GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 78
Continuation — section 489.1 of Criminal Code 78 Section 489.1 of the Criminal Code , as that section read immediately before the day on which this Act comes into force, continues to apply with respect to anything seized under a warrant issued under the Criminal Code or another Act of Parliament if the application for the warrant was made before that day.
Criminal Code — C-46 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Criminal Code — C-46 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Criminal Code — C-46 613
Words and expressions 613 The words and expressions used in sections 614 and 615 have the same meaning as in sections 347 and 347.1 of the Criminal Code .
Criminal Code — C-46 614
Subsection 347(1) of Criminal Code 614 For the purposes of subsection 347(1) of the Criminal Code , the definition criminal rate in subsection 347(2) of that Act, as it reads on the day on which subsection 610 (1) comes into force, does not apply in respect of any receipt of a payment or partial payment of interest that, on or after that day, is interest at a criminal rate, if the payment arises from an agreement or arrangement to receive interest that was entered into before that day and the interest that arises from that agreement or arrangement would not have been at a criminal rate , as defined in subsection 347(2) of the Criminal Code , as that subsection 347(2) read before that day.
Criminal Code — C-46 615
Paragraph 347.1(2)(a.1) of Criminal Code 615 Paragraph 347.1(2)(a.1) of the Criminal Code , as it reads on the day on which subsection 612 (1) comes into force, does not apply to a person who (a) entered into a payday loan agreement to receive interest before that day; or (b) on or after that day, receives any payment or partial payment of interest, if the payment arises from a payday loan agreement to receive interest that was entered into before that day.
Criminal Code — C-46 2
Fifth anniversary of royal assent 2 On the fifth anniversary of the day on which this Act receives royal assent, or as soon as feasible after that anniversary, the provisions enacted or amended by this Act are to be referred to the standing committee of the Senate and the standing committee of the House of Commons that normally consider matters relating to justice.
Criminal Code — C-46 3
Clarification 3 For greater certainty, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Criminal Code — C-46 14.1
Unlawfully manufactured firearms 14.1 If proceedings in respect of an unlawfully manufactured firearm have been commenced under the Criminal Code before the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of that Act, as enacted by subsection 1(1), comes into force and have not been completed before that day, then that paragraph (e) does not apply with respect to the firearm in relation to those proceedings.
Criminal Code — C-46 14.2
Review by House of Commons committee 14.2 (1) Five years after the day on which paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code , as enacted by subsection 1(2), comes into force, a comprehensive review of that paragraph is to be commenced by a committee of the House of Commons that may be designated or established by that House for that purpose. Report to House of Commons (2) Within one year, or any further time that is authorized by the House of Commons, after the day on which the review is commenced, the committee must submit a report on that review to the House of Commons, together with a statement of any changes to paragraph (e) of the definition prohibited firearm in subsection 84(1) of the Criminal Code , as enacted by subsection 1(2), that the committee recommends.
Criminal Code — C-46 2
Parliamentary review 2 (1) A comprehensive review relating to the eligibility of persons whose sole underlying medical condition is a mental illness to receive medical assistance in dying must be undertaken by a Joint Committee of both Houses of Parliament designated for that purpose. Review commences (2) The Committee must commence its review within two years after the day on which this Act receives royal assent. Report (3) If following its review the Committee prepares a report — which may include a statement of any recommended changes to the provisions of the Criminal Code relating to medical assistance in dying — it must table the report before each House of Parliament. Committee expires (4) The Committee expires on the earlier of the day on which it tables its report before both Houses of Parliament and March 17, 2027.
Criminal Code — C-46 8
8 If an information has been laid under subsection 810(1) of the Criminal Code before the day on which this Act comes into force by a person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, 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 810.03(1) of that Act.
Criminal Code — C-46 13
Proceedings not invalid 13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.
Criminal Code — C-46 190
Bill C-28 190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge) , receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following: Victim surcharge 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Criminal Code — C-46 737
Victim surcharge 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Criminal Code — C-46 51
Bill C-39 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act ), receives royal assent. (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.
Criminal Code — C-46 79
Bill C-39 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act ), receives royal assent. (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.
Criminal Code — C-46 80
Bill C-337 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act ), receives royal assent. (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code , as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.
Criminal Code — C-46 1
1 (2.1) Subsection 241.2(2.1) of the Act is repealed.
Criminal Code — C-46 35
35 Section 743.2 of the Act is replaced by the following: Report by court to Correctional Service 743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act .
Criminal Code — C-46 743.2
Report by court to Correctional Service 743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act .
Criminal Code — C-46 2
2002, c. 13, s. 66 2 Subsection 679(7) of the Criminal Code is replaced by the following: Release or detention — miscarriage of justice review (7) If the Miscarriage of Justice Review Commission established under subsection 696.71(1) notifies a person under subsection 696.4(5) that their application for review is admissible, this section applies to the release or detention of that person — as though that person were an appellant in an appeal described in paragraph (1)(a) — pending the completion of the review, pending a new trial or hearing directed by the Commission or pending the hearing and determination of a matter referred by the Commission to the court of appeal.
Criminal Code — C-46 3
in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and (f) any other factor that it considers relevant. Innocence (6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant. Notice (7) The Commission must notify the applicant and the relevant Attorney General of its decision. Court of Appeal Opinion Reference 696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly. Parliamentary Review Review of this Part and Part XXI.2 696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Criminal Code — C-46 696.1
Definitions 696.1 The following definitions apply in this Part. applicant , in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. ( demandeur ) Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). ( Commission ) court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. ( cour d’appel )
Criminal Code — C-46
applicant , in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. ( demandeur )
Criminal Code — C-46
court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. ( cour d’appel )
Criminal Code — C-46 696.2
Application for review 696.2 (1) An application for a review on the grounds of miscarriage of justice may be made to the Commission by or on behalf of (a) a person who has been found guilty of an offence under an Act of Parliament or a regulation made under an Act of Parliament, including a person found guilty under the Youth Criminal Justice Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, a person whose plea of guilty has been accepted and a person who has been discharged under section 730; (b) a person who has been found to be a dangerous offender or long-term offender under Part XXIV; or (c) a person who has been the subject of a verdict of not criminally responsible on account of mental disorder under section 672.34. Exhaustion of appeal rights (2) For the purposes of subsection 696.4 (3), the application must include information indicating whether the person’s rights to appeal the finding or verdict have been exhausted and, if they have not been exhausted, information relevant to the factors referred to in subsection 696.4 (4).
Criminal Code — C-46 696.3
Handling of application 696.3 (1) The Commission must deal with an application as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis. Applicant representative (2) If a provision of this Part provides that the Commission must notify an applicant or provide them with any information, the notice or information may be provided to a representative of the applicant in addition to or instead of the applicant.
Criminal Code — C-46 696.4
Decision on admissibility 696.4 (1) On receipt of an application, the Commission must decide whether it is admissible. Inadmissible application (2) The Commission must dismiss the application as inadmissible if it is made by or on behalf of a person who is not described in subsection 696.2 (1). Inadmissible application — appeal rights (3) The Commission must dismiss the application as inadmissible if (a) the court of appeal has not rendered a final judgment on appeal of the finding or verdict; or (b) an appeal of the finding or verdict lies to the Supreme Court of Canada on a question of law. Exception (4) Despite subsection (3), the Commission may decide that the application is admissible even if the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada. In making the decision, the Commission must take into account (a) the amount of time that has passed since the final judgment of the trial court; (b) the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada; (c) whether it would serve a useful purpose for an application to be made for an extension of the period within which a notice of appeal or a notice of application for leave to appeal, as the case may be, to the court of appeal or the Supreme Court of Canada may be served and filed; (d) whether the application is supported by a new matter of significance that (i) was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict, (ii) requires investigation, and (iii) does not raise only a question of law; and (e) any other factor that it considers relevant. Notice (5) The Commission must notify the applicant and the relevant Attorney General of its decision regarding the admissibility of the application.
Criminal Code — C-46 696.5
Investigation 696.5 (1) If the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so, it may conduct an investigation in relation to an application. Notice (2) The Commission must send a notice to the applicant and to the relevant Attorney General indicating whether an investigation will be conducted. If the notice indicates that no investigation will be conducted, the notice must also specify a reasonable period within which the applicant and the Attorney General may provide further information to the Commission in relation to the application. Decision after notice (3) The Commission may make a decision under section 696.6 without having conducted an investigation only if the period specified in the notice has ended. Powers (4) For the purposes of an investigation, the Commission has the powers of a commissioner under Part I of the Inquiries Act . Authorization (5) The Commission may, on the terms it considers appropriate, authorize any of its employees, or a person under contract to it who has technical or specialized knowledge, to exercise the Commission’s powers referred to in subsection (4). Investigation report (6) The Commission must, after completing an investigation, prepare a report and provide a copy of it to the applicant and the relevant Attorney General. Deadline to respond (7) The report must specify a reasonable period within which a written response may be provided to the Commission. Decision after investigation (8) After completing the investigation, the Commission may make a decision under section 696.6 only if, within the period specified in the report, it has received either written responses or written confirmation that no responses will be provided by or on behalf of the applicant and by the relevant Attorney General or if that period has ended.
Criminal Code — C-46 696.6
Decision 696.6 (1) On completion of a review, the Commission must make, under this section, a decision on the application. Remedies (2) If the Commission has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so, it must (a) direct a new trial before any court that the Commission thinks proper or, in the case of an applicant who was found to be a dangerous offender or long-term offender under Part XXIV, a new hearing under that Part; or (b) refer the matter to the court of appeal for a hearing and determination by that court as if it were an appeal by the applicant. Dismissal of application (3) If the Commission does not grant a remedy under subsection (2), it must dismiss the application. Deceased applicant (4) If the applicant is deceased, the Commission may only refer the matter to the court of appeal under paragraph (2)(b) or dismiss the application. Factors (5) In making its decision, the Commission must take into account (a) whether the application is supported by a new matter of significance that was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict; (b) the relevance and reliability of the information that is presented in connection with the application; (c) the fact that an application is not intended to serve as a further appeal and that the remedies set out in subsection (2) are extraordinary remedies; (d) the personal circumstances of the applicant; (e) the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and (f) any other factor that it considers relevant. Innocence (6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant. Notice (7) The Commission must notify the applicant and the relevant Attorney General of its decision.
Criminal Code — C-46 696.61
Reference 696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly.
Criminal Code — C-46 696.62
Review of this Part and Part XXI.2 696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Criminal Code — C-46 5
5 The definition applicant in section 696.7 of the Act is replaced by the following: applicant has the same meaning as in section 696.1. ( demandeur )
Criminal Code — C-46
applicant has the same meaning as in section 696.1. ( demandeur )
Criminal Code — C-46 6
6 Section 696.72 of the Act is replaced by the following: Mandate 696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.
Criminal Code — C-46 696.72
Mandate 696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.
Criminal Code — C-46 7
Definitions 7 The following definitions apply in this section and sections 8 to 13 . applicant means the person who is the subject of the finding or verdict in question or their representative. ( demandeur ) commencement day means the day on which section 3 comes into force. ( date de référence ) Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code . ( Commission ) Minister means the Minister of Justice. ( ministre ) new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. ( nouveau régime ) old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. ( ancien régime )
Criminal Code — C-46
applicant means the person who is the subject of the finding or verdict in question or their representative. ( demandeur )
Criminal Code — C-46
commencement day means the day on which section 3 comes into force. ( date de référence )
Criminal Code — C-46
Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code . ( Commission )
Criminal Code — C-46
new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. ( nouveau régime )
Criminal Code — C-46
old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. ( ancien régime )