An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (S.C. 2022, c. 17)

• Published date: 17 April 2023
• Section: Part III - Acts of Parliament
• Gazette Issue: 2 - [object Object]

S.C. 2022, c. 17

Assented to 2022-12-15

An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)

SUMMARY

This enactment amends the Criminal Code to, among other things,

• (a) allow for the use of electronic or other automated means for the purposes of the jury selection process;

• (b) expand, for the accused and offenders, the availability of remote appearances by audioconference and videoconference in certain circumstances;

• (c) provide for the participation of prospective jurors in the jury selection process by videoconference in certain circumstances;

• (d) expand the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused not represented by counsel;

• (e) permit courts to order fingerprinting at the interim release stage and at any other stage of the criminal justice process if fingerprints could not previously have been taken for exceptional reasons; and

• (f) replace the existing telewarrant provisions with a process that permits a wide variety of search warrants, authorizations and orders to be applied for and issued by a means of telecommunication.

The enactment makes amendments to the Criminal Code and the Identification of Criminals Act to correct minor technical errors and includes transitional provisions on the application of the amendments. It also makes related amendments to other Acts.

The enactment also provides for one or more independent reviews on the use of remote proceedings in criminal justice matters.

Lastly, the enactment also provides for a parliamentary review of the provisions enacted or amended by this enactment and of the use of remote proceedings in criminal justice matters to commence at the start of the fifth year following the day on which it receives royal assent.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46Criminal Code

Marginal note: 2019, c. 25, s. 1(3)

1 The definition summons in section 2 of the Criminal Code is replaced by the following:

summons

summons means, unless a contrary intention appears, a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)

Marginal note:1995, c. 39, s. 139

2 The portion of subsection 117.04(3) of the Act before paragraph (a) is replaced by the following:

• Marginal note:Report to justice

  (3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing

Marginal note:1995, c. 39, s. 139

3 Subsection 117.05(1) of the Act is replaced by the following:

Marginal note:Application for disposition

• 117.05 (1) If any thing or document has been seized under subsection 117.04(1) or (2), a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within 30 days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to the persons or in the manner that the justice may specify.

4 Subsection 145(2) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

• (d) fails, without lawful excuse, to comply with an order made under section 515.01.

Marginal note:1993, c. 40, s. 1(1)

5 The definition authorization in section 183 of the Act is replaced by the following:

authorization

authorization means an authorization to intercept a private communication given under subsection 184.2(3), section 186 or subsection 188(2); (autorisation)

Marginal note:1993, c. 40, s. 4

6 Section 184.3 of the Act is replaced by the following:

Marginal note:Application — telecommunication producing writing

• 184.3 (1) A person who is permitted to make one of the following applications may submit their application by a means of telecommunication that produces a writing:

  • (a) an application for an authorization under subsection 184.2(2), 185(1), 186(5.2) or 188(1);

  • (b) an application for an extension under subsection 185(2), 196(2) or 196.1(2);

  • (c) an application to renew an authorization under subsection 186(6).

• Marginal note:Sealing

  (2) A judge who receives an application submitted by a means of telecommunication that produces a writing shall, immediately on the determination of the application, cause it to be placed and sealed in the packet referred to in subsection 187(1).

• Marginal note:Application — telecommunication not producing writing

  (3) Despite anything in section 184.2 or 188, a person who is permitted to make an application for an authorization under subsection 184.2(2) or 188(1) may submit their application by a means of telecommunication that does not produce a writing if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

• Marginal note:Statement of circumstances

  (4) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

• Marginal note:Oath

  (5) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

• Marginal note:Recording and sealing

  (6) A judge who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and shall, immediately on the determination of the application, cause the writing or recording to be placed and sealed in the packet referred to in subsection 187(1), and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

• Marginal note:Limitation

  (7) If an application is submitted by a means of telecommunication that does not produce a writing, the judge shall not give the authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

• Marginal note:Giving authorization, etc.

  (8) A judge who gives the authorization, extension or renewal may do so by a means of telecommunication, in which case

  • (a) the judge shall complete and sign the document in question, noting on its face the time and date;

  • (b) if the means of telecommunication produces a writing, the judge shall transmit a copy of the document to the applicant by that means;

  • (c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judge, transcribe the document, noting on its face the name of the judge as well as the time and date; and

  • (d) the judge shall, immediately after the authorization, extension or renewal is given, cause the document to be placed and sealed in the packet referred to in subsection 187(1).

7 Subsection 185(4) of the Act is replaced by the following:

• Marginal note:If extension not granted

  (4) If the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or if the judge fixes a shorter period than the one set out in the application referred to in subsection (2), the person submitting the application for the authorization may withdraw that application and, if it is withdrawn, the judge shall not proceed to consider it or to give the authorization and shall destroy, or return to that person, both applications and all other material pertaining to them.

Marginal note:1993, c. 40, s. 7

• 8 (1) Subsection 187(1.1) of the Act is replaced by the following:

  • Marginal note:Exception

    (1.1) An authorization given under this Part need not be placed in the packet except if, under subsection 184.3(8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the copy remains with the applicant.

• Marginal note:1993, c. 40, s. 7

  (2) Subsection 187(3) of the Act is replaced by the following:

  • Marginal note:Order of judge

    (3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made under subsection 184.2(2) may only be made after the Attorney General has been given an opportunity to be heard.

Marginal note:2019, c. 25, s. 66

9 Section 188.1 of the Act is replaced by the following:

Marginal note:Execution in Canada

188.1 An authorization given under section 184.2, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

Marginal note:2018, c. 21, s. 15

• 10 (1) The portion of subsection 320.29(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Warrants to obtain blood samples

  • 320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1, that

• Marginal note:...