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)
Full Document:
Assented to 2001-12-18
Marginal note:1997, c. 23, s. 15
34. (1) Paragraphs 490.5(1)(a) and (b) of the Act are replaced by the following:
(a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,
(b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or
Marginal note:1997, c. 23, s. 15
(2) Paragraph 490.5(4)(a) of the Act is replaced by the following:
(a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and
Marginal note:1997, c. 23, s. 15
35. (1) Paragraph 490.8(2)(a) of the Act is replaced by the following:
(a) the indictable offence to which the offence-related property relates;
Marginal note:1997, c. 23, s. 15
(2) Subsection 490.8(3) of the Act is replaced by the following:
Marginal note:Restraint order
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.
Marginal note:Property outside Canada
(3.1) A restraint 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
(3) Paragraph 490.8(8)(a) of the Act is replaced by the following:
(a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or
36. The Act is amended by adding the following after section 490.8:
Marginal note:Management order
490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Marginal note:Appointment of Minister of Public Works and Government Services
(2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Marginal note:Power to manage
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
Marginal note:Application for destruction order
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Marginal note:Notice
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Marginal note:Order
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
Marginal note:When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Marginal note:Application to vary conditions
(9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).
37. (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b):
(b.1) an offence under section 423.1 (intimidation of a justice system participant),
Marginal note:1999, c. 25, s. 8(4)
(2) The portion of subsection 515(4.2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Additional conditions
(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence described in section 264 or 423.1 or an offence in the commission of which violence against a person was used, threatened or attempted, the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order
Marginal note:1997, c. 23, s. 16
(3) Subparagraph 515(6)(a)(ii) of the Act is replaced by the following:
(ii) that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,
Marginal note:1992, c. 41, s. 1; 1998, c. 9, s. 5
38. Subsections 631(3) to (5) of the Act are replaced by the following:
Marginal note:To be drawn by clerk of court
(3) The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by where
(a) the array of jurors is not challenged; or
(b) the array of jurors is challenged but the judge does not direct a new panel to be returned.
Marginal note:Where name not to be called
(3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.
Marginal note:Juror and other persons to be sworn
(4) The clerk of the court shall swear each member of the jury in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.
Marginal note:Drawing additional cards if necessary
(5) Where the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors are sworn.
Marginal note:Ban on publication, etc.
(6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.
Marginal note:1992, c. 41, s. 2
39. The portion of section 632 of the Act before paragraph (a) is replaced by the following:
Marginal note:Excusing jurors
632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of
Marginal note:1992, c. 41, s. 2
40. Section 633 of the Act is replaced by the following:
Marginal note:Stand by
633. The judge may direct a juror who has been called pursuant to subsection 631(3) or (3.1) to stand by for reasons of personal hardship or any other reasonable cause.
Marginal note:1992, c. 41, s. 3
41. Section 641 of the Act is replaced by the following:
Marginal note:Calling jurors who have stood by
641. (1) Where a full jury has not been sworn and no cards remain to be drawn, the cards of those who have been directed to stand by shall be drawn again in the order in which their cards were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.
Marginal note:Other jurors becoming available
(2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the cards of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the jurors who were originally directed to stand by are called again.
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