Bills

Summary

Standing Senate Committee on Legal and Constitutional Affairs Report

Standing Committee on Justice and Human Rights Report

This enactment amends various Acts in relation to criminal and correctional matters.

It amends the Criminal Code to, among other things,

(a) create a new offence that prohibits engaging in a pattern of coercive or controlling conduct toward an intimate partner;

(b) provide that, in the following circumstances, murder — known as femicide when committed against a female person — is murder in the first degree:

(i) the murder is committed against an intimate partner in the context of a pattern of coercive or controlling conduct,

(ii) the murder is committed in the context of sexual violence,

(iii) the murder is committed in the context of human trafficking, or

(iv) the murder is motivated by hate;

(c) provide that, if an offender commits manslaughter in those circumstances, the court must consider whether to impose a sentence of imprisonment for life on the offender and, if that sentence is imposed, an adult offender is ineligible for parole for 10 to 25 years;

(d) remove from the criminal harassment offence the requirement to prove that the victim subjectively feared for their safety and replace it with a requirement to prove that the harassing conduct could reasonably be expected to cause the victim to believe that someone’s safety is threatened;

(e) amend the offence of non-consensual distribution of an intimate image to include, among such images, a visual representation showing an identifiable person depicted as nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person;

(f) amend certain existing child sexual offences to include prohibiting a person from inviting a child to expose their own sexual organs for a sexual purpose;

(g) criminalize the distribution of visual representations of bestiality;

(h) create a new offence relating to the recruitment of a person under 18 years of age to be a party to an offence;

(i) provide that victims of certain offences, such as offences in the commission of which violence was used, threatened or attempted against an intimate partner, are entitled to testimonial aids;

(j) permit courts to order that an offender serve a period of imprisonment below a mandatory minimum term of imprisonment, but only if the mandatory minimum term of imprisonment would amount to cruel and unusual punishment for that particular offender;

(k) create a new Part establishing a framework for applying alternative measures and restorative justice processes in appropriate cases;

(l) create a new Part in respect of unreasonable delay that requires a court to consider specific factors in relation to case complexity, directs a court to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;

(m) streamline and strengthen the procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced; and

(n) allow the possibility of using affidavit evidence for certain cases involving identity theft and identity fraud.

The enactment also makes consequential amendments to other Acts.

The enactment also amends the Youth Criminal Justice Act to, among other things,

(a) ensure that it better reflects the Canadian Victims Bill of Rights with respect to the rights and interests of victims;

(b) modernize the principle requiring consideration of the needs of young persons, including by requiring particular attention to those of Aboriginal and Black young persons; and

(c) allow youth justice courts to order that a young person enter into a recognizance if there is a reasonable fear that the young person will commit a child sexual offence.

The enactment also amends the Canadian Victims Bill of Rights to

(a) modify the preamble to affirm the importance of victim-centred and trauma-informed approaches;

(b) provide victims with the right to be treated with respect, courtesy, compassion and fairness;

(c) enable victims to receive information without being required to make a request;

(d) provide that victims have the right to receive information about their rights under that Act and the protection measures that are available to them;

(e) broaden the information that victims have the right to receive about available restorative justice processes; and

(f) clarify the right of victims to present a victim impact statement at sentencing and a victim statement for consideration when decisions regarding parole or corrections are made about the offender who harmed them.

The enactment also amends the National Defence Act to, among other things,

(a) provide that victims of certain offences, such as offences in the commission of which violence was used, threatened or attempted against an intimate partner, are entitled to testimonial aids;

(b) create a new Division in respect of unreasonable delay that requires a court martial to consider specific factors in relation to case complexity, directs a court martial to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court martial is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;

(c) streamline and strengthen the procedural rules to align with the Criminal Code procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced;

(d) provide victims with the right to be treated with respect, courtesy, compassion and fairness;

(e) provide that victims have the right to receive information about their rights under the Division of the National Defence Act entitled “Declaration of Victims Rights” and information about the protection measures that are available to them; and

(f) enable victims to receive information from authorities in the military justice system without being required to make a request.

The enactment also amends An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service to, among other things,

(a) clarify the types of Internet services covered by that Act;

(b) require that transmission data be provided with the mandatory notification in cases where the material is manifestly child sexual abuse and exploitation material;

(c) extend the period of preservation of data related to an offence; and

(d) extend the limitation period for the prosecution of an offence under that Act.

The enactment also amends the Firearms Act to clarify that an individual whose firearms licence or registration certificate has been revoked is required to deliver their firearm to a peace officer, firearms officer or chief firearms officer and to provide that an individual is not eligible to hold a licence under that Act if the chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence or stalking.

The enactment also amends the Corrections and Conditional Release Act to, among other things, enhance the disclosure of information to victims and other components of the criminal justice system and provide for the submission of victim statements in certain instances.

Finally, the enactment also amends the Mutual Legal Assistance in Criminal Matters Act to facilitate legal assistance between Canada and supranational bodies with responsibility for criminal investigations or prosecutions.

The full text of the Bill.

Sponsor: Justice Minister and Attorney General, and Minister responsible for the Atlantic Canada Opportunities Agency Sean Fraser (Central Nova, N.S.)