Bill C-36

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
	The House of Commons of Canada
	BILL C-36
	An Act to amend the Criminal Code (criminal harassment, home invasions, applications for ministerial review - miscarriages of justice, and criminal procedure) and to amend other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46	CRIMINAL CODE
	1. The Criminal Code is amended by adding the following before section 4:
Effect of judicial acts	3.1 Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing.
1999, c. 35, s. 11	2. Paragraph 7(2.31)(b) of the English version of the Act is replaced by the following:
	(b) is committed on or in relation to, or damages , a flight element provided by Canada.
1993, c. 45, s. 2	3. Paragraph 264(3)(a) of the Act is replaced by the following:
	(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
	4. The Act is amended by adding the following after section 348:
Aggravating circums- tance - home invasion	348.1 Where a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,
	(a) knew that or was reckless as to whether the dwelling-house was occupied; and
	(b) used violence or threats of violence to a person or property.
R.S., c. 27 (1st Supp.), s. 66(1)	5. (1) Subsection 482(2) of the Act is replaced by the following:
Power to make rules	(2) The following courts may , subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII , action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
	(a) every court of criminal jurisdiction for a province;
	(b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);
	(c) the Ontario Court of Justice;
	(d) the Court of Quebec and every municipal court in the Province of Quebec;
	(e) the Provincial Court of Nova Scotia;
	(f) the Provincial Court of New Brunswick;
	(g) the Provincial Court of Manitoba;
	(h) the Provincial Court of British Columbia;
	(i) the Provincial Court of Prince Edward Island;
	(j) the Provincial Court of Saskatchewan;
	(k) the Provincial Court of Alberta;
	(l) the Provincial Court of Newfoundland;
	(m) the Territorial Court of Yukon;
	(n) the Territorial Court of the Northwest Territories; and
	(o) the Nunavut Court of Justice.
R.S., c. 27 (1st Supp.), s. 66(3)	(2) Paragraph 482(3)(c) of the Act is replaced by the following:
	(c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
	6. The Act is amended by adding the following after section 482:
Power to make rules respecting case management	482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules
	(a) for the determination of any matter that would assist the court in effective and efficient case management;
	(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and
	(c) establishing case management schedules.
Compliance with directions	(2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).
Summons or warrant	(3) Where rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.
Provisions to apply	(4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Approval of lieutenant governor in council	(5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.
Subsections 482(4) and (5) to apply	(6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
1997, c. 18, s. 40	7. Subsection 485(1.1) of the Act is replaced by the following:
When accused not present	(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2) , paragraph 537(1)(j), (j.1) or (k) , subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.
R.S., c. 27 (1st Supp.), s. 78(1)	8. The portion of subsection 507(1) of the Act before paragraph (a) is replaced by the following:
Justice to hear informant and witnesses - public prosecutions	507. (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General's agent , other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,
	9. The Act is amended by adding the following after section 507:
Referral when private prosecution	507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.
Summons or warrant	(2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.
Conditions for issuance	(3) The judge or designated justice may issue a summons or warrant only if he or she
	(a) has heard and considered the allegations of the informant and the evidence of witnesses;
	(b) is satisfied that the Attorney General has received a copy of the information;
	(c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and
	(d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing.
Appearance of Attorney General	(4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.
Information deemed not to have been laid	(5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.
Information deemed not to have been laid - proceedings commenced	(6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.
New evidence required for new hearing	(7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held.
Subsections 507(2) to (8) to apply	(8) Subsections 507(2) to (8) apply to proceedings under this section.
Non- application - informations laid under sections 810 and 810.1	(9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.
Meaning of ``designa- ted justice''	(10) In this section, ``designated justice'' means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.
1997, c. 39, s. 2	10. Paragraph 529.1(b) of the Act is replaced by the following:
	(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 ; or
R.S., c. 27 (1st Supp.), s. 96	11. Section 535 of the Act is replaced by the following:
Inquiry by justice	535. If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3) , the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
R.S., c. 27 (1st Supp.), s. 96	12. (1) Subsection 536(2) of the Act is replaced by the following:
Election before justice in certain cases	(2) If an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
	You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may 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 or the prosecutor requests one. How do you elect to be tried?
R.S., c. 27 (1st Supp.), s. 96	(2) Subsection 536(4) of the Act is replaced by the following:
Request for preliminary inquiry	(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury , the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice , hold a preliminary inquiry into the charge.
Procedure if accused elects trial by judge alone or by judge and jury or deemed election	(4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
	(a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
	(b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Preliminary inquiry if two or more accused	(4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.
When no request for preliminary inquiry	(4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.
1999, c. 3, s. 35	13. Subsections 536.1(2) to (5) of the Act are replaced by the following:
Election before justice in certain cases - Nunavut	(2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, 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 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 or the prosecutor requests one. How do you elect to be tried?
Request for preliminary inquiry - Nunavut	(3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury , the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice , hold a preliminary inquiry into the charge.
Procedure if accused elects trial by judge alone or by judge and jury or deemed election	(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand a statement showing
	(a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and
	(b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Bill C-36

BILL C-36

CRIMINAL CODE