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JUST Committee Report

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In accordance with its Order of Reference of Thursday, June 15, 2017, your Committee has considered Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, and agreed on Wednesday, November 8, 2017, to report it with the following amendments:

Clause 10

That Bill C-51, in Clause 10, be amended

(a) by replacing line 4 on page 5 with the following:

“10 (1) Section 153.1 of the Act is amended by adding the following after subsection (2):

(2.1) Consent must be present at the time the sexual activity in question takes place.

(2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.

(2) The portion of subsection 153.1(3) of the”

(b) by replacing lines 28 to 30 on page 5 with the following:

“(iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;”

New Clause 13.1

That Bill C-51 be amended by adding after line 20 on page 7 the following new clause:

“13.1 Paragraphs 176(1)(a) and (b) of the Act are replaced by the following:

(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or

(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)

(i) assaults or offers any violence to them, or

(ii) arrests them on a civil process, or under the pretence of executing a civil process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.”

Clause 14

That Bill C-51, in Clause 14, be amended by replacing line 21 on page 7 with the following:

“14 Sections 177 and 178 of the Act are replaced by”

Clause 19

That Bill C-51, in Clause 19, be amended by replacing line 26 on page 8 with the following:

“19 (1) Section 273.1 of the Act is amended by adding the following after subsection (1):

(1.1) Consent must be present at the time the sexual activity in question takes place.

(1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (3) or (4) is a question of law.

(2) The portion of subsection 273.1(2) of the”

Clause 20

That Bill C-51, in Clause 20, be amended by replacing lines 17 to 19 on page 9 with the following:

“(iii) any circumstance referred to in subsection 265(3) or 273.1(2) or (3) in which no consent is obtained;”

Clause 25

That Bill C-51, in Clause 25, be amended by replacing line 13 on page 11 with the following:

“record relating to a complainant that is in”

New Clause 43.1

That Bill C-51 be amended by adding after line 25 on page 17 the following new clause:

“43.1 Section 379 of the Act is replaced by the following:

379 In this Part, goods means anything that is the subject of trade or commerce.”

Your Committee has ordered a reprint of Bill C-51, 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 Nos. 70 to 73 and 75) is tabled.