The Government of Canada wants to operate the most efficient and effective justice system possible.
In an attempt to modernize the criminal procedure, The Hon. Rob Nicholson, Minister of Justice and Attorney General of Canada, has introduced a number of proposed amendments to the Criminal Code and other pieces of federal legislation.

These amendments create a new offence of “leaving the jurisdiction,” to target individuals who leave a specified area in violation of their bail conditions.

The proposed legislation would also allow police officers to fingerprint or photograph individuals in lawful custody before they are charged or convicted. This would streamline the process and help avoid unnecessary delays that can prolong an accused individual’s stay at the police station.

The government also seeks to expand the use of telewarrants. These are search-and-seizure warrants police officers can obtain by contacting a Justice of the Peace on the telephone. Currently, these types of warrants are only available when the officer is unable to apply for the warrant in person. The proposed amendments seek to eliminate this requirement if the request is submitted in writing, and to expand the availability of telewarrants to public officers other than police officers who enforce federal non-Criminal Code legislation.

Minister Nicholson also suggests providing adjournments in trials after expert witness evidence is presented in order to give other parties time to respond to this material, which can often be complex and highly technical. The 10-day adjournment would be mandatory in cases where notice provisions have not been followed, and discretionary when proper notice has been given.

The proposed amendments would give each province the power to establish criteria determining when an agent other than a lawyer may represent a defendant charged with a summary offence, which is a less-serious offence that involves fewer procedural requirements.

The current law makes it an offence to have any involvement in prize fighting, which is defined as an “encounter or fight with fists or hands,” whether or not there are monetary prizes involved. The only exception to this is amateur boxing under authority of the province. The proposed law would expand the list of exceptions to this offence to include judo and karate.

This government’s priority continues to be protection for all Canadians and to ensure we have the fairest and most accessible justice system possible.

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The audio version of Garry's August 3, 2009 op-ed column can be heard by clicking here