An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) (S.C. 2008, c. 18)
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Assented to 2008-05-29
R.S., c. C-46CRIMINAL CODE
Marginal note:1995, c. 22, s. 6
40. Subsection 742.3(3) of the Act is replaced by the following:
Marginal note:Obligations of court
(3) A court that makes an order under this section shall
(a) cause a copy of the order to be given to the offender;
(b) explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;
(c) cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and
(d) take reasonable measures to ensure that the offender understands the order and the explanations.
Marginal note:For greater certainty
(4) For greater certainty, a failure to comply with subsection (3) does not affect the validity of the order.
Marginal note:1995, c. 22, s. 6
41. Subsections 742.6(6) and (7) of the Act are repealed.
42. The Act is amended by adding the following after section 743.2:
Marginal note:Non-communication order
743.21 (1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.
Marginal note:Failure to comply with order
(2) Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Marginal note:2002, c. 1, s. 184
43. (1) Subsection 743.5(1) of the Act is replaced by the following:
Marginal note:Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act
743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the remaining portion of the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.
Marginal note:2002, c. 1, s. 184
(2) Subsection 743.5(3) of the Act is replaced by the following:
Marginal note:Sentences deemed to constitute one sentence — section 743.1
(3) For greater certainty, the following are deemed to constitute one sentence of imprisonment for the purposes of section 139 of the Corrections and Conditional Release Act:
(a) for the purposes of subsection (1), the remainder of the youth sentence or disposition and the subsequent term of imprisonment; and
(b) for the purposes of subsection (2), the term of imprisonment and the subsequent youth sentence or disposition.
Marginal note:R.S., c. 27 (1st Supp.), s. 171(1)
44. Subsection 787(1) of the Act is replaced by the following:
Marginal note:General penalty
787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
Marginal note:1997, c. 18, s. 112
45. Subsections 803(2) and (3) of the Act are replaced by the following:
Marginal note:Non-appearance of defendant
(2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court
(a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or
(b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.
Marginal note:Consent of Attorney General required
(3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.
Marginal note:1994, c. 44, s. 84; 1999, c. 25, s. 25
45.1 Form 12 of the Act is replaced by the following:
FORM 12(Sections 493 and 679)UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE
Canada,
Province of ....................,
(territorial division).
I, A.B., of ................, (occupation), understand that I have been charged that (set out briefly the offence in respect of which accused is charged).
In order that I may be released from custody, I undertake to attend court on ........... day, the ................ day of ................ A.D. ........, and to attend after that as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time undertaking is given, to attend at the time and place fixed by the court and after that as required by the court in order to be dealt with according to law).
(and, where applicable)
I also undertake to (insert any conditions that are directed)
(a) report at (state times) to (name of peace officer or other person designated);
(b) remain within (designated territorial jurisdiction);
(c) notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);
(e) deposit my passport (as the justice or judge directs); and
(f) (any other reasonable conditions).
I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code.
Subsections 145(2) and (3) of the Criminal Code state as follows:
“(2) Every one who,
(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.”
Dated this ................ day of ................ A.D. ........, at ................ .
.....................................
(Signature of accused)
Marginal note:Bill C-2
45.2 (1) If Bill C-2, introduced in the 2nd session of the 39th Parliament and entitled the Tackling Violent Crime Act (the “other Act”), receives royal assent, then subsections (2) to (4) apply.
(2) If subsection 21(3) of the other Act comes into force before section 7 of this Act, that section 7 is replaced by the following:
7. Section 255 of the Act is amended by adding the following after subsection (3.2):
Marginal note:Interpretation
(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(3) If subsection 21(3) of the other Act comes into force on the same day as section 7 of this Act, then that subsection 21(3) is deemed to have come into force before that section 7 and subsection (2) applies as a consequence.
COMING INTO FORCE
Marginal note:Order in council
46. Sections 7, 8, 18 to 21.1, 29, 35, 37 to 40, 42 and 44 come into force on a day or days to be fixed by order of the Governor in Council.
- Date modified: