FEWO Committee Report

Clause 1

That Bill S-205, in Clause 1, be amended by

(a) replacing lines 4 to 17 on page 1 with the following:

“1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by”

(b) replacing line 1 on page 2 with the following:

“(2) The Act is amended by adding the following”

That Bill S-205, in Clause 1, be amended by replacing, in the French version, line 23 on page 1 with the following:

“tenaire intime, s’il a été auparavant condamné”

Clause 2

That Bill S-205, in Clause 2, be amended by

(a) replacing lines 9 to 12 on page 2 with the following:

“810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information”

(b) replacing line 32 to 34 on page 2 with the following:

“(5) The provincial court judge may commit the defen-”

(c) replacing line 1 on page 3 with the following:

“(6) The provincial court judge may add any reasonable”

(d) replacing lines 4 and 5 on page 3 with the following:

“or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including condi-”

(e) replacing line 20 on page 3 with the following:

“rectly, with the intimate partner, a child of the intimate partner or”

(f) replacing lines 1 to 5 on page 4 with the following:

“(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or”

(g) replacing lines 14 and 15 on page 4 with the following:

“(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge”

(h) replacing lines 22 and 23 on page 4 with the following:

“(9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the”

(i) replacing lines 26 and 27 on page 4 with the following:

“(10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in”

(j) replacing lines 29 to 31 on page 4 with the following:

“(11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their”

(k) replacing line 33 on page 4 with the following:

“(12) A warrant of committal to prison for failure or re-”

That Bill S-205, in Clause 2, be amended by replacing, in the English version, lines 15 and 16 on page 2 with the following:

“under subsection (1) may cause the parties to appear”

That Bill S-205, in Clause 2, be amended by

(a) replacing line 23 on page 2 with the following:

“not more than 12 months.”

(b) replacing line 30 on page 2 with the following:

“into the recognizance for a period of not more than two”

(c) replacing line 35 on page 2 with the following:

“dant to prison for a term not exceeding 12 months if the”

That Bill S-205, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.”

That Bill S-205, in Clause 2, be amended by

(a) replacing line 14 on page 3 with the following:

“(c) to refrain from going to any specified place or being within a specified distance of any specified place, except”

(b) replacing lines 24 and 25 on page 3 with the following:

“(f) to abstain from the consumption of drugs — ex-”

(c) replacing line 28 on page 3 with the following:

“(g) to provide, for the purpose of analysis, a sample of”

(d) replacing line 38 on page 3 with the following:

“(h) to provide, for the purpose of analysis, a sample of”

That Bill S-205, in Clause 2, be amended by replacing, in the English version, line 22 on page 3 with the following:

“intimate partner, except in accordance with any specified”

Clause 3

That Bill S-205, in Clause 3, be amended by

(a) replacing line 10 on page 5 with the following:

“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g),”

(b) replacing line 15 on page 5 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i)”

(c) replacing line 2 on page 6 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or”

Clause 6

That Bill S-205, in Clause 6, be amended by replacing line 31 on page 7 with the following:

“(e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (sec-”

That Bill S-205, in Clause 6, be amended by

(a) replacing lines 34 and 35 on page 7 with the following:

“directly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner,”

(b) replacing line 37 on page 7 with the following:

“that the judge considers necessary (section 810.03”

That Bill S-205, in Clause 6, be amended by

(a) deleting lines 39 to 40 on page 7;

(b) adding after line 44 on page 7 the following:

“(f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);”

Clause 7

That Bill S-205, in Clause 7, be amended by replacing line 13 on page 8 with the following:

“810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and”

Clause 8

That Bill S-205, in Clause 8, be amended by replacing lines 18 to 21 on page 8 with the following:

“fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, and a provincial”

New Clause 10.1

That Bill S-205 be amended by adding before line 23 on page 9 the following:

“10.1 (1) Subsections (2) and (3) apply if Bill C-21, introduced in the 1st session of the 44th Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 1(5) of the other Act and section 2 of this Act are in force, subsection 810.03(7) of the Criminal Code is replaced by the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(3) On the first day on which both subsection 13.12(1) of the other Act and subsection 6(2) of this Act are in force, paragraph (c) of Form 32 of Part XXVIII of the Criminal Code after the heading “List of Conditions” is replaced by the following:

(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);”

Clause 11

Clause 11 is deleted.