An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)

Marginal note:1997, c. 23, s. 11

28. Section 467.2 of the Act is replaced by the following:

• 29. (1) Section 486 of the Act is amended by adding the following after subsection (1.4):

  • Marginal note:Protection of justice system participants

    (1.5) For the purposes of subsection (1) and for greater certainty, the “proper administration of justice” includes ensuring the protection of justice system participants who are involved in the proceedings.

• Marginal note:1997, c. 16, ss. 6(2) and (3)

  (2) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:

  • Marginal note:Testimony outside court room

    (2.101) Notwithstanding section 650, where an accused is charged with an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, the presiding judge or justice, as the case may be, may order that any witness testify

    • (a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and

    • (b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.

  • Marginal note:Same procedure for opinion

    (2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

  • Marginal note:Condition of exclusion

    (2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

• Marginal note:1999, c. 25, s. 2(3)

  (3) Subsection 486(4.1) of the Act is replaced by the following:

  • Marginal note:Ban on publication, etc.

    (4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness — or, in the case of an offence under section 423.1 or a criminal organization offence, the identity of a justice system participant who is involved in the proceedings — or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

• Marginal note:1999, c. 25, s. 2(3)

  (4) Paragraphs 486(4.7)(b) to (e) of the Act are replaced by the following:

  • (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;

  • (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

  • (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

  • (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

• Marginal note:1999, c. 25, s. 2(3)

  (5) Paragraph 486(4.9)(c) of the Act is replaced by the following:

  • (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

Marginal note:1997, c. 23, s. 15

• 30. (1) The portion of subsection 490.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Order of forfeiture of property on conviction

  • 490.1 (1) Subject to sections 490.3 to 490.41, where a person is convicted of an indictable offence under this Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

• Marginal note:1997, c. 23, s. 15

  (2) Subsections 490.1(2) and (3) of the Act are replaced by the following:

  • Marginal note:Property related to other offences

    (2) Subject to sections 490.3 to 490.41, where the evidence does not establish to the satisfaction of the court that the indictable offence under this Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Appeal

    (3) A person who has been convicted of an indictable offence under this Act or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

Marginal note:1997, c. 23, s. 15

• 31. (1) Subsections 490.2(1) and (2) of the Act are replaced by the following:

  Marginal note:Application for in rem forfeiture

  • 490.2 (1) Where an information has been laid in respect of an indictable offence under this Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 490.3 to 490.41, where an application is made to a judge under subsection (1) and the judge is satisfied

    • (a) beyond a reasonable doubt that any property is offence-related property,

    • (b) that proceedings in respect of an indictable offence under this Act in relation to the property referred to in paragraph (a) were commenced, and

    • (c) that the accused charged with the offence has died or absconded,

    the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

• Marginal note:1997, c. 23, s. 15

  (2) The portion of subsection 490.2(3) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Accused deemed absconded

    (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if

• Marginal note:1997, c. 23, s. 15

  (3) Paragraph 490.2(3)(a) of the French version of the Act is replaced by the following:

  • a) elle a fait l’objet d’une dénonciation l’accusant de l’acte criminel;

• (4) Section 490.2 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Property outside Canada

    (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:1997, c. 23, s. 15

• 32. (1) Paragraph 490.4(2)(c) of the Act is replaced by the following:

  • (c) set out the offence charged and a description of the property.

• Marginal note:1997, c. 23, s. 15

  (2) Paragraph 490.4(3)(a) of the Act is replaced by the following:

  • (a) a person who was charged with an indictable offence under this Act, or

33. The Act is amended by adding the following after section 490.4: