JUST Committee Report

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Committee Report

Fourth Report

Standing Committee on Justice and Human Rights (JUST)

45th Parliament, 1st Session

Study

Bill C-16, An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures)

In accordance with its Order of Reference of Monday, February 2, 2026, your committee has considered Bill C-16, An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures), and agreed on Wednesday, May 6, 2026, to report it with the following amendments:

Clause 2

That Bill C-16, in Clause 2, be amended by replacing lines 4 to 11 on page 2 with the following:

“(c) subsections 515(3), (4.1), (4.3) and (6);

(d) subsection 718.3(8);

(e) section 726.21; and

(f) subsection 810.03(4).”

New Clause 3.1

That Bill C-16 be amended by adding after line 28 on page 2 the following:

“3.1 The Act is amended by adding the following after section 11:

11.1 For greater certainty, no agreement may prevent or restrict a person from disclosing any information that relates to the commission of an offence to a police officer.”

Clause 6

That Bill C-16, in Clause 6, be amended by replacing line 11 on page 3 with the following:

““sexual organs” includes genital organs, breasts that are or appear to be”

Clause 14

That Bill C-16, in Clause 14, be amended

(a) by replacing line 30 on page 6 with the following:

“sonably be expected to be nude or nearly nude, to expose their sexual”

(b) by replacing line 32 on page 6 with the following:

“(b) the person is nude, is nearly nude, is exposing their sexual organs,”

Clause 15

That Bill C-16, in Clause 15, be amended by replacing lines 1 and 2 on page 7 with the following:

“(a) of an indictable offence and liable to imprisonment

(i) for a term of not more than 10 years, or

(ii) for a term of not more than 14 years if the accused knew or ought to have known that, at the time the intimate image was made, aggravated sexual assault was being, or had just been, committed against the person depicted in the image; or”

That Bill C-16, in Clause 15, be amended

(a) by replacing line 19 on page 7 with the following:

“(i) in which the person is nude, is nearly nude, is exposing their”

(b) by replacing lines 29 and 30 on page 7 with the following:

“tronic or mechanical means, including by means of artificial intelligence software, and that shows an identifiable person who is depicted as nude, as nearly nude, as exposing”

Clause 19

That Bill C-16, in Clause 19, be amended by adding after line 39 on page 10 the following:

“(5.1) If the illicit material is an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, the court must order the custodian of the computer system to delete the material within 48 hours after the order is made.”

Clause 27

That Bill C-16, in Clause 27, be amended by replacing lines 14 and 15 on page 15 with the following:

“to harass another person or knowing that, or being reckless as to whether, they would be harassing another person, engages without”

That Bill C-16, in Clause 27, be amended by replacing lines 34 and 35 on page 15 with the following:

“other person or at anyone or any animal known to them.”

Clause 28

That Bill C-16, in Clause 28, be amended by replacing lines 1 and 2 on page 17 with the following:

“(iv) any animal that is known to the intimate partner;”

That Bill C-16, in Clause 28, be amended by replacing lines 35 and 36 on page 17 with the following:

“tic, religious, spiritual or cultural community,

(vii) threatening to die by suicide or to self-harm, or

(viii) damaging, or threatening or attempting to damage, the intimate partner’s property or the property of anyone known to them.”

Clause 31

That Bill C-16, in Clause 31, be amended by replacing line 22 on page 18 with the following:

“other offence under this Act, or any other Act of Parliament, that is of a sexual nature or”

That Bill C-16, in Clause 31, be amended by replacing line 37 on page 18 with the following:

“sections 276.01, 276.02, 276.06, 276.1, 278.3 and 278.35, as the”

That Bill C-16, in Clause 31, be amended by adding after line 16 on page 19 the following:

“(4) Section 276 of the Act is amended by adding the following after subsection (4):

(5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity.”

Clause 32

That Bill C-16, in Clause 32, be amended by

(a) replacing line 29 on page 19 with the following:

“prosecutor and filed with the clerk”

(b) replacing line 37 on page 19 with the following:

“the prosecutor and filed with the”

“(5) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused.”

That Bill C-16, in Clause 32, be amended by adding after line 21 on page 21 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.”

That Bill C-16, in Clause 32, be amended by replacing lines 33 and 34 on page 21 with the following:

“provincial court judge or justice by the prosecutor to determine whether evidence is admissible un-”

That Bill C-16, in Clause 32, be amended by adding after line 13 on page 23 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

That Bill C-16, in Clause 32, be amended by replacing, in the English version, line 32 on page 24 with the following:

“direct the applicants as to the uses that they may and”

That Bill C-16, in Clause 32, be amended by adding after line 33 on page 24 the following:

“(7) For greater certainty, the complainant has the right to be represented by counsel.”

That Bill C-16, in Clause 32, be amended by adding after line 7 on page 25 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

Clause 34

That Bill C-16, in Clause 34, be amended by replacing line 22 on page 26 with the following:

“er offence under this Act, or any other Act of Parliament, that is of a sexual nature or”

That Bill C-16, in Clause 34, be amended by adding after line 36 on page 32 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

That Bill C-16, in Clause 34, be amended by replacing line 19 on page 33 with the following:

“er offence under this Act, or any other Act of Parliament, that is of a sexual nature or”

That Bill C-16, in Clause 34, be amended

(a) by replacing, in the English version, line 26 on page 33 with the following:

“(2) The prosecutor may produce to the accused”

(b) by replacing, in the English version, line 5 on page 34 with the following:

“(4) Production under subsection (2) does not affect the”

That Bill C-16, in Clause 34, be amended by adding after line 40 on page 39 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

That Bill C-16, in Clause 34, be amended by replacing line 20 on page 40 with the following:

“er offence under this Act, or any other Act of Parliament, that is of a sexual nature or”

That Bill C-16, in Clause 34, be amended by replacing line 39 on page 40 with the following:

“the proper administration of justice; and”

That Bill C-16, in Clause 34, be amended by

(a) replacing line 10 on page 42 with the following:

“given to the prosecutor and filed”

(b) replacing line 18 on page 42 with the following:

“the prosecutor and filed with the”

“(6) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused.”

That Bill C-16, in Clause 34, be amended by adding after line 7 on page 44 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

That Bill C-16, in Clause 34, be amended by adding after line 34 on page 45 the following:

“(8) For greater certainty, the complainant or any witness has the right to be represented by counsel.”

That Bill C-16, in Clause 34, be amended by adding after line 12 on page 46 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

Clause 35

That Bill C-16, in Clause 35, be amended by

(a) adding after line 6 on page 47 the following:

“(e.1) the accused used, or threatened or attempted to use, violence against any animal known to the complainant;

(e.2) the accused damaged, or threatened or attempted to damage, the complainant’s property or the property of anyone known to the complainant;”

(b) replacing line 8 on page 47 with the following:

“referred to in paragraphs (a) to (e.2) directed at another”

Clause 38

That Bill C-16, in Clause 38, be amended by replacing lines 14 to 16 on page 48 with the following:

“ment or trafficking in persons or an offence committed against their intimate partner, the judge or jus-”

Clause 39

That Bill C-16, in Clause 39, be amended by replacing lines 27 and 28 on page 49 with the following:

“fence committed against their intimate partner,”

Clause 40

That Bill C-16, in Clause 40, be amended by replacing lines 1 to 3 on page 51 with the following:

“ment or trafficking in persons or an offence committed against their intimate partner, the judge or jus-”

Clause 56

That Bill C-16, in Clause 56, be amended by replacing, in the French version, line 9 on page 61 with the following:

“(2.2) La personne âgée de moins de dix-huit ans au moment”

Clause 59

That Bill C-16, in Clause 59, be amended by replacing, in the English version, line 17 on page 64 with the following:

“(a) issuing a warning to the person; or”

That Bill C-16, in Clause 59, be amended by replacing line 9 on page 68 with the following:

“der section 715.47 or 715.48, regardless of the degree of their com-”

Clause 69

That Bill C-16, in Clause 69, be amended by replacing lines 28 and 29 on page 73 with the following:

“offence committed against their intimate partner,”

Clause 74

That Bill C-16, in Clause 74, be amended by replacing, in the English version, line 11 on page 76 with the following:

“paragraph 745.1(a).”

Clause 100

That Bill C-16, in Clause 100, be amended by replacing lines 3 to 5 on page 88 with the following:

“the Act, as enacted by section 32, and sections 278.1 to 278.38 of the Act, as enacted by section 34, apply only to an offence in respect of which a charge is laid on or after”

New Clause 118.1

That Bill C-16 be amended by adding after the heading “Review” after line 14 on page 90 the following:

“118.1 Five years after the day on which this Act receives royal assent, or as soon as feasible after that day, a comprehensive review of section 264.01 of the Criminal Code and its operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. The review is to consider, among other things, the criminalization of coercive or controlling conduct in relationships other than intimate partner relationships.”

Clause 141

That Bill C-16, in Clause 141, be amended by replacing, in the English version, line 16 on page 97 with the following:

“ferred to in sections 6 to 8 include, but are not limited to,”

That Bill C-16, in Clause 141, be amended by adding after line 21 on page 97 the following:

“(f) the Canada Border Services Agency; and

(g) the Department of Justice.”

Clause 155

That Bill C-16, in Clause 155, be amended by replacing line 29 on page 101 with the following:

“Criminal Code or any other offence under that Act or any other Act of Parliament that is”

That Bill C-16, in Clause 155, be amended by replacing line 7 on page 102 with the following:

“dance with the procedures set out in sections 180.002, 180.003,”

That Bill C-16, in Clause 155, be amended by adding after line 3 on page 103 the following:

“(5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity.”

That Bill C-16, in Clause 155, be amended by

(a) replacing line 15 on page 103 with the following:

“to the prosecutor and filed with the”

(b) replacing lines 21 and 22 on page 103 with the following:

“of the application was given to the prosecutor and filed with the Court Martial Adminis-”

“(5) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.”

That Bill C-16, in Clause 155, be amended by replacing line 27 on page 104 with the following:

“to determine whether evidence is admissi-”

That Bill C-16, in Clause 155, be amended by replacing, in the English version, line 1 on page 107 with the following:

“to the uses that they may and may not make of that”

That Bill C-16, in Clause 155, be amended

(a) by adding after line 2 on page 107 the following:

“(7) For greater certainty, the complainant has the right to be represented by counsel.”

(b) by adding after line 2 on page 126 the following:

“(8) For greater certainty, the complainant or any witness has the right to be represented by counsel.”

That Bill C-16, in Clause 155, be amended by replacing line 15 on page 108 with the following:

“Code or any other offence under that Act, or any other Act of Parliament, that is of a”

That Bill C-16, in Clause 155, be amended by replacing line 33 on page 114 with the following:

“Code or any other offence under that Act, or any other Act of Parliament, that is of a”

That Bill C-16, in Clause 155, be amended

(a) by replacing, in the English version, line 1 on page 115 with the following:

“Permitted production

(2) The prosecutor may produce to the accused person”

(b) by replacing, in the English version, line 18 on page 115 with the following:

“Application of certain provisions

(4) Production under subsection (2) does not affect the”

That Bill C-16, in Clause 155, be amended by replacing line 19 on page 121 with the following:

“Code or any other offence under that Act or any other Act of Parliament that is of a”

That Bill C-16, in Clause 155, be amended by replacing line 39 on page 121 with the following:

“the proper administration of military justice; and”

That Bill C-16, in Clause 155, be amended by

(a) replacing line 7 on page 123 with the following:

“given to the prosecutor and filed”

(b) replacing lines 13 and 14 on page 123 with the following:

“of the application was given to the prosecutor and filed with the Court Martial Adminis-”

“(6) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.”

That Bill C-16, in Clause 155, be amended by replacing, in the English version, line 37 on page 125 with the following:

“the uses that they may and may not make of that”

Clause 156

Clause 156 is deleted.

Clause 157

That Bill C-16, in Clause 157, be amended by replacing lines 8 and 9 on page 127 with the following:

“ficking in persons or an offence committed”

Clause 158

That Bill C-16, in Clause 158, be amended by replacing lines 20 and 21 on page 128 with the following:

“ficking in persons or an offence committed”

Clause 159

That Bill C-16, in Clause 159, be amended by replacing lines 23 and 24 on page 129 with the following:

“persons or an offence committed against their in-”

Clause 165

That Bill C-16, in Clause 165, be amended by replacing, in the French version, line 24 on page 136 with the following:

“qui constitue une infraction au Code criminel et qui est de”

That Bill C-16, in Clause 165, be amended by

(a) replacing lines 27 and 28 on page 136 with the following:

“offence committed against their intimate partner,”

(b) deleting lines 18 to 20 on page 137.

Clause 170

That Bill C-16, in Clause 170, be amended by adding after line 16 on page 139 the following:

“(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (f) is

(a) made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community;

(c) made by the complainant or any witness and it is made for a purpose other than to make the information known in the community, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.”

Clause 181

That Bill C-16, in Clause 181, be amended by

(a) replacing lines 18 and 19 on page 141 with the following:

“3 (1) A person who provides an Internet service to the public and who has reasonable grounds to believe that their Inter-”

(b) replacing lines 21 and 22 on page 141 with the following:

“sexual abuse and exploitation material offence must notify the law enforcement body designated by”

“cordance with the regulations, if

(a) the offence has been committed by means of a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is located in Canada;

(b) the person has possession or control of the computer system; and

(d) deleting line 31 on page 141 to line 8 on page 142.

Clause 182

That Bill C-16, in Clause 182, be amended by adding after line 22 on page 142 the following:

“9.01 A person who provides an Internet service to the public and who reports, in compliance with an obligation under the laws of a foreign jurisdiction, information related to a child sexual abuse and exploitation material offence is not required to provide a notification under section 3 with respect to the offence.”

Clause 190

That Bill C-16, in Clause 190, be amended by replacing, in the French version, line 35 on page 147 with the following:

“sieurs de ces groupes, dans le but de gérer les risques pour la sécurité de toute personne, du public ou du pénitencier;”

Clause 202

That Bill C-16, in Clause 202, be amended by adding after line 25 on page 154 the following:

“(4) On the first day on which both section 11 of the other Act and section 68 of this Act are in force, section 726.21 of the Criminal Code, as enacted by section 11 of the other Act, is renumbered as section 726.22 and is repositioned accordingly if required.”

Your committee has ordered a reprint of Bill C-16, 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. 21 to 29) is tabled.