FEWO Committee Report

Clause 1

That Bill C-225, in Clause 1, be amended by replacing line 9 on page 1 with the following:

“partner and the death is caused by that person while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened.”

New Clause 1.1

That Bill C-225 be amended by adding after line 9 on page 1 the following:

“1.1 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following:

(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter against their intimate partner while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause their intimate partner to believe that their physical or psychological safety is threatened.”

Clause 2

That Bill C-225, in Clause 2, be amended by replacing lines 11 on page 1 to line 8 on page 2 with the following:

“ter section 263:

263.1 (1) Everyone who commits an offence — referred to in this section as the “included offence” — in which violence is used, threatened or attempted against their intimate partner is

(a) guilty of an indictable offence and liable to the punishment provided for in subsection (3); or

(b) guilty of an offence punishable on summary conviction.

(2) No proceedings under subsection (1) shall be

(a) commenced by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings; or

(b) commenced by way of summary conviction proceedings if the included offence may be prosecuted only by way of indictment.

(3) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than

(a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;

(b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;

(c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or

(d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.

(4) Subject to paragraphs (1)(a) and (b) and subsections (2) and (3), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).”

Clause 3

Clause 3 is deleted.

Clause 4

Clause 4 is deleted.

Clause 5

Clause 5 is deleted.

Clause 6

Clause 6 is deleted.

Clause 7

That Bill C-225, in Clause 7, be amended by

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

“7 The portion of subsection 490(2) of the Act”

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

“paragraph (1)(b) for a period of more than 180 days after”

(c) deleting line 6 on page 4 to line 2 on page 5.

Clause 8

Clause 8 is deleted.

New Clause 8.1

That Bill C-225 be amended by adding after line 15 on page 5 the following:

“8.1 Paragraph 515(6)(b.1) of the Act is replaced by the following:

(b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused

(i) has been previously convicted or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of the accused, or

(ii) was, at the time the offence is alleged to have been committed, subject to a recognizance entered into under section 810, 810.02, 810.03, 810.1 or 810.2, in the case where the information for the recognizance was laid on behalf of any intimate partner of the accused;”

Clause 9

Clause 9 is deleted.

New Clause 10

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“10 Section 662 of the Act is amended by adding the following after subsection (5):

(5.1) For greater certainty, if a count charges an offence under subsection 263.1(1) and the evidence does not prove that offence but proves an included offence, the accused may be found guilty of the offence that is proved.”

New Clause 11

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“11 Paragraph (b) of the definition “sentence” in section 673 of the Act is replaced by the following:

(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 745.52,”

New Clause 12

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“12 (1) Subsection 675(2) of the Act is replaced by the following:

(2) A person who has been convicted of second degree murder, or of manslaughter in the circumstances set out in subsection 236(2), and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of 10 may appeal to the court of appeal against the number of years in excess of 10 of their imprisonment without eligibility for parole.

(2) Subsection 675(2.2) of the Act is replaced by the following:

(2.2) A person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and was sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.”

New Clause 13

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“13 Subsection 676(4) of the Act is replaced by the following:

(4) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder or manslaughter in the circumstances set out in subsection 236(2), against the number of years of imprisonment without eligibility for parole, being less than 25, that has been imposed as a result of that conviction.”

New Clause 14

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“14 Subsection 718.3(8) of the Act is repealed.”

New Clause 15

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“15 The Act is amended by adding the following after section 726.1:

726.11 When an offender is found guilty of an offence under subsection 263.1(1), the court shall endorse, on the information or indictment, the included offence that has been proved by the evidence and, in the absence of evidence to the contrary, the endorsement is proof of that fact.”

New Clause 16

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“16 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in subsection 236(2), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and”

New Clause 17

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“17 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following:

745.1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served

(2) Paragraph 745.1(c) of the Act is replaced by the following:

(c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in subsection 236(2) and who was 16 or 17 years of age at the time of the commission of the offence.”

New Clause 18

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“18 The Act is amended by adding the following after section 745.51:

745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in subsection 236(2), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances,

(a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or

(b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a).

(2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender.”

New Clause 19

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“19 The portion of section 746 of the Act before paragraph (a) is replaced by the following:

746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between”

New Clause 20

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“Transitional Provision

20 Subsection 236(2) of the Criminal Code does not apply with respect to an offence that is committed before the 30th day after the day on which this Act receives royal assent.”

New Clause 20.1

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“20.1 Subsection 490(2) of the Criminal Code, as amended by section 7, applies with respect to any matter or proceeding that is ongoing on the 30th day after the day on which this Act receives royal assent.”

New Clause 21

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“Coordinating Amendments

21 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 25 of the other Act comes into force before section 1 of this Act, then that section 1 is repealed.

(3) If section 1 of this Act comes into force before section 25 of the other Act, then, on the day on which that section 25 comes into force, subsection 231(3.1) of the Criminal Code is repealed.

(4) If section 25 of the other Act and section 1 of this Act come into force on the same day, then that section 1 is deemed never to have come into force and is repealed.”

New Clause 22

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“22 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 26 of the other Act comes into force before section 1.1 of this Act, then that section 1.1 and section 20 of this Act are repealed.

(3) If section 1.1 of this Act comes into force before section 26 of the other Act, then

(a) that section 26 is amended by replacing “Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding” with “Subsection 236(2) of the Act is replaced by”; and

(b) section 98 of the other Act is replaced with the following:

98 Paragraphs 236(2)(b) to (d) of the Act do not apply with respect to an offence that is committed before the commencement day.

(4) If section 26 of the other Act and section 1.1 of this Act come into force on the same day, then that section 1.1 and section 20 of this Act are deemed never to have come into force and are repealed.

(5) If section 55 of the other Act comes into force before section 11 of this Act, then that section 11 is repealed.

(6) If section 11 of this Act comes into force before section 55 of the other Act, then that section 55 is repealed.

(7) If section 55 of the other Act and section 11 of this Act come into force on the same day, then that section 11 is deemed never to have come into force and is repealed.

(8) If section 56 of the other Act comes into force before section 12 of this Act, then that section 12 is repealed.

(9) If section 56 of the other Act and section 12 of this Act come into force on the same day, then that section 12 is deemed never to have come into force and is repealed.

(10) If section 57 of the other Act comes into force before section 13 of this Act, then that section 13 is repealed.

(11) If section 57 of the other Act and section 13 of this Act come into force on the same day, then that section 13 is deemed never to have come into force and is repealed.

(12) If section 72 of the other Act comes into force before section 16 of this Act, then that section 16 is repealed.

(13) If section 16 of this Act comes into force before section 72 of the other Act, then that section 72 is amended by replacing “Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph” with “Paragraph 745(c.1) of the Act is replaced by the following”.

(14) If section 72 of the other Act and section 16 of this Act come into force on the same day, then that section 16 is deemed never to have come into force and is repealed.

(15) If section 73 of the other Act comes into force before section 17 of this Act, then that section 17 is repealed.

(16) If section 73 of the other Act and section 17 of this Act come into force on the same day, then that section 17 is deemed never to have come into force and is repealed.

(17) If section 74 of the other Act comes into force before section 18 of this Act, then that section 18 is repealed.

(18) If section 18 of this Act comes into force before section 74 of the other Act, then that section 74 is amended by replacing “The Act is amended by adding the following after section 745.51” with “Section 745.52 of the Act is replaced by the following”.

(19) If section 74 of the other Act and section 18 of this Act come into force on the same day, then that section 18 is deemed never to have come into force and is repealed.

(20) If section 75 of the other Act comes into force before section 19 of this Act, then that section 19 is repealed.

(21) If section 19 of this Act comes into force before section 75 of the other Act, then that section 75 is repealed.

(22) If section 75 of the other Act and section 19 of this Act come into force on the same day, then that section 19 is deemed never to have come into force and is repealed.”

New Clause 23

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“23 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which subsection 2(1) of the other Act and section 2 of this Act are in force, subsection 3.01(2) of the Criminal Code is amended by adding the following after paragraph (b):

(b.1) subsection 263.1(1);

(3) If subsection 2(1) of the other Act comes into force before section 14 of this Act, then, on the day on which section 14 comes into force, paragraph 3.01(2)(g) of the Criminal Code is repealed.

(4) If section 14 of this Act comes into force before subsection 2(1) of the other Act, then that subsection 2(1) is amended by repealing the paragraph 3.01(2)(g) that it enacts.

(5) If subsection 2(1) of the other Act and section 14 of this Act come into force on the same day, then that section 14 is deemed to have come into force before that subsection 2(1) and subsection (4) applies as a consequence.”

New Clause 23.1

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“23.1 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 44 of the other Act comes into force before section 7 of this Act, then that section 7 and section 20.1 of this Act are repealed.

(3) If section 7 of this Act comes into force before section 44 of the other Act, then that section 44 and section 104 of the other Act are repealed.

(4) If section 44 of the other Act and section 7 of this Act come into force on the same day, then that section 7 and section 20.1 of this Act are deemed never to have come into force and are repealed.”

New Clause 24

That Bill C-225 be amended by adding after line 34 on page 5 the following:

“Coming into Force

24 The provisions of this Act, other than the provisions that are coordinating amendments, come into force on the 30th day after the day on which this Act receives royal assent.”