2nd Session,
36th Parliament, THE SENATE OF CANADA
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BILL S-9 |
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An Act to amend the Criminal Code (abuse of process) |
WHEREAS the pervasive, intrusive
and instantaneous nature of modern media news coverage increases the pressure on counsel
in judicial proceedings to participate publicly in news events in the interests of their
clients or in other ways extend their activities as counsel to include conduct considered
unethical under the rules of their profession; |
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R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, cc. 5, 17, 18, 25, 28, 31, 32 | NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: |
1. The Criminal Code is amended by adding immediately after section 134 the following: | |
Public statements by counsel |
135. (1) Every person who,
while acting or purporting to act as counsel in respect of any anticipated, current or
completed judicial proceedings, makes any public statement of facts in relation to the
judicial proceedings out of the presence of the tribunal or body authorized by law to
conduct the proceedings
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. |
Statement includes court documents |
(2) For the purpose of subsection (1), a
statement of facts in relation to the judicial proceedings includes a reading from or an
express reference to documents
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Abuse of process |
135.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who, as counsel in any judicial proceedings, institutes or prosecutes proceedings that he or she knows are brought primarily for the purpose of intimidating or injuring another person. |
Idem | (2) Every person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years who, as counsel in
any judicial proceedings,
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