JUST Committee Report

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Committee Report

Eighth Report

Standing Committee on Justice and Human Rights (JUST)

44th Parliament, 1st Session

Study

Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material)

In accordance with its Order of Reference of Wednesday, November 23, 2022, your committee has considered Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material), and agreed on Monday, December 5, 2022, to report it with the following amendments:

Clause 1

That Bill C-291, in Clause 1, be amended by

(a) replacing line 7 on page 1 with the following:

163.1 (1) In this section, “child sexual abuse and exploitation material”

(b) replacing line 13 on page 1 with the following:

abuse and exploitation material is guilty of an indictable offence and liable

(d) replacing line 4 on page 2 with the following:

(4) Every person who possesses any child sexual abuse and exploitation

(e) replacing line 9 on page 2 with the following:

(4.1) Every person who accesses any child sexual abuse and exploitation

(f) replacing lines 14 and 15 on page 2 with the following:

cesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmit-

(g) replacing line 22 on page 2 with the following:

alleged to constitute child sexual abuse and exploitation material was or

Clause 2

That Bill C-291, in Clause 2, be amended by

(a) replacing line 33 on page 2 with the following:

diction of the court, is child sexual abuse and exploitation material as

(b) replacing line 39 on page 2 with the following:

abuse and exploitation material, a voyeuristic recording, an intimate

sexual abuse and exploitation material, a voyeuristic recording, an inti-

(d) replacing line 16 on page 3 with the following:

subsection (1) is obscene, child sexual abuse and exploitation material, a

Clause 3

That Bill C-291, in Clause 3, be amended by

(a) replacing line 27 on page 3 with the following:

material — namely, child sexual abuse and exploitation material as de-

(b) replacing line 32 on page 3 with the following:

abuse and exploitation material, a voyeuristic recording, an intimate im-

that the material is child sexual abuse and exploitation material as de-

(d) replacing line 4 on page 4 with the following:

abuse and exploitation material, the voyeuristic recording, the intimate

(e) replacing line 12 on page 4 with the following:

sexual abuse and exploitation material as defined in section 163.1, a

(f) replacing line 16 on page 4 with the following:

342.1(2) that makes child sexual abuse and exploitation material, the

Clause 4

That Bill C-291, in Clause 4, be amended by replacing line 25 on page 4 with the following:

material that is not child sexual abuse and exploitation material, as de-

Clause 5

That Bill C-291, in Clause 5, be amended by replacing line 30 on page 4 with the following:

(xxix) section 163.1 (child sexual abuse and exploitation material),

Clause 6

That Bill C-291, in Clause 6, be amended by replacing line 38 on page 4 with the following:

ing that constitutes child sexual abuse and exploitation material within

Clause 7

That Bill C-291, in Clause 7, be amended by replacing line 4 on page 5 with the following:

(i.8) section 163.1 (child sexual abuse and exploitation material),

Clause 8

That Bill C-291, in Clause 8, be amended by replacing line 8 on page 5 with the following:

(viii) section 163.1 (child sexual abuse and exploitation material),

Clause 9

That Bill C-291, in Clause 9, be amended by replacing line 19 on page 5 with the following:

a recording that constitutes child sexual abuse and exploitation material

Clause 10

That Bill C-291, in Clause 10, be amended by replacing line 26 on page 5 with the following:

(vi) section 163.1 (child sexual abuse and exploitation material),

Clause 11

That Bill C-291, in Clause 11, be amended by replacing lines 32 to 35 on page 5 with the following:

tion 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation materi-

Clause 12

That Bill C-291, in Clause 12, be amended by replacing line 10 on page 6 with the following:

placed by a reference to “child sexual abuse and exploitation ma-

New Clause 13

That Bill C-291 be amended by adding after line 32 on page 6 the following:

Transitional Provision

13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.

That Bill C-291 be amended by adding after line 32 on page 6 the following:

Coming into Force

13 This Act comes into force on the first anniversary of the day on which it receives royal assent.

Title

That Bill C-291 be amended by replacing the long title on page 1 with the following:

An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)

Your committee has ordered a reprint of Bill C-291, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meeting No. 42) is tabled.