Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)
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Assented to 2002-06-04
R.S., c. C-46CRIMINAL CODE
8. The Act is amended by adding the following after section 172:
Marginal note:Luring a child
172.1 (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with
(a) a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;
(b) a person who is, or who the accused believes is, under the age of sixteen years, for the purpose of facilitating the commission of an offence under section 280 with respect to that person; or
(c) a person who is, or who the accused believes is, under the age of fourteen years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 281 with respect to that person.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Presumption re age
(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.
Marginal note:No defence
(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.
9. The definition “child” in section 214 of the Act is repealed.
Marginal note:1993, c. 45, s. 2
10. Paragraph 264(3)(a) of the Act is replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
11. The Act is amended by adding the following after section 270:
Marginal note:Disarming a peace officer
270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.
Definition of “weapon”
(2) For the purpose of subsection (1), “weapon” means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.
Marginal note:Punishment
(3) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.
Marginal note:R.S., c. 19 (3rd Supp.), s. 11
12. Sections 274 and 275 of the Act are replaced by the following:
Marginal note:Corroboration not required
274. If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
Marginal note:Rules respecting recent complaint abrogated
275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
Marginal note:1992, c. 38, s. 2
13. The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Evidence of complainant’s sexual activity
276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
Marginal note:R.S., c. 19 (3rd Supp.), s. 13
14. Section 277 of the Act is replaced by the following:
Marginal note:Reputation evidence
277. In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
15. The Act is amended by adding the following after section 348:
Marginal note:Aggravating circumstance — home invasion
348.1 If a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,
(a) knew that or was reckless as to whether the dwelling-house was occupied; and
(b) used violence or threats of violence to a person or property.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)
16. Section 462.47 of the French version of the Act is replaced by the following:
Marginal note:Nullité des actions contre les informateurs
462.47 Il est entendu que, sous réserve de l’article 241 de la Loi de l’impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu’elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou pour croire qu’une autre personne a commis une infraction de criminalité organisée ou une infraction désignée ou s’apprête à le faire.
Marginal note:R.S., c. 27 (1st Supp.), s. 66(1)
17. (1) Subsection 482(2) of the Act is replaced by the following:
Marginal note:Power to make rules
(2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
(a) every court of criminal jurisdiction for a province;
(b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);
(c) the Ontario Court of Justice;
(d) the Court of Quebec and every municipal court in the Province of Quebec;
(e) the Provincial Court of Nova Scotia;
(f) the Provincial Court of New Brunswick;
(g) the Provincial Court of Manitoba;
(h) the Provincial Court of British Columbia;
(i) the Provincial Court of Prince Edward Island;
(j) the Provincial Court of Saskatchewan;
(k) the Provincial Court of Alberta;
(l) the Provincial Court of Newfoundland;
(m) the Territorial Court of Yukon;
(n) the Territorial Court of the Northwest Territories; and
(o) the Nunavut Court of Justice.
Marginal note:R.S., c. 27 (1st Supp.), s. 66(3)
(2) Paragraph 482(3)(c) of the Act is replaced by the following:
(c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
18. The Act is amended by adding the following after section 482:
Marginal note:Power to make rules respecting case management
482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules
(a) for the determination of any matter that would assist the court in effective and efficient case management;
(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and
(c) establishing case management schedules.
Marginal note:Compliance with directions
(2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).
Marginal note:Summons or warrant
(3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.
Marginal note:Provisions to apply
(4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Marginal note:Approval of lieutenant governor in council
(5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.
Marginal note:Subsections 482(4) and (5) to apply
(6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
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