* Forwarded (from: CLIB-SIGTYR) by Lazarus Long using timEd 1.01.
* Originally from Lazarus Long (350:2/100.1) to All.
* Original dated: Feb 29 '96, 20:53
First Session, Thirty-fifth Parliament, 42-43-44 Elizabeth II 1994-95
                       THE SENATE OF CANADA
                            BILL S-13
       An Act to amend the Criminal Code (abuse of process)
                 First reading, November 29, 1995
                   The Honourable Senator Cools
Preamble
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;
AND WHEREAS it is in the public interest that conduct of that kind be made 
criminal and not merely unethical in order to prevent the administration of 
justice being adversely affected;
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:
This enactment creates three new offences in the Criminal Code making it an 
offence for counsel in judicial proceedings to
     a)     make public statements outside the tribunal that are known by 
counsel to be false or that counsel failed to take
reasonable measures to ascertain were false; b)     institute or proceed with 
proceedings known by counsel to be brought primarily to intimidate or injure 
another person; or c) knowingly to deceive or participate in deceiving the 
tribunal or to rely on false, deceptive, exaggerated or inflammatory 
documents.
Public statement 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
     a)     knowing that some or all of the facts asserted by
     means of the statement are not true, b)     having no
     reasonable grounds for believing that the facts asserted by
     means of the statement are true, or c)     having failed to
     take reasonable measures before making the statement to
     ascertain the truth of the facts asserted by means of the
     statement, 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
     a)     deposited or filed with or intended to be deposited or filed with 
the tribunal or body authorized by law to conduct the proceedings, or
     b)     deposited or filed in any other judicial proceedings.
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,
     a)     wilfully deceives or knowingly participates in
deceiving the tribunal or other body legally authorized to conduct the 
proceedings, or b)     wilfully presents or knowingly relies upon a false, 
deceptive, exaggerated or inflammatory document, whether or not under oath.
Published under authority of the Senate by the Queen's Printer for Canada 
Available from Canada Communication Group - Publishing, Public Works and 
Government Services Canada, Ottawa, Canada K1A 0S9
Visit the Rational Anarchist HomePage at:
http://vaxxine.com/rational/lazarus.html
... Feminists give a new meaning to Husband Hunting
___ timEd 1.01
 - Origin: The Anarchist's Freehold * Free State of Anarchy * (350:2/100.1)
--- timEd 1.01
---------------