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:1994, c. 44, s. 84
349 (1) The paragraph of Form 33 of Part XXVIII of the Act after the heading of the Form is replaced by the following:
It is certified that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that, as a result, the ends of justice have been (defeated or delayed, as the case may be).
Marginal note:1994, c. 44, s. 84
(2) The portion of Form 33 of Part XXVIII of the Act after the paragraph that begins with “The names” and ends with “as follows:” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)
(Seal, if required)
(3) Form 33 of Part XXVIII of the Act is replaced by the following:
FORM 33(Section 770)Certificate of Default to Be Endorsed
It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).
The nature of the default is
and the reason for the default is (state reason if known).The names and addresses of the principal and sureties are as follows:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)(Seal, if required)
350 Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38(Section 708)Conviction for Contempt
Canada,
Province of ,
(territorial division).
Be it remembered that on (date), at (place) in the (territorial division), E.F. of , in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code).
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
351 Form 39 of Part XXVIII of the Act is replaced by the following:
FORM 39(Sections 519 and 550)Order for Discharge of a Person in Custody
Canada,
Province of ,
(territorial division).
To the keeper of the (prison) at :
You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date), if E.F. is detained by you for no other cause.
(Signature of judge, justice or clerk of the court)
(Seal, if required)
Marginal note:2005, c. 22, s. 40
352 (1) The portion of Form 48 of Part XXVIII of the Act after the reference to “(territorial division)” and before the first brackets “[ ]” is replaced by the following:
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with
, may be necessary to determine *Marginal note:2005, c. 22, s. 40
(2) The paragraph of Form 48 of Part XXVIII of the Act that begins with “I hereby order” and ends with “days.” is replaced by the following:
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of
days.Marginal note:2005, c. 22, s. 40
(3) The portion of Form 48 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice or clerk of the court)
Marginal note:1991, c. 43, s. 8
353 (1) The paragraph of Form 49 of Part XXVIII of the English version of the Act that begins with “I do” and ends with “of law” is replaced by the following:
You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.
Marginal note:1991, c. 43, s. 8
(2) The portion of Form 49 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)
Transitional Provisions
Marginal note:Promise to appear
354 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to peace officer or officer in charge
355 A person who is bound by an undertaking given under section 499 or subsection 503(2.1) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before peace officer or officer in charge
356 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to judge or justice
357 A person who is bound by an undertaking given under subsection 503(3.1) or section 515, 522, 524, 525, 597, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before judge or justice
358 A person who is bound by a recognizance entered into under subsection 503(3.1) or section 515, 522, 524, 525, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Right to re-elect
359 Any person accused of an offence before the day on which section 254 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)(b)(i) or subsection 561(2) or 561.1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 14 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.
Marginal note:Limitation period for summary offences
360 For any offence punishable on summary conviction committed before the coming into force of section 315, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Marginal note:Section 83.3 of the Criminal Code
360.1 (1) If, in accordance with section 83.32 of the Criminal Code, section 83.3 of that Act does not have effect on the day on which section 24 comes into force, then that section 24 is deemed never to have come into force and is repealed.
(2) However, if, after the day referred to in subsection (1), Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017, receives royal assent and, by operation of section 157.1 of that Act, section 83.3 of the Criminal Code becomes effective again, then, as of the day on which that section 157.1 comes into force, the portion of subsection 83.3(6) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:When person to be taken before judge
(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
361 The Youth Criminal Justice Act is amended by adding the following after section 4:
Marginal note:Certain offences — extrajudicial measures deemed adequate
4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless
(a) the young person has a history of repetitive failures or refusals; or
(b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.
Marginal note:Certain offences — various measures
(2) In the cases referred to in paragraphs (1)(a) and (b),
(a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and
(b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.
362 Subsection 6(1) of the Act is replaced by the following:
Marginal note:Warnings, cautions and referrals
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.
363 The Act is amended by adding the following after section 24:
Certain Offences — Review of Charges by Attorney General
Marginal note:Review required
24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
364 (1) Subsection 25(2) of the Act is replaced by the following:
Marginal note:Arresting officer to advise young person of right to counsel
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
(2) Paragraphs 25(9)(c) and (d) of the Act are replaced by the following:
(c) any undertaking entered into before a peace officer by the young person;
365 Subsections 26(1) and (2) of the Act are replaced by the following:
Marginal note:Notice in case of arrest and detained
26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
Marginal note:Notice in other cases
(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking.
366 The heading before section 28 of the Act is replaced by the following:
Detention and Release
367 The Act is amended by adding the following after section 28:
Marginal note:Substitute for social measures prohibited
28.1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures.
368 Subsection 29(1) of the Act is replaced by the following:
Marginal note:Release order with conditions
29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.2) of the Criminal Code in respect of a release order only if they are satisfied that
(a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence;
(b) the condition is reasonable having regard to the circumstances of the offending behaviour; and
(c) the young person will reasonably be able to comply with the condition.
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