{{{8}}} Summary. It is presumptively tried by judge and jury. (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm). (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider. CanLII's goal is to make Canadian law accessible for free on the Internet. (i) the Board, after making the inquiries referred to in paragraph 4.2(1)(b), was satisfied that the applicant was of good conduct, and, (ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and, (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament other than. 196(5) Exception for criminal organizations and terrorist groups 196.1(1) Written notice — interception in accordance with section 184.4 196.1(2) Extension of period for notification Prosecutions for offences at common law have now been done away with by s. 8 of the Criminal Code and while s. 164 of the Criminal Code, R.S.C. (v) section 36.1 of the International Transfer of Offenders Act. (4.11) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both. Offences relating to conspiracy are found in Part XIII of the Criminal Coderelating to "Attempts — Conspiracies — Accessories". Home › Canada (Federal) Canada (Federal) Legislation. Access all information related to judgment Application under s. 83.28 of the Criminal Code (Re), 2004 SCC 42 (CanLII), [2004] 2 SCR 248 on CanLII. (b) during an attempt to identify a deceased person or a person suffering from amnesia. Record suspension — person referred to in subsection 4(3.1). (3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if, (a) the position is one of trust or authority towards that child or vulnerable person; and. 1970, c. C-34, as that Act read before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under 14). Criminal Code of Canada - Code Criminel makes it easy to check your legal rights and access the CanLII. Records to be kept separate and not be disclosed. CanLII Connects was created to make it faster and easier for legal professionals and the public to access high-quality legal commentary on Canadian court decisions. (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application. 3 (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty. (a) involving a child under the following provisions of the Criminal Code: (i) section 153.1 (sexual exploitation of a person with a disability). (d) generally for carrying out the purposes and provisions of this Act. (2) For the purposes of this Act, the period of probation shall be deemed to have terminated at the time the recognizance or the probation order that relates to the period of probation ceased to be in force. (9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence. (iii) subsection 212(4) (prostitution of person under 18 years); (c) that are referred to in paragraph (a) and that are punishable under section 130 of the National Defence Act; (d) that are referred to in paragraph (b) and that are punishable under section 120 of the National Defence Act, R.S.C. 214 - Interpretation. On 24 November 2011, the Chief Justice of the Supreme Court of British Columbia released his decision in Reference re: Section 293 of the Criminal Code of Canada, otherwise known as … Thank you for taking the time to send us your questions and comments. 4.3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account, (a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or. There are six versions of the Criminal Code since its inception: Criminal Code, 1892, S.C. 1892, c. 29 11 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report for that year containing the following information: (a) the number of applications for record suspensions made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b); (b) the number of record suspensions that the Board ordered or refused to order, in respect of the offences referred to in each of paragraphs 4(1)(a) and (b); (c) the number of record suspensions ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and. An Act to provide for the suspension of the records of persons who have been convicted of offences and have subsequently rehabilitated themselves. CanLII - F d ral - R.S.C. (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2). Onus — person referred to in subsection (3.1). (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a). 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