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Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)

Assented to 2002-06-04

PART XXI.1APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE

Marginal note:R.S., c. 31 (4th Supp.), s. 97

84. Section 841 of the Act and the headings before it are replaced by the following:

PART XXVIIIMISCELLANEOUS

Electronic Documents

Marginal note:Definitions

841. The definitions in this section apply in this section and in sections 842 to 847.

“data”

« données »

“data” means representations of information or concepts, in any form.

“electronic document”

« document électronique »

“electronic document” means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data.

Marginal note:Dealing with data in court

842. Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

Marginal note:Transfer of data

  • 843. (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

  • Marginal note:Time of filing

    (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.

Marginal note:Documents in writing

844. A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.

Marginal note:Signatures

845. If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.

Marginal note:Oaths

846. If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if

  • (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief;

  • (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and

  • (c) the electronic document was made in accordance with the laws of the place where it was made.

Marginal note:Copies

847. Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province.

Remote Appearance by Incarcerated Accused

Marginal note:Condition for remote appearance

848. Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by a means of communication that allows the court and the accused to engage in simultaneous visual and oral communication, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

Forms

Marginal note:Forms

  • 849. (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.

  • Marginal note:Seal not required

    (2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part.

  • Marginal note:Official languages

    (3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages.

Marginal note:1997, c. 39, s. 3

85. Paragraph (b) of Form 7.1 of Part XXVIII 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 of the Criminal Code; or

Marginal note:1997, c. 18, s. 115

86. The portion of Form 11.1 of Part XXVIII of the French version of the Act before paragraph (a) is replaced by the following:

Formule 11.1(articles 493, 499 et 503)Promesse remise à un agent de la paix ou à un fonctionnaire responsable

Canada,

Province de ................,

(circonscription territoriale).

Moi, A.B., de ................, (profession ou occupation), je comprends qu’il est allégué que j’ai commis (indiquer l’essentiel de l’infraction).

Afin de pouvoir être mis en liberté, je m’engage, par (cette promesse de comparaître ou cet engagement) (insérer toutes les conditions qui sont fixées) :

R.S., c. N-4NATIONAL CAPITAL ACT

87. Subsection 20(2) of the National Capital Act is replaced by the following:

  • Marginal note:Punishment

    (2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed that set out in subsection 787(1) of the Criminal Code.

R.S., c. N-5NATIONAL DEFENCE ACT

88. The National Defence Act is amended by adding the following after section 196.25:

Division 6.2Identification of Accused Persons and Offenders

Meaning of “designated offence”

196.26 In this Division, “designated offence” means an offence under any of the following provisions of this Act:

  • (a) paragraphs 75(a) to (d) (offences related to security);

  • (b) paragraphs 77(a) and (d) to (i) (offences related to operations);

  • (c) section 78 (spying for the enemy);

  • (d) section 79 (mutiny with violence);

  • (e) section 80 (mutiny without violence);

  • (f) paragraphs 81(a) and (b) (offences related to mutiny);

  • (g) section 84 (striking or offering violence to a superior officer);

  • (h) paragraphs 87(a) to (c) (resisting arrest or custody);

  • (i) section 95 (abuse of subordinates);

  • (j) section 100 (setting free without authority or allowing or assisting escape);

  • (k) section 101 (escape from custody);

  • (l) section 101.1 (failure to comply with conditions);

  • (m) section 102 (hindering arrest or confinement or withholding assistance);

  • (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles);

  • (o) section 113 (causing fires);

  • (p) section 114 (stealing);

  • (q) section 115 (receiving);

  • (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;

  • (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;

  • (t) section 118 (offences in relation to tribunals);

  • (u) section 118.1 (failure to appear or attend);

    • (v) section 119 (false evidence);

  • (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm;

  • (x) section 127 (negligent handling of dangerous substances);

  • (y) section 128 (conspiracy); or

  • (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.

Marginal note:Fingerprints and photographs

  • 196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act.

  • Marginal note:Use of force

    (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described in subsection (1).

  • Marginal note:Publication

    (3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law.

Marginal note:No liability for acting under this Division

196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3).

Marginal note:Destruction of fingerprints, photographs, etc.

196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay

  • (a) if the person is tried by summary trial in respect of that charge; or

  • (b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.

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