Bill C-393
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-393 |
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An Act to amend the Criminal Code
(protection of witnesses)
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| R.S., c. C-46
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1. (1) Subsection 486(1.1) of the Criminal
Code is replaced by the following:
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| Protection of
witnesses
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(1.1) For the purposes of subsections (1) and
(2.3) and for greater certainty, the ``proper
administration of justice'' includes ensuring
that the interests of witnesses are safeguarded
in proceedings in which the accused is charged
with a sexual offence, an offence against any
of sections 271, 272 and 273 or an offence in
which violence against the person is alleged to
have been used, threatened or attempted.
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(2) Subsection 486(2.3) of the Act is
replaced by the following:
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| Accused not
to
cross-examine
witnesses
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(2.3) In proceedings referred to in
subsection (1.1), the accused shall not
personally cross-examine a witness unless the
presiding judge, provincial court judge or
justice is of the opinion that the proper
administration of justice requires the accused
to personally conduct the cross-examination
and, if the accused is not personally
conducting the cross-examination, the
presiding judge, provincial court judge or
justice shall appoint counsel for the purpose of
conducting the cross-examination.
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