The Standing Committee on Justice and Legal Affairs has the honour to present its
ELEVENTH REPORT
In accordance with the Order of Reference of Monday, April 7, 1997, your Committee has considered Bill C-46, An Act to amend the Criminal Code (production of records in sexual offence proceedings) and has agreed to report it with the following amendments:
Clause 1
Add after line 38, on page 3, the following:
``(3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused that the record is in the prosecutor's possession but, in doing so, the prosecutor shall not disclose the record's contents.''
Replace line 44, on page 4, and lines 1 and 2, on page 5, with the following:
``absence of a recent complaint;
(j) that the record relates to the complainant's sexual reputation; or
(k) that the record was made close in time to a complaint or to the activity that forms the subject-matter of the charge against the accused.''
Replace lines 2 to 5, on page 6, with the following:
``with subsections 278.3(2) to (6);
(b) the accused has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c) the production of the record is necessary in the interests of justice.''
Replace line 9, on page 7, with the following:
``tence of a witness to testify and its production is necessary in the interests of justice, the judge may''
Clause 3
Add after line 11, on page 11, the following:
``If anything specified above is a ``record'' as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced.''
New Clause 3.1
Add after line 35, on page 11, the following:
``3.1 (1) On the expiration of three years after the coming into force of this Act, the provisions contained herein shall be referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.
(2) The committee designated or established by Parliament for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such futher time as the House of Commons may authorize, submit a report to Parliament thereon including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make.''
Your Committee has ordered a reprint of Bill C-46, as amended, as a working copy for the use of the House of Commons, at the Report Stage.
A copy of the relevant Minutes of Proceedings (Issue No. 9 and Issue No. 10 which includes this report) is tabled.
Respectfully submitted,
La présidente,
Shaughnessy Cohen
Chair.