Information corrections April
2019
Until
this month, there have been a number of references on this site to “Section 647
of the Criminal Code". This was based on information available to the
author at the time this site was first built, almost 20 years ago. These were
in connection with a series of attempts by SNC and their defence lawyers to
“....obstruct, pervert or defeat the course of justice...".
Since
then the Criminal Code has undergone a series of amendments. As a result, the
relevant part is now Section 139 and I have made the appropriate corrections to
all the relevant pages on this site.
There
is also a section in the Criminal Code about remediation agreements.
Reference: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-30.html#docCont
139
(1) Every
one who wilfully attempts in any manner to obstruct, pervert or defeat the
course of justice in a judicial proceeding,
(a) by indemnifying or agreeing
to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by
accepting or agreeing to accept a fee or any form of indemnity whether in whole
or in part from or in respect of a person who is released or is to be released
from custody,
is
guilty of
(c) an indictable offence and is
liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on
summary conviction.
Marginal
note:Idem
(2) Every one who wilfully
attempts in any manner other than a manner described in subsection (1) to
obstruct, pervert or defeat the course of justice is guilty of an indictable offence
and liable to imprisonment for a term not exceeding ten years.
Marginal
note:Idem
(3) Without restricting the
generality of subsection (2), every one shall be deemed wilfully to attempt to
obstruct, pervert or defeat the course of justice who in a judicial proceeding,
existing or proposed,
(a) dissuades or attempts to
dissuade a person by threats, bribes or other corrupt means from giving
evidence;
(b) influences or attempts to
influence by threats, bribes or other corrupt means a person in his conduct as
a juror; or
(c) accepts or obtains, agrees
to accept or attempts to obtain a bribe or other corrupt consideration to
abstain from giving evidence, or to do or to refrain from doing anything as a
juror.
R.S.,
c. C-34, s. 127;
R.S., c. 2(2nd Supp.), s. 3;
1972, c. 13, s. 8.
--------------------------
Reference: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-214.html#h-308
SCHEDULE TO PART XXII.1
(Section 715.3 and
subsections 715.32(2) and 715.43(2) and (3))
Offences in respect of which a remediation agreement may be
entered into
1 An offence under any of the following provisions of
this Act:
(a) section 119 or 120 (bribery of officers);
(b) section 121 (frauds on the government);
(c) section 123 (municipal corruption);
(d) section 124 (selling or purchasing office);
(e) section 125 (influencing or negotiating appointments
or dealing in offices);
(f) subsection 139(3) (obstructing justice);
(g) section 322 (theft);
(h) section 330 (theft by person required to account);
(i) section 332 (misappropriation of money held under
direction);
(j) section 340 (destroying documents of title);
(k) section 341 (fraudulent concealment);
(l) section 354 (property obtained by crime);
(m) section 362 (false pretence or false statement);
(n) section 363 (obtaining execution of valuable
security by fraud);
(o) section 366 (forgery);
(p) section 368 (use, trafficking or possession of
forged document);
(q) section 375 (obtaining by instrument based on forged
document);
(r) section 378 (offences in relation to registers);
(s) section 380 (fraud);
(t) section 382 (fraudulent manipulation of stock
exchange transactions);
(u) section 382.1 (prohibited insider trading);
(v) section 383 (gaming in stocks or merchandise);
(w) section 389 (fraudulent disposal of goods on which
money advanced);
(x) section 390 (fraudulent receipts under Bank Act);
(y) section 392 (disposal of property to defraud
creditors);
(z) section 397 (books and documents);
(z.1) section 400 (false prospectus);
(z.2) section 418 (selling defective stores to Her
Majesty); and
(z.3) section 426 (secret commissions).
(z.4) section 462.31 (laundering proceeds of crime).
2 An offence under any of the following provisions of
the Corruption of Foreign Public Officials Act:
a) section 3 (bribing a foreign public official); and
b) section 4 (maintenance or destruction of books and
records to facilitate or hide the bribing of a foreign public official).
3 A conspiracy or an attempt to commit, being an
accessory after the fact in relation to, or any counselling in relation to, an
offence referred to in section 1 or 2.
2018, c. 12, s. 405.
Date modified: 2019-03-26