JUST Committee Report

In accordance with its Order of Reference of Monday, June 11, 2018, your Committee has considered Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, and agreed on Monday, October 29, 2018, to report it with the following amendments:

Clause 15

That Bill C-75, in Clause 15, be amended

(a) by replacing line 28 on page 7 with the following:

“15 (1) The portion of section 83.02 of the English version of the Act be- ”

(b) by replacing lines 3 and 4 on page 8 with the following:

“years who, directly or indirectly, wilfully and with-”

Clause 16

That Bill C-75, in Clause 16, be amended

(a) by replacing line 10 on page 8 with the following:

“16 (1) The portion of section 83.03 of the English version of the Act be-”

(b) by replacing lines 14 and 15 on page 8 with the following:

“years who, directly or indirectly, collects property,”

Clause 17

That Bill C-75, in Clause 17, be amended

(a) by replacing line 20 on page 8 with the following:

“17 (1) The portion of section 83.04 of the English version of the Act be-”

(b) by replacing lines 24 and 25 on page 8 with the following:

“years who”

Clause 20

That Bill C-75, in Clause 20, be amended by replacing lines 27 to 30 on page 9 with the following:

“tivity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

Clause 21

That Bill C-75, in Clause 21, be amended by replacing lines 6 to 9 on page 10 with the following:

“83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

Clause 22

That Bill C-75, in Clause 22, be amended by replacing lines 18 to 21 on page 10 with the following:

“such communication, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

Clause 23

That Bill C-75, in Clause 23, be amended

(a) by replacing line 22 on page 10 with the following:

“23 (1) Subsection 83.23(1) of the Act is replaced by the fol-”

(b) by replacing line 35 on page 10 to line 1 on page 11 with the following:

“for a term of not more than 10 years, if the person who”

(c) by adding after line 4 on page 11 the following:

“(2) Subsection 83.23(2) of the English version of the Act is replaced by the following:”

(d) by replacing lines 9 to 12 on page 11 with the following:

“terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.”

Clause 25

Clause 25 is deleted.

Clause 49

That Bill C-75, in Clause 49, be amended by replacing line 31 on page 18 with the following:

“cordance with a summons, appearance notice, undertaking or release order, to comply with a condition”

Clause 62

That Bill C-75, in Clause 62, be amended by replacing lines 22 to 24 on page 22 with the following:

“62 Section 179 of the Act is repealed.”

New Clause 65.1

That Bill C-75 be amended by adding after line 8 on page 23 the following:

“65.1 Subparagraph (a)(xxxiv) of the definition offence in section 183 of the Act is repealed.”

New Clauses 71.1 and 71.2

That Bill C-75 be amended by adding after line 9 on page 25 the following:

“71.1 (1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.

(2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:

disorderly house means a common betting house or a common gaming house; (maison de désordre)

71.2 (1) Subsection 199(1) of the Act is replaced by the following:

199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

(2) Subsection 199(6) of the Act is replaced by the following:

(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.”

Clause 75

That Bill C-75, in Clause 75, be amended by replacing line 31 on page 25 to line 5 on page 26 with the following:

“75 The heading before section 210 and sections 210 and 211 of the Act are repealed.”

Clause 104

That Bill C-75, in Clause 104, be amended by replacing line 12 on page 35 with the following:

“160, 170, 171, 172, 173, 213, 271, 272, 273,”

Clause 122

That Bill C-75, in Clause 122, be amended by replacing lines 4 to 7 on page 40 with the following:

“cide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.”

Clause 170

That Bill C-75, in Clause 170, be amended by replacing, in the English version, lines 30 and 31 on page 56 with the following:

“movable property permanently attached or joined to the immovable property, is guilty of”

Clause 192

That Bill C-75, in Clause 192, be amended by replacing line 5 on page 62 with the following:

“173, 213, 271, 272, 273, 279.01, 279.011,”

Clause 217

That Bill C-75, in Clause 217, be amended by replacing, in the English version, lines 14 and 15 on page 71 with the following:

“suring the safety and security of any victim of or witness to the offence.”

Clause 228

That Bill C-75, in Clause 228, be amended by replacing, in the English version, line 8 on page 81 with the following:

“oath, solemn declaration or solemn affirmation in Form 12 that”

Clause 230

That Bill C-75, in Clause 230, be amended by

(a) replacing line 20 on page 82 with the following:

“230 (1) The portion of subsection 519(1) of the Act”

(b) adding after line 24 on page 82 the following:

“(2) Subsection 519(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.”

Clause 236

That Bill C-75, in Clause 236, be amended by replacing, in the English version, line 20 on page 86 with the following:

“this section; or”

Clause 253

That Bill C-75, in Clause 253, be amended by replacing lines 23 to 31 on page 98 with the following:

“(2) Subsection 551.3(1) of the Act is amended by”

New Clause 253.1

That Bill C-75 be amended by adding after line 4 on page 99 the following:

“253.1 Subparagraph 553(c)(vi) of the Act is repealed.”

Clause 278

Clause 278 is deleted.

Clause 290

That Bill C-75, in Clause 290, be amended by replacing lines 27 to 29 on page 119 with the following:

“the person be detained in custody or be released on recognizance, with or without sureties.”

Clause 291

That Bill C-75, in Clause 291, be amended by replacing lines 1 and 2 on page 120 with the following:

“be discharged or to be released on recognizance, with or without sureties, so that”

Clause 313

That Bill C-75, in Clause 313, be amended by

(a) replacing lines 6 and 7 on page 132 with the following:

“763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or”

(b) replacing lines 11 and 12 on page 132 with the following:

“sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with”

(c) adding after line 15 on page 132 the following:

“(2) A summary of section 763 must be set out in any undertaking, release order or recognizance.”

(d) replacing lines 30 and 31 on page 132 with the following:

“(4) A summary of subsections (1) to (3) must be set out in any undertaking or re-”

Clause 315

That Bill C-75, in Clause 315, be amended by

(a) replacing lines 17 to 19 on page 136 with the following:

“posite “Ontario” in column I, is replaced by a reference to “a release order or recognizance”.”

(b) replacing, in the English version, line 20 on page 136 with the following:

“(2)  The reference to “all other recognizances” in column II”

(c)  replacing line 23 on page 136 with the following:

“to “undertakings or all other release orders or recog-”

(d)  adding the following after line 24 on page 136 with the following:

“(3)  The references to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “British Columbia” in column I, are replaced by references to “an undertaking, release order or recognizance”.”

New Clause 320.1

That Bill C-75 be amended by adding after line 32 on page 137 the following:

“320.1 Section 802.1 of the Act is replaced by the following:

802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless

(a) the defendant is an organization;

(b) the defendant is appearing to request an adjournment of the proceedings; or

(c) the agent is authorized to do so under a program approved — or criteria established — by the lieutenant governor in council of the province.”

Clause 329

That Bill C-75, in Clause 329, be amended by replacing line 31 on page 141 with the following:

“taking, release order or recognizance.”

Clause 331

That Bill C-75, in Clause 331, be amended by replacing line 5 on page 142 with the following:

“with “release order or recogni-”

Clause 333

That Bill C-75, in Clause 333, be amended by replacing lines 14 and 15 on page 142 with the following:

““To” and ends with “(territorial division):” is replaced by the following:

Whereas (name of person) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), which, on the day on which the person was sentenced or discharged, was a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.”

Clause 334

That Bill C-75, in Clause 334, be amended by replacing line 21 on page 142 to line 5 on page 143 with the following:

“334 (1) The portion of Form 5.04 of Part XXVIII of the Act that begins with “Whereas” and ends with “the “offender”,” is replaced by the following:

Whereas (name of person), in this order called the “person”,

(2) The portion of paragraph (b) of the English version of Form 5.04 of Part XXVIII of the Act before subparagraph (i) is replaced by the following:

(b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

(3) The portion of Form 5.04 of Part XXVIII of the Act that follows subparagraph (b)(v) is replaced by the following:

Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court;

And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;

Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated (date), at (place).

(Signature of judge of the court or clerk of the court)”

Clause 337

That Bill C-75, in Clause 337, be amended by replacing, in the English version, line 5 on page 145 with the following:

“be issued (Section 512 or 512.1 of the Criminal Code)”

Clause 343

That Bill C-75, in Clause 343, be amended by replacing, in the English version, line 11 on page 160 with the following:

“(Signature of justice or clerk of the court)”

Clause 347

That Bill C-75, in Clause 347, be amended by

(a) replacing line 23 on page 162 with the following:

“347 Form 25 of Part XXVIII of the Act is re-”

(b) by deleting line 29 on page 163 to line 4 on page 165.

Clause 351

That Bill C-75, in Clause 351, be amended by

(a) replacing line 14 on page 168 with the following:

“(Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1,”

(b) replacing line 6 on page 169 with the following:

“5 Conditions in effect

I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

6 Signatures”

(c) replacing line 48 on page 170 with the following:

“(n) appears in court as required (sections 550, 706 and 707 of the”

Clause 353

That Bill C-75, in Clause 353, be amended by

(a) replacing line 32 on page 172 with the following:

“353 Form 38 of Part XXVIII of the Act is re-”

(b) deleting line 24 on page 173 to line 14 on page 174.

Clause 361

That Bill C-75, in Clause 361, be amended by replacing line 29 on page 176 with the following:

“tered into under subsection”

Clause 362

That Bill C-75, in Clause 362, be amended by replacing line 5 on page 177 with the following:

“other mode of trial not later than 14 days before”

New Clause 363.1

That Bill C-75 be amended by adding after line 14 on page 177 the following:

“Section 83.3 of the Criminal Code

363.1 (1) If, in accordance with section 83.32 of the Criminal Code, section 83.3 of that Act does not have effect on the day on which section 26 comes into force, then that section 26 is deemed never to have come into force and is repealed.

(2) However, if, after the day referred to in subsection (1), Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017, receives royal assent and, by operation of section 157.1 of that Act, section 83.3 of the Criminal Code becomes effective again, then, as of the day on which that section 157.1 comes into force, the portion of subsection 83.3(6) of the Criminal Code before paragraph (a) is replaced by the following:

(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:”

Clause 364

That Bill C-75, in Clause 364, be amended by replacing lines 17 and 18 on page 177 with the following:

“4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or”

Clause 382

That Bill C-75, in Clause 382, be amended by replacing, in the English version, line 7 on page 183 with the following:

“adding “or” at the end of paragraph (a) and by”

Clause 384

That Bill C-75, in Clause 384, be amended by replacing, in the English version, lines 12 and 13 on page 184 with the following:

“(6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do”

Clause 389

That Bill C-75, in Clause 389, be amended by replacing lines 5 to 7 on page 185 with the following:

“day on which a Bill entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, introduced in the 1st”

Clause 400

That Bill C-75, in Clause 400, be amended

(a) by replacing line 5 on page 188 with the following:

“notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order”

(b)  by replacing line 10 on page 188 with the following:

“(5) The requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order”

(c) by replacing, in the French version, line 13 on page 188 with the following:

“cessent d'avoir effet au moment où le défendeur est avisé de la”

New Clause 403.1

That Bill C-75 be amended by adding after line 29 on page 189 the following:

“Cannabis Act

403.1 Subsections 87(3) and (4) of the Cannabis Act are replaced by the following:

(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.”

Clause 406

That Bill C-75, in Clause 406, be amended by adding after line 30 on page 195 the following:

“(10.1) On the first day on which both section 25 of the other Act and section 75 of this Act are in force, paragraph 278.92(1)(a) of the Criminal Code is replaced by the following:

(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or”

Clause 407

That Bill C-75, in Clause 407, be amended by replacing lines 2 and 3 on page 199 with the following:

“to commit a terrorism offence without identifying a specific terrorism offence is guilty of”

That Bill C-75, in Clause 407, be amended by deleting lines 7 to 13 on page 199.

Clause 409

That Bill C-75, in Clause 409, be amended by

(a) replacing line 2 on page 200 with the following:

“63, 65, 66 to 71, 72 to 74, 76 to 78, 81 to 90, 92, 94 to 99, 105 to 112 and 114 to”

(b) replacing line 7 on page 200 with the following:

“, 252, 253, 254 and 255, subsections 256(1), (4) and (5) and”

(c) replacing lines 13 to 17 on page 200 with the following:

“339(1), sections 341 to 347, subsection 348(1), sections 349 and 350, subsections 351(1) and (2) and 352(1) and (2), sections 353 to 356, subsection 373(1) and sections 379 to 382, 385, 388, 402 and 403.1 come into force on the 90th”

Clause 410

That Bill C-75, in Clause 410, be amended by

(a) replacing line 20 on page 200 with the following:

“410 Subsection 1(3), sections 5, 26, 32 to 34, 49”

(b) replacing lines 29 and 30 on page 200 with the following:

“subsection 339(2), section 340, subsections 348(2), 351(3) and 352(3), sections 364 to 372,”