Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
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Assented to 2015-06-18
PART 3R.S., c. C-46CRIMINAL CODE
Amendments to the Act
20. Paragraphs 195(1)(a) and (b) of the Act are replaced by the following:
(a) authorizations for which that Minister and agents specially designated in writing by that Minister for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year;
(b) authorizations given under section 188 for which peace officers specially designated by that Minister for the purposes of that section applied and the interceptions made under those authorizations in the immediately preceding year; and
21. (1) Subsection 486(1) of the Act is replaced by the following:
Marginal note:Exclusion of public
486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national secu- rity.
Marginal note:Application
(1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
(2) Section 486 of the Act is amended by adding the following after subsection (3):
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
22. The Act is amended by adding the following after section 486.6:
Marginal note:Security of witnesses
486.7 (1) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made under any of sections 486 to 486.5, if the judge or justice is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of justice.
Marginal note:Application
(2) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
Marginal note:Factors to be considered
(3) In determining whether to make the order, the judge or justice shall consider
(a) the age of the witness;
(b) the witness’s mental or physical disabilities, if any;
(c) the right to a fair and public hearing;
(d) the nature of the offence;
(e) whether the witness needs the order to protect them from intimidation or retaliation;
(f) whether the order is needed to protect the security of anyone known to the witness;
(g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(h) the importance of the witness’s testimony to the case;
(i) whether effective alternatives to the making of the proposed order are available in the circumstances;
(j) the salutary and deleterious effects of the proposed order; and
(k) any other factor that the judge or justice considers relevant.
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
23. Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.09):
(i.091) subsection 83.221(1) (advocating or promoting commission of terrorism offences),
24. (1) Subsection 810.01(1) of the Act is replaced by the following:
Marginal note:Fear of certain offences
810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the Attorney General’s consent, lay an information before a provincial court judge.
(2) Section 810.01 of the Act is amended by adding the following after subsection (7):
Definition of “Attorney General”
(8) With respect to proceedings under this section, “Attorney General” means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.
25. (1) The Act is amended by adding the following after section 810.01:
Marginal note:Fear of terrorism offence
810.011 (1) A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney General’s consent, lay an information before a provincial court judge.
Marginal note:Appearances
(2) The 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) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.
Marginal note:Duration extended
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a terrorism offence, the judge may order that the defendant enter into the recognizance for a period of not more than five years.
Marginal note:Refusal to enter into recognizance
(5) The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.
Marginal note:Conditions in recognizance
(6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant
(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes that request;
(c) to return to and remain at their place of residence at specified times; or
(d) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
Marginal note:Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.
Marginal note:Surrender, etc.
(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.
Marginal note:Condition — passport
(9) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Condition — specified geographic area
(10) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Reasons
(11) If the provincial court judge does not add a condition described in subsection (7), (9) or (10) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.
Marginal note:Variance of conditions
(12) 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:Other provisions to apply
(13) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.
Definition of “Attorney General”
(14) With respect to proceedings under this section, “Attorney General” means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.
(2) Subsection 810.011(6) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
26. The Act is amended by adding the following after section 810.2:
Marginal note:Video conference
810.21 If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by video conference if the judge is satisfied that it would serve the proper administration of justice, including by ensuring a fair and efficient hearing and enhancing access to justice.
Marginal note:Transfer of order
810.22 (1) If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an offence under section 811, in — a territorial division other than the territorial division in which the order was made, on application of a peace officer or the Attorney General, a provincial court judge may, subject to subsection (2), transfer the order to a provincial court judge in that other territorial division and the order may then be dealt with and enforced by the provincial court judge to whom it is transferred in all respects as if that provincial court judge had made the order.
Marginal note:Attorney General’s consent
(2) The transfer may be granted only with
(a) the consent of the Attorney General of the province in which the order was made, if the two territorial divisions are not in the same province; or
(b) the consent of the Attorney General of Canada, if the information that led to the issuance of the order was laid with the consent of the Attorney General of Canada.
Marginal note:If judge unable to act
(3) If the judge who made the order or a judge to whom an order has been transferred is for any reason unable to act, the powers of that judge in relation to the order may be exercised by any other judge of the same court.
27. (1) The portion of section 811 of the Act before paragraph (a) is replaced by the following:
Marginal note:Breach of recognizance
811. A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of
(2) Paragraphs 811(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Transitional Provision
Marginal note:Information — terrorism offence
28. If an information has been laid under subsection 810.01(1) of the Criminal Code before the day on which this section comes into force by a person who fears on reasonable grounds that another person will commit a terrorism offence and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.011(1) of that Act.
Consequential Amendments
R.S., c. P-20Prisons and Reformatories Act
29. The portion of the definition “prisoner” in subsection 2(1) of the Prisons and Reformatories Act after paragraph (b) is replaced by the following:
who is confined in a prison pursuant to a sentence for an offence under a provision of an Act of Parliament or any of its regulations, or pursuant to a committal for failure or refusal to enter into a recognizance under any of sections 83.3 and 810 to 810.2 of the Criminal Code;
1992, c. 20Corrections and Conditional Release Act
30. Section 1 of Schedule I to the Corrections and Conditional Release Act is amended by adding the following after paragraph (a.91):
(a.92) subsection 83.221(1) (advocating or promoting commission of terrorism offences);
1997, c. 36Customs Tariff
31. The Description of Goods of tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding a reference to “Writings, signs, visible representations or audio recordings that constitute terrorist propaganda within the meaning of subsection 83.222(8) of the Criminal Code;” as a separate provision before the provision “Posters and handbills depicting scenes of crime or violence; or”.
2002, c. 1Youth Criminal Justice Act
32. Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:
Marginal note:Orders
(2) A youth justice court has jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity),810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
33. Paragraph 142(1)(a) of the Act is replaced by the following:
(a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;
Coordinating Amendments
Marginal note:2011, c. 7
34. (1) In this section, “other Act” means the Response to the Supreme Court of Canada Decision in R. v. Shoker Act.
(2) On the first day on which both subsection 25(2) of this Act and section 11 of the other Act are in force,
(a) the portion of subsection 810.3(1) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Samples — designations and specifications
810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(b) paragraphs 810.3(2)(a) and (b) of the Criminal Code are replaced by the following:
(a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and
(b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g).
(c) subsections 810.3(3) and (4) of the Criminal Code are replaced by the following:
Marginal note:Restriction
(3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).
Marginal note:Destruction of samples
(4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.
(d) paragraph 810.3(5)(a) of the Criminal Code is replaced by the following:
(a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2;
(e) subsection 810.3(6) of the Criminal Code is replaced by the following:
Marginal note:Notice — samples at regular intervals
(6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
(f) subsections 810.4(1) to (3) of the Criminal Code are replaced by the following:
Marginal note:Prohibition on use of bodily substance
810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Marginal note:Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.
Marginal note:Exception
(3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.
(3) On the first day on which both subsection 25(2) of this Act and section 12 of the other Act are in force, subsection 811.1(1) of the Criminal Code is replaced by the following:
Marginal note:Proof of certificate of analyst — bodily substance
811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
(4) On the first day on which both subsection 25(2) of this Act and section 13 of the other Act are in force, the section references after the heading “FORM 51” in Form 51 in Part XXVIII of the Criminal Code are replaced by the following:
(Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g))
(5) If section 26 of this Act comes into force before section 11 of the other Act, then the portion of that section 11 before the section 810.3 that it enacts is replaced by the following:
11. The Act is amended by adding the following after section 810.22:
(6) If section 26 of this Act comes into force on the same day as section 11 of the other Act, then that section 11 is deemed to have come into force before that section 26.
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