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JUST Committee Report

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Bill C-305, An Act to amend the Criminal Code (mischief)
In accordance with its Order of Reference of Wednesday, February 8, 2017, your Committee has considered Bill C-305, An Act to amend the Criminal Code (mischief), and agreed on Thursday, March 9, 2017, to report it with the following amendments:
Clause 1
That Bill C-305, in Clause 1, be amended by replacing line 11 on page 1 with the following:

“or ethnic origin, age, sex, sexual orientation or mental or physical disability,”

That Bill C-305, in Clause 1, be amended

(a) by replacing line 23 on page 1 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational in-”

(b) by replacing line 29 on page 1 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative,”

(c) by replacing line 7 on page 2 with the following:

“structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for se-”

New Clause 2
That Bill C-305 be amended by adding after line 9 on page 2 the following new clause:

“COORDINATING AMENDMENT

2 If Bill C-16, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canadian Human Rights Act and the Criminal Code, receives royal assent, then, on the first day on which both section 3 of that Act and section 1 of this Act are in force, the portion of subsection 430(4.‍1) of the Criminal Code before paragraph (a) is replaced by the following:

(4.1) Everyone who commits mischief in relation to property described in any of paragraphs 4.‍101(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability,”

Your Committee has ordered a reprint of Bill C-305, 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 (Meetings No. 46 to 49) is tabled.