An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
271 Paragraphs 638(1)(b) to (d) of the Act are replaced by the following:
Marginal note:2008, c. 18, s. 26; 2011, c. 16, s. 9
272 Section 640 of the Act is replaced by the following:
Marginal note:Determination of challenge for cause
640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.
Marginal note:Exclusion order
(2) On the application of the accused or prosecutor or on the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.
273 Section 644 of the Act is amended by adding the following after subsection (2):
Marginal note:Trial may continue without jury
(3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.
Marginal note:1994, c. 44, s. 61; 1997, c. 18, s. 77(1)(F) and (2)
274 Subsections 650(1.1) and (1.2) of the Act are replaced by the following:
Marginal note:Video links
(1.1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.
Marginal note:Video links
(1.2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2002, c. 13, s. 61
275 Section 650.02 of the Act is replaced by the following:
Marginal note:Remote appearance
650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
Marginal note:1991, c. 43, s. 4; 2005, c. 22, par. 42(d)(F)
276 Section 672.46 of the Act is replaced by the following:
Marginal note:Status quo pending Review Board hearing
672.46 (1) If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.
Marginal note:Variation
(2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.
Marginal note:1997, c. 18, s. 84(2); 2005, c. 22, para. 42(g)(F)
277 Subsection 672.5(13) of the Act is replaced by the following:
Marginal note:Video links
(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or videoconference for any part of the hearing.
Marginal note:2013, c.11, s.2
278 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Marginal note:R.S., c. 27 (1st Supp.), s. 141; 1999, c. 25, s. 14
279 (1) Subsections 679(5) to (6) of the Act are replaced by the following:
Marginal note:Conditions of release order
(5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.
Marginal note:Immediate release of appellant
(5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.
Marginal note:Applicable provisions
(6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
(2) Subsection 679(9) of the Act is repealed.
Marginal note:1994, c. 44, s. 68
280 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Marginal note:2002, c. 13, s. 67
281 (1) Subsection 683(2.1) of the Act is replaced by the following:
Marginal note:Remote appearance
(2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.
(2) Section 683 of the Act is amended by adding the following after subsection (2.2):
Marginal note:Application of sections 715.25 and 715.26
(2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.
Marginal note:2008, c. 18, s. 29(1)
(3) Subsection 683(5.1) of the Act is replaced by the following:
Marginal note:Release order or recognizance
(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.
Marginal note:2008, c. 18, s. 29(2)
(4) Subsection 683(7) of the Act is replaced by the following:
Marginal note:Release order to be taken into account
(7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.
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