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)
Marginal note:2014, c. 31, s. 25
319 (1) Paragraph 810(1)(a) of the Act is replaced by the following:
(a) will cause personal injury to them or to their intimate partner or child or will damage their property; or
Marginal note:1995, c. 39, s. 157
(2) Subsection 810(3.1) of the French version of the Act is replaced by the following:
Marginal note:Condition
(3.1) Le juge de paix ou la cour des poursuites sommaires qui rend une ordonnance en vertu du paragraphe (3), doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du défendeur ou celle d’autrui de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, ajouter comme condition à l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans celui-ci.
Marginal note:1995, c. 39, s. 157
(3) Subsection 810(3.12) of the French version of the Act is replaced by the following:
Marginal note:Motifs
(3.12) Le juge de paix ou la cour des poursuites sommaires qui n’assortit pas l’ordonnance de la condition prévue au paragraphe (3.1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.
Marginal note:1994, c. 44, s. 81(3); 2000, c. 12, par. 95(g); 2011, c. 7, s. 7(2)
(4) Subsections 810(3.2) and (4) of the Act are replaced by the following:
Marginal note:Supplementary conditions
(3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance,
(a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or
(b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be.
Marginal note:Form — warrant of committal
(4) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.
Marginal note:2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j); 2012, c. 1, s. 37(1); 2014, c. 25, s. 31
320 Subsection 810.1(1) of the Act is 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 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 16 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:2015, c. 20, s. 26
321 Section 810.21 of the Act is replaced by the following:
Marginal note:Audioconference or videoconference
810.21 (1) 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 audioconference or videoconference.
Marginal note:Application
(2) Despite section 769, sections 714.1 to 714.8 and Part XXII.01 apply, with any necessary modifications, to proceedings under this section.
Marginal note:2015, c. 23, s. 19
322 Paragraph 811(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:R.S., c. 27 (1st Supp.), s. 181(E)
323 Section 816 of the Act is replaced by the following:
Marginal note:Release order — appellant
816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.
Marginal note:Release of appellant
(1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.
Marginal note:Applicable provisions
(2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
324 (1) Subsections 817(1) and (2) of the Act are replaced by the following:
Marginal note:Recognizance of prosecutor
817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.
Marginal note:Condition
(2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
(2) Subsection 817(4) of the Act is repealed.
325 Paragraph 825(a) of the Act is replaced by the following:
(a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or
326 Subsection 828(3) of the Act is replaced by the following:
Marginal note:Duty of clerk of court
(3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance.
Marginal note:R.S., c. 27 (1st Supp.), s. 182
327 Subsection 832(1) of the Act is replaced by the following:
Marginal note:Release order or recognizance
832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.
328 (1) Item 8 of the schedule to Part XXVII of the Act is amended by replacing “recognizance” with “release order or recognizance”.
(2) Item 17 of the schedule to Part XXVII of the Act is amended by replacing “take recognizance of bail” with “make a release order or take a recognizance”.
Marginal note:2002, c. 13, s. 84
329 Section 848 of the Act is repealed.
- Date modified: