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2019-06-14 [p.5626]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed 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, with the following amendments:
1. New clause 196.1, page 62: Add the following after line 21:
“196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(i) subsection 52(1) (sabotage),
(i.001) subsection 57(3) (possession of a forged passport),
(i.002) section 62 (offences in relation to military forces),
(i.003) subsection 65(2) (riot — concealing identity),
(i.004) subsection 70(3) (contravening order made by governor in council),
(i.005) subsection 82(1) (explosives, possession without lawful excuse),
(i.006) subsection 121(1) (frauds on the government),
(i.007) subsection 121(2) (contractor subscribing to election fund),
(i.008) section 122 (breach of trust by public officer),
(i.009) subsection 123(1) (municipal corruption),
(i.01) subsection 123(2) (influencing municipal official),
(i.011) section 124 (selling or purchasing office),
(i.012) section 125 (influencing or negotiating appointments or dealings in offices),
(i.013) subsection 139(2) (obstructing justice),
(i.014) section 142 (corruptly taking reward for recovery of goods),
(i.015) section 144 (prison breach),
(i.016) section 145 (escape and being at large without excuse),
(2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),
(iv.1) section 184 (interception of private communication),
(iv.2) section 184.5 (interception of radio-based telephone communications),
(iv.3) section 221 (cause bodily harm by criminal negligence),
(iv.4) section 237 (infanticide),
(iv.5) section 242 (neglect to obtain assistance in child-birth),
(iv.6) subsection 247(1) (traps likely to cause bodily harm),
(iv.7) subsection 247(2) (traps — causing bodily harm),
(iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence),
(iv.9) section 262 (impeding attempt to save life),
(3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii):
(viii.01) section 280 (abduction of person under 16),
(viii.02) section 281 (abduction of person under 14),
(4) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):
(viii.11) section 291 (bigamy),
(viii.12) section 292 (procuring feigned marriage),
(viii.13) section 293 (polygamy),
(viii.14) section 293.1 (forced marriage),
(viii.15) section 293.2 (marriage under age of 16 years),
(viii.16) section 300 (publishing defamatory libel known to be false),
(viii.17) section 302 (extortion by libel),
(5) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):
(viii.21) paragraph 334(a) (theft over $5,000 or testamentary instrument),
(viii.22) section 338 (fraudulently taking cattle or defacing brand),
(viii.23) subsection 339(1) (take possession of drift timber, etc.),
(viii.24) section 340 (destroying documents of title),
(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x):
(x.1) subsection 351(2) (disguise with intent),
(x.11) paragraph 355(a) (possession of property over $5,000 or testamentary instrument),
(x.12) section 357 (bring into Canada property obtained by crime),
(x.13) paragraph 362(2)(a) (false pretence, property over $5,000 or testamentary instrument),
(x.14) subsection 362(3) (obtain credit, etc. by false pretence),
(x.15) section 363 (obtain execution of valuable security by fraud),
(x.16) subsection 377(1) (damaging documents),
(x.17) section 378 (offences in relation to registers),
(x.18) section 382 (manipulation of stock exchange),
(x.19) subsection 382.1(1) (prohibited insider trading),
(x.2) section 383 (gaming in stocks or merchandise),
(x.21) section 384 (broker reducing stock by selling his own account),
(x.22) section 386 (fraudulent registration of title),
(x.23) section 394 (fraud in relation to minerals),
(x.24) section 394.1 (possession of stolen minerals),
(x.25) section 396 (offences in relation to mines),
(x.26) section 397 (falsification of books and documents),
(x.27) section 399 (false return by public officer),
(x.28) section 400 (false prospectus),
(x.29) section 405 (acknowledging instrument in false name),
(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi):
(xi.1) section 424 (threat against an internationally protected person),
(xi.11) section 424.1 (threat against United Nations or associated personnel),
(xi.12) section 426 (secret commissions),
(xi.13) section 435 (arson for fraudulent purpose),
(xi.14) section 436 (arson by negligence),
(xi.15) section 436.1 (possession incendiary material),
(xi.16) subsection 438(1) (interfering with saving of a wrecked vessel),
(xi.17) subsection 439(2) (interfering with a marine signal),
(xi.18) section 441 (occupant injuring building),
(xi.19) section 443 (interfering with international boundary marks, etc.),
(xi.2) section 451 (having clippings, etc.),
(xi.21) section 460 (advertising and dealing in counterfeit money),
(xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute),
(xi.23) section 753.3 (breach of long-term supervision).”.
2. Clause 235, page 88: Add the following after line 11:
“(7) In this section, judge, in the Province of Quebec,
(a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and
(b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.”.
3. Clause 239, pages 90 and 91:
(a) On page 90, replace line 28 with the following:
“a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?”; and
(b) on page 91, add the following after line 5:
“(4.01) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.”.
4. Clause 240, pages 92 and 93:
(a) On page 92, replace line 34 with the following:
“of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor — or both — request one and that request is authorized by the justice. How do you elect to be tried?”; and
(b) on page 93, add the following after line 4:
“(3.1) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice shall, on the joint request of the accused and the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.
(3.2) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury, if an accused does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is not punishable by imprisonment for life, the justice may, subject to section 577, on the request of the accused or the prosecutor that is made at that time or within the period fixed by rules of the court made under section 482 or 482.1 — or, if there are no such rules, by the justice — hold a preliminary inquiry into the charge, if the justice is satisfied that it is in the best interests of the administration of justice to hold one and that appropriate measures have been taken to mitigate the impacts on any witness likely to provide evidence at the inquiry, including the complainant.”.
5. Clause 278, page 113: Replace lines 9 and 10 with the following:
“261 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”.
6. New clause 292.1, page 123: Add the following after line 5:
“292.1 The Act is amended by adding the following after section 718.03:
718.04 When a court imposes a sentence for an offence that involved the abuse of an intimate partner — and, in particular, a partner who is vulnerable on the basis of sex or is an Aboriginal person — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.”.
7. Clause 293, page 123: Replace line 9 with the following:
“offence, abused the offender’s intimate partner or a member of the victim or the offender’s family,
293.1 The Act is amended by adding the following after section 718.2:
718.201 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.”.
8. Clause 301, pages 126 and 127:
(a) On page 126, replace lines 1 to 36 with the following:
“301 Section 737 of the Act is replaced by the following:
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
(2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is
(a) 30% of any fine that is imposed on the offender for the offence; or
(b) if no fine is imposed on the offender for the offence,
(i) $100 in the case of an offence punishable by summary conviction, and
(ii) $200 in the case of an offence punishable by indictment.
(2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge
(a) would cause undue hardship to the offender; or
(b) would not cause undue hardship to the offender but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.
(2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their depend-ants.
(2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.
(2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.
(3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount
(4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
(5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
(6) The court shall cause to be given to the offender a written notice setting out
(a) the amount of the victim surcharge;
(b) the manner in which the victim surcharge is to be paid;
(c) the time by which the victim surcharge must be paid; and
(d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.
(7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,
(a) a reference in any of those provisions to “fine”, other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and
(b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.
(8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.”; and
(b) on page 127, delete lines 1 to 18.
9. Clause 314, page 134: Replace lines 14 and 15 with the following:
“section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,”.
10. Clause 317.1, page 135: Replace line 25 with the following:
“(c) the agent is authorized to do so under
(i) the law of the province; or
(ii) a program”.
11. Clause 388, page 183: Replace lines 6 and 7 with the following:
“388 (1) Paragraph 2(1)(a) of the Identification of Crimi-nals Act is amended by striking out “or” at the end of sub-paragraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);
(2) Paragraph 2(1)(c) of the Act is replaced by the following:”.
12. Clause 401, page 187:
(a) Replace line 15 with the following:
“401 (1) Subsections (2) and (3) apply in Bill C-45, in-”; and
(b) delete lines 27 to 36.
13. Clause 406, page 197: Replace lines 27 and 28 with the following:
“to 353, subsection 370(1), sections 376 to 379, 382 and 385, subsection 388(1) and sections 399 and 400.1 come into force on the 90th”.
14. Clause 407, page 197: Replace line 42 with the following:
“370(2), sections 371 to 375, 380, 381 and 387, subsection 388(2) and sections 389 to 393, 396 to”.
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