Bill C-22

1st Session, 39th Parliament,

55-56 Elizabeth II, 2006-2007

house of commons of canada

BILL C-22

An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. (1) Subsections 150.1(1) and (2) of the Criminal Code are replaced by the following:

150.1 (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

(2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complain-ant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

(a) is less than two years older than the complainant; and

(b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

(2.1) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complain-ant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if

(a) the accused

(i) is less than five years older than the complainant, and

(ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant; or

(b) the accused is married to the complain- ant.

(2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

(a) the accused is married to the complain-ant; or

(b) the accused

(i) is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship, and

(ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

(2) Section 150.1 of the Act is amended by adding the following after subsection (5):

(6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

2. Paragraphs 172.1(1)(b) and (c) of the Act are replaced by the following:

(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 280 with respect to that person; or

(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

3. The Act is amended by replacing the words “fourteen years” with the words “sixteen years” wherever they occur in the following provisions:

(a) subsection 150.1(4);

(b) sections 151 and 152;

(c) subsection 153(2);

(d) subsection 160(3);

(e) subsection 161(1);

(f) paragraphs 170(a) and (b);

(g) paragraphs 171(a) and (b);

(h) subsection 173(2);

(i) paragraphs 273.3(1)(a) and (b); and

(j) subsection 810.1(1) and paragraphs 810.1(3)(a) and (b).

CONSEQUENTIAL AMENDMENTS

Criminal Records Act

4. (1) Paragraphs 1(b) to (d) of the sched-ule to the Criminal Records Act are replaced by the following:

(b) section 151 (sexual interference with a person under 16);

(c) section 152 (invitation to a person under 16 to sexual touching);

(d) section 153 (sexual exploitation of a person 16 or more but under 18);

(2) Paragraph 1(h) of the schedule to the Act is replaced by the following:

(h) subsection 160(3) (bestiality in the pres-ence of a person under 16 or inciting a person under 16 to commit bestiality);

(3) Paragraphs 1(x) and (y) of the schedule to the Act are replaced by the following:

(x) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences);

(y) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence);