Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)
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Assented to 2002-06-04
PART XXI.1APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE
Marginal note:Considerations
696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including
(a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV;
(b) the relevance and reliability of information that is presented in connection with the application; and
(c) the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy.
Marginal note:Annual report
696.5 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part.
Marginal note:Regulations
696.6 The Governor in Council may make regulations
(a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part;
(b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and
(c) respecting the form and content of the annual report under section 696.5.
72. Section 715 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception
(4) Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7).
Marginal note:1995, c. 22, s. 6
73. Section 731.1 of the Act is replaced by the following:
Marginal note:Firearm, etc., prohibitions
731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable.
Marginal note:Application of section 109 or 110
(2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 109 or 110.
Marginal note:1995, c. 22, s. 6
74. Section 734.3 of the Act is replaced by the following:
Marginal note:Change in terms of order
734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section.
Marginal note:1995, c. 22, s. 6
75. Section 742.2 of the Act is replaced by the following:
Marginal note:Firearm, etc., prohibitions
742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable.
Marginal note:Application of section 109 or 110
(2) For greater certainty, a condition of a conditional sentence referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.
Marginal note:1997, c. 17, s. 4
76. Paragraph 753.1(2)(a) of the Act is replaced by the following:
(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), subsection 163.1(3) (distribution, etc., of child pornography), subsection 163.1(4) (possession of child pornography), subsection 163.1(4.1) (accessing child pornography), section 172.1 (luring a child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
77. The Act is amended by adding the following after section 774:
Marginal note:Appearance in person — habeas corpus
774.1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court.
Marginal note:1999, c. 25, s. 23
78. Paragraph (b) of the definition “sentence” in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1), 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5) or section 738, 739, 742.1 or 742.3,
79. The Act is amended by adding the following after section 802:
Marginal note:Limitation on the use of agents
802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.
Marginal note:1997, c. 23, s. 19
80. (1) Subsection 810.01(2) of the Act is replaced by the following:
Marginal note:Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Marginal note:1997, c. 23, s. 19
(2) Subsection 810.01(6) of the Act is replaced by the following:
Marginal note:Variance of conditions
(6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
Marginal note:1993, c. 45, s. 11; 1997, c. 18, s. 113(1)(F)
81. (1) Subsections 810.1(1) to (3) of the Act are replaced by the following:
Marginal note:Where fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of fourteen years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Marginal note:Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Marginal note:Adjudication
(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order the defendant to enter into a recognizance and, for a period fixed by the provincial court judge of not more than twelve months, comply with the conditions fixed by the provincial court judge, including a condition prohibiting the defendant from
(a) engaging in any activity that involves contact with persons under the age of fourteen years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of fourteen years; and
(b) attending a public park or public swimming area where persons under the age of fourteen years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre.
Marginal note:1993, c. 45, s. 11
(2) Subsection 810.1(4) of the Act is replaced by the following:
Marginal note:Judge may vary recognizance
(4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
Marginal note:1997, c. 17, s. 9(1)
82. (1) Subsection 810.2(2) of the Act is replaced by the following:
Marginal note:Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Marginal note:1997, c. 17, s. 9(1)
(2) Subsection 810.2(7) of the Act is replaced by the following:
Marginal note:Variance of conditions
(7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
83. Subsection 822(4) of the Act is replaced by the following:
Marginal note:Trial de novo
(4) Despite subsections (1) to (3), if an appeal is taken under section 813 and because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General’s agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with any rules that may be made under section 482 or 482.1, and for that purpose the provisions of sections 793 to 809 apply, with any modifications that the circumstances require.
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