This enactment amends the Criminal Code in order to:

(a) create specific offences in respect of intimate partner violence and to prohibit a peace officer from releasing a person arrested for an intimate partner offence if the person has committed an intimate partner offence in the preceding five years or is at large on a release order in respect of an intimate partner offence;

(b) allow a court to order that an accused charged with an offence involving intimate partner violence be taken into custody for a risk-of-reoffending assessment at any stage of proceedings; and

(c) increase the detention period of things seized under section 490 of the Act from three months to one year and to provide for circumstances in which notices to the person from whom the thing was seized may be dispensed with.

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

Murder of intimate partner

(3.‍1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is that person’s intimate partner.

Criminal harassment of intimate partner

264.‍01 (1) No person shall, without lawful authority and knowing that their intimate partner is harassed or being reckless as to whether their intimate partner is harassed, engage in any of the following conduct that causes their intimate partner reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to their intimate partner:

• (a) repeatedly following from place to place their intimate partner or anyone known to them;

• (b) repeatedly communicating with, either directly or indirectly, their intimate partner or anyone known to them;

• (c) besetting or watching the dwelling-house, or place where their intimate partner, or anyone known to them, resides, works, carries on business or happens to be; or

• (d) engaging in threatening conduct directed at their intimate partner or any member of their intimate partner’s family.

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Punishment

(2) Every person who contravenes subsection (1) is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years; or

• (b) an offence punishable on summary conviction.

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Uttering threats — intimate partner

264.‍2 (1) Everyone commits an offence who, in any manner, knowingly utters, conveys to their intimate partner or causes them to receive a threat

• (a) to cause death or bodily harm to any person;

• (b) to burn, destroy or damage real or personal property; or

• (c) to kill, poison or injure an animal or bird that is the property of any person.

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Punishment

(2) Everyone who commits an offence under paragraph (1)‍(a) is guilty of

• (a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

• (b) an offence punishable on summary conviction.

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Idem

(3) Everyone who commits an offence under paragraph (1)‍(b) or (c) is guilty of

• (a) an indictable offence and liable to imprisonment for a term not exceeding four years; or

• (b) an offence punishable on summary conviction.

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Assaulting an intimate partner

266.‍1 Everyone who commits an assault against their intimate partner is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years; or

• (b) an offence punishable on summary conviction.

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Assaulting intimate partner with weapon or causing bodily harm

267.‍1 (1) Everyone commits an offence who, in committing an assault against their intimate partner,

• (a) carries, uses or threatens to use a weapon or an imitation of one;

• (b) causes bodily harm to the complainant; or

• (c) chokes, suffocates or strangles the complainant.

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Punishment

(2) Everyone who commits an offence under subsection (1) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 12 years; or

• (b) an offence punishable on summary conviction.

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Aggravated assault of intimate partner

268.‍1 (1) Everyone commits an aggravated assault against their intimate partner who wounds, maims, disfigures or endangers the life of their intimate partner.

Punishment

(2) Everyone who commits an aggravated assault against their intimate partner is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.

Further detention

(2) Nothing shall be detained under the authority of paragraph (1)‍(b) for a period of more than Insertion start one year Insertion end after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

Idem

(3) More than one order for further detention may be made under paragraph (2)‍(a) but the cumulative period of detention shall not exceed Insertion start two years after Insertion end the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

• (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just, and the judge so orders; or

Notice — right to challenge detention

(3.‍2) Within 30 days after the day of the seizure, the prosecutor or the peace officer or other person having custody of the thing seized shall give notice, in the form prescribed by regulation, to the lawful owner or person who is lawfully entitled to possession of the thing seized of their right to challenge the detention of the thing seized.

No notice

(3.‍3) A justice, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may proceed ex parte and hold a hearing in camera to determine an application for an order made under subsection (2) or (3) in the absence of the person from whom the thing detained was seized if the justice or judge is of the opinion that there are reasonable grounds to believe that the conduct of an investigation of the offence to which the thing seized relates would be jeopardized if the person were notified of the seizure.

No release from custody — intimate partner offences

499.‍1 (1) Despite sections 498 and 499, a peace officer shall not release a person who has been arrested for an intimate partner offence if the person

• (a) was convicted of an intimate partner offence in the five years preceding the day on which the arrest was made; or

• (b) was, immediately before the arrest, at large on a release order in respect of an intimate partner offence.

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Definition of intimate partner offence

(2) In this section, intimate partner offence means an offence under any of sections 264 to 268 if the victim is an intimate partner of the accused.

Risk assessment

523.‍01 (1) A court having jurisdiction over an accused in respect of an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner may order that the accused be detained in custody for seven days to undergo a risk-of-reoffending assessment, if it has reasonable grounds to believe that such evidence is necessary to determine whether to make an order under subsection 523(2) in order to protect the intimate partner.

When court may order assessment

(2) The court may make a risk-of-reoffending assessment order at any stage of proceedings against the accused of its own motion, on application of the prosecutor or on application of the accused’s intimate partner.

When assessment completed

(3) An accused in respect of whom a risk-of-reoffending assessment order is made shall appear before the court that made the order as soon as practicable after the assessment is completed.