect of the matter).I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under the Criminal Code, under section 487.11 or 489 of the Criminal Code, or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)searched the premises situated at ; andseized the following things and dealt with them as follows:Thing Seized(describe each thing seized)Disposition(state, in respect of each thing seized, whetherit was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; orit is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom it is being detained.)1. 2. 3. 4.
Signed on (date), at (place).(Signature of peace officer or other person)
Part XXVIII of the Act is amended by adding the following after Form 6:(Subsection 485.2(1))Application for a Summons under Section 485.2Canada,Province of (territorial division)I (name), (occupation), of in (territorial division), apply for the issuance of a summons under section 485.2 of the Criminal Code requiring (name of accused or offender) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act.(Name of accused or offender) was previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) in relation to (set out briefly the offence in respect of which the accused or offender was previously required to appear).(Check if applicable) The offence which is currently the subject of the proceedings, namely (set out briefly the offence for which the accused is currently charged or the offender has been determined to be guilty) is different from the offence listed above, but stems from the same matter for which the accused or offender was previously required to appear under that Act, and is an offence referred to in paragraph 2(1)(c) of that Act.The measurements, processes and operations referred to in that Act were not completed for the following reason(s):(set out reason(s))Sworn before me on (date), at (place).(Signature of applicant)(Signature of judge, justice or clerk of the court)(Subsection 485.2(1))Summons to Appear for the Purposes of the Identification of Criminals ActCanada,Province of (territorial division)To (name of person), of , born on (date of birth):Because you were previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) and the measurements, processes and operations referred to in that Act were not completed for exceptional reasons;You are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act in relation to (set out briefly the offence in respect of which the accused was charged or the offender has been determined to be guilty).You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required in this summons.If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.If you are on interim release and do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).Signed on (date), at (place).(Signature of judge, justice or clerk of the court)(Name of the judge or justice)
2019, c. 25, s. 337Item 3 of Form 10 of Part XXVIII of the Act is replaced by the following:Alleged offence(s)(set out briefly the offence(s) which the accused is alleged to have committed)
Part XXVIII of the Act is amended by adding the following after Form 11:(Section 515.01)Order to Appear for the Purposes of the Identification of Criminals ActCanada,Province of (territorial division)IdentificationSurname: Given name(s): Date of birth: Contact InformationCharge(s)(set out briefly the offence in respect of which the accused was charged)Appearance for the purposes of the Identification of Criminals ActYou are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.Consequence for non-complianceYou are warned that, unless you have a lawful excuse, it is an offence under subsection 145(2) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required by this order.If you commit an offence under subsection 145(2) of the Criminal Code, a warrant for your arrest may be issued (section 512, 512.2 or 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.If you do not comply with this order you may be arrested and the release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).SignaturesSigned on (date), at (place).(Signature of judge, justice or clerk of the court)(Name of the judge or justice)
2019, c. 25, s. 348(3)Paragraph (m) under the heading “Liste de conditions” in Form 32 of Part XXVIII of the French version of the Act is replaced by the following:Comparaître, personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu (articles 817 et 832 du Code criminel);
R.S., c. I-1Identification of Criminals Act
1992, c. 47, s. 74(1); 1996, c. 7, s. 39Subparagraph 2(1)(a)(i) of the Identification of Criminals Act is replaced by the following:an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or2019, c. 25, s. 388(1)Paragraph 2(1)(a) of the Act is amended by striking out “or” at the end of subparagraph 2(1)(a)(ii) and by repealing subparagraph 2(1)(a)(iii).2019, c. 25, s. 388(2)Paragraph 2(1)(c) of the Act is replaced by the following:any person who is required under subsection 485.2(1), 500(3), 501(4) or 509(5) or section 515.01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that isan offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, oran offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; or
Related AmendmentsR.S., c. F-27Food and Drugs Act
2019, c. 29, s. 170Subsection 23(12) of the Food and Drugs Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (10) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
R.S., c. H-3Hazardous Products Act
2014, c. 20, s. 123Subsection 22.1(4) of the Hazardous Products Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
R.S., c. P-14Pilotage Act
2019, c. 29, s. 252Subsection 46.13(4) of the Pilotage Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
1996, c. 19Controlled Drugs and Substances Act
Section 11 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (3):Duty of peace officer executing warrantSection 487.093 of the Criminal Code, other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1).
1997, c. 13; 2018, c. 9, s. 2Tobacco and Vaping Products Act
2018, c. 9, s. 45Subsection 36(4) of the Tobacco and Vaping Products Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2000, c. 9Canada Elections Act
2018, c. 31, s. 122Subsection 175(9) of the Canada Elections Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2002, c. 28Pest Control Products Act
2016, c. 9, s. 46(2)Subsection 49(4) of the Pest Control Products Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2009, c. 24Human Pathogens and Toxins Act
Subsection 42(4) of the Human Pathogens and Toxins Act is replaced by the following:Means of telecommunicationAn application for a warrant may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2010, c. 21Canada Consumer Product Safety Act
Subsection 22(4) of the Canada Consumer Product Safety Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2012, c. 24Safe Food for Canadians Act
Subsection 26(4) of the Safe Food for Canadians Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
2018, c. 16Cannabis Act
Subsection 86(10) of the Cannabis Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
Section 87 of the Act is amended by adding the following after subsection (3):Duty of peace officer executing warrantSection 487.093 of the Criminal Code, other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1).
2019, c. 1Wrecked, Abandoned or Hazardous Vessels Act
Subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act is replaced by the following:Means of telecommunicationAn application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
Transitional Provisions
Clarification — immediate applicationFor greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Continuation — authorizations and warrantsThe Criminal Code, as it read immediately before the day on which this Act comes into force, continues to apply with respect toan authorization given under section 184.3 of the Criminal Code before that day;a warrant issued under section 487.1 of that Act before that day;any other warrant issued before that day to which that section 487.1, as it read immediately before that day, applied;an application for an authorization or warrant referred to in any of paragraphs (a) to (c) that is submitted, and in respect of which no decision has been made, before that day; andany authorization that is given or warrant that is issued on or after that day on the basis of an application referred to in paragraph (d).Certain applications for warrantsEach of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:subsection 23(12) of the Food and Drugs Act;subsection 22.1(4) of the Hazardous Products Act;subsection 46.13(4) of the Pilotage Act;subsection 36(4) of the Tobacco and Vaping Products Act;subsection 175(9) of the Canada Elections Act;subsection 49(4) of the Pest Control Products Act;subsection 42(4) of the Human Pathogens and Toxins Act;subsection 22(4) of the Canada Consumer Product Safety Act;subsection 26(4) of the Safe Food for Canadians Act;subsection 86(10) of the Cannabis Act;subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act.
Continuation — section 489.1 of Criminal CodeSection 489.1 of the Criminal Code, as that section read immediately before the day on which this Act comes into force, continues to apply with respect to anything seized under a warrant issued under the Criminal Code or another Act of Parliament if the application for the warrant was made before that day.
Independent Review
Impact of remote proceedingsThe Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.ReportThe Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Review of Act
Review by committeeAt the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.ReportThe committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Coming into Force
30th day after royal assentThis Act comes into force on the 30th day after the day on which it receives royal assent.