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Criminal Law Amendment Act, 2001 (S.C. 2002, c. 13)

Assented to 2002-06-04

83. Subsection 822(4) of the Act is replaced by the following:

  • Marginal note:Trial de novo

    (4) Despite subsections (1) to (3), if an appeal is taken under section 813 and because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General’s agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with any rules that may be made under section 482 or 482.1, and for that purpose the provisions of sections 793 to 809 apply, with any modifications that the circumstances require.

Marginal note:R.S., c. 31 (4th Supp.), s. 97

84. Section 841 of the Act and the headings before it are replaced by the following:

PART XXVIII

MISCELLANEOUS

Electronic Documents

Marginal note:Definitions

841. The definitions in this section apply in this section and in sections 842 to 847.

“data”

« données »

“data” means representations of information or concepts, in any form.

“electronic document”

« document électronique »

“electronic document” means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data.

Marginal note:Dealing with data in court

842. Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

Marginal note:Transfer of data

  • 843. (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

  • Marginal note:Time of filing

    (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.