This enactment amends various Acts in relation to criminal and correctional matters.

It amends the Criminal Code to, among other things,

The enactment also makes consequential amendments to other Acts.

The enactment also amends the Youth Criminal Justice Act to, among other things,

The enactment also amends the Canadian Victims Bill of Rights to

The enactment also amends the National Defence Act to, among other things,

The enactment also amends An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service to, among other things,

The enactment also amends the Firearms Act to clarify that an individual whose firearms licence or registration certificate has been revoked is required to deliver their firearm to a peace officer, firearms officer or chief firearms officer and to provide that an individual is not eligible to hold a licence under that Act if the chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence or stalking.

The enactment also amends the Corrections and Conditional Release Act to, among other things, enhance the disclosure of information to victims and other components of the criminal justice system and provide for the submission of victim statements in certain instances.

Finally, the enactment also amends the Mutual Legal Assistance in Criminal Matters Act to facilitate legal assistance between Canada and supranational bodies with responsibility for criminal investigations or prosecutions.

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

Violence in commission of offence, including against intimate partner

3.‍01 (1) In a provision listed in subsection (2), a reference to an offence in the commission of which violence is used, threatened or attempted against any person or class of persons includes a reference to any of the following offences:

• (a) an offence that is of a sexual nature or that is committed for a sexual purpose;

• (b) an offence under section 264 (criminal harassment);

• (c) an offence under section 279.‍01 (trafficking in persons);

• (d) an offence under section 279.‍011 (trafficking of a person under the age of 18 years).

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Provisions

(2) Subsection (1) applies with respect to

• (a) subsection 109(1);

• (b) subsections 110(1) and (2.‍1);

• (c) subsection 486.‍1(1.‍1);

• (d) subsection 486.‍2(1.‍1);

• (e) subsection 486.‍3(2);

• (f) subsections 515(3), (4.‍1), (4.‍3) and (6);

• (g) subsection 718.‍3(8);

• (h) section 726.‍21;

• (i) subsection 729.‍2(1); and

• (j) subsection 810.‍03(4).

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  (b.‍1) an offence under section 264.‍01 (coercion or control of intimate partner);

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Offence in relation to sexual offences against children

(4.‍1)  Insertion start Despite Insertion end anything in this Act or any other Act, every one who, outside Canada, commits an act or omission Insertion start against a person who is under the age of 18 Insertion end , that, if committed in Canada, would be an offence Insertion start under Insertion end section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.‍1, 170, 171, 171.‍1, 172.‍1, 172.‍2, 173, Insertion start 271, 272 Insertion end or Insertion start 273 Insertion end or subsection 286.‍1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident Insertion start as defined in Insertion end subsection 2(1) of the Immigration and Refugee Protection Act.

• (b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.‍1(1) (possession of computer data), 102.‍1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.‍1(1) (altering cartridge magazine) or section 264 (criminal harassment) Insertion start or 264.‍01 (coercion or control of intimate partner) Insertion end ,

sexual organs include breasts that are or appear to be female breasts and the anal region; (organes sexuels)

Idem

(5) It is not a defence to a charge under section 153, 170, 171, 172 or Insertion start 279.‍011 Insertion end or subsection Insertion start 279.‍02(2), 279.‍03(2) Insertion end , 286.‍1(2), 286.‍2(2) or 286.‍3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

Invitation to sexual touching or exposure

152  Insertion start (1) Insertion end  Every person Insertion start commits an offence Insertion end who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to

• Insertion start (a) Insertion end  touch, directly or indirectly, with a part of the body or with an object, Insertion start their own Insertion end body, the body of the person who so invites, counsels or incites or the body of any Insertion start other Insertion end person; or

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  (b) expose their own sexual organs.

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Punishment

(2) Every person who commits an offence under subsection (1)

• a)  Insertion start dans un but Insertion end sexuel, touche, directement ou indirectement, avec une partie de son corps ou avec un objet, une partie du corps de l’adolescent;

• (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, Insertion start their own Insertion end body, the body of the person who so invites, counsels or incites or the body of any Insertion start other Insertion end person; Insertion start or Insertion end

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  (c) for a sexual purpose, invites, counsels or incites the young person to expose their own sexual organs.

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Sexual exploitation of person with disability

153.‍1 (1) Every person Insertion start commits an offence Insertion end who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to, without that person’s consent,

• Insertion start (a) Insertion end  touch Insertion start their Insertion end own body, the body of the person who so counsels or incites or the body of any other person, directly or indirectly, with a part of the body or with an object; Insertion start or Insertion end

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  (b) expose their own sexual organs.

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Punishment

(1.‍1) Every person who commits an offence under subsection (1) is guilty of

Representation of bestiality

(3.‍1) Every person commits an offence who knowingly publishes, distributes, transmits, sells, makes available or advertises any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality.

Defence of public good

(3.‍2) No person shall be convicted of an offence under subsection (3.‍1) if the conduct that forms the subject-matter of the charge served the public good and did not extend beyond what served the public good.

Question of law and fact, motives

(3.‍3) For the purposes of subsection (3.‍2),

• (a) it is a question of law whether the conduct served the public good and whether there is evidence that the conduct alleged went beyond what served the public good, but it is a question of fact whether the conduct did or did not extend beyond what served the public good; and

• (b) the motives of the accused are irrelevant.

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Punishment — representation of bestiality

(3.‍4) Every person who commits an offence under subsection (3.‍1)

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

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

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Order of prohibition or restitution

(4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3) Insertion start and (3.‍4) Insertion end ,

Order of prohibition

161 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.‍1) in respect of a person who is under the age of Insertion start 18 Insertion end years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from

• (a) attending a public park or public swimming area where persons under the age of Insertion start 18 Insertion end years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre;

• (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of Insertion start 18 Insertion end years;

• (c) having any contact — including communicating by any means — with a person who is under the age of Insertion start 18 Insertion end years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

• (a) an offence under section 151, 152, Insertion start 153 Insertion end or 155, subsection 160(2) or (3), section 163.‍1, 170, 171, 171.‍1, 172.‍1 or 172.‍2, subsection 173(2), section 271, 272, 273 or 279.‍011, subsection 279.‍02(2) or 279.‍03(2), section 280 or 281 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2);

• (a) the person is in a place in which a person can reasonably be expected to be nude, to expose Insertion start their sexual Insertion end organs or to be engaged in explicit sexual activity;

• (b) the person is nude, is exposing Insertion start their sexual Insertion end organs, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

• (a) is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than 10 Insertion end years; or

• (a) of an indictable offence and liable to imprisonment for a term of not more than Insertion start 10 Insertion end years; or

Threat to publish, etc.

(1.‍1) Everyone who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that the person depicted in the image would not give their consent to that conduct, or being reckless as to whether or not that person would give their consent to that conduct, is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

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

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Definition of intimate image

(2) In this section, intimate image means

• (a) a visual recording of a person made by any means including a photographic, film or video recording,

  • ( Insertion start i Insertion end ) in which the person is nude, is exposing Insertion start their sexual Insertion end organs or is engaged in explicit sexual activity,

  • ( Insertion start ii Insertion end ) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy, and

  • ( Insertion start iii Insertion end ) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed; Insertion start or Insertion end

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  (b) a visual representation that is made by any electronic or mechanical means and that shows an identifiable person who is depicted as nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person.

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Prohibition order

162.‍2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence Insertion start under Insertion end subsection Insertion start 160(3.‍1) or section Insertion end 162.‍1, the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

• (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a person under the age of eighteen years;

Threat to publish, etc.

(4.‍21) Every person who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise any child sexual abuse and exploitation material

• (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

• (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

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Warrant of seizure

164 (1) A judge may issue a warrant authorizing seizure of copies of any material — Insertion start including Insertion end a recording, publication or written material, or representation — if the judge is satisfied by information on oath that there are reasonable grounds to believe that

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  (a) the material is illicit material; and

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• (b) copies of the material are kept in premises within the jurisdiction of the court and, Insertion start in the case of material alleged to be illicit material described in any of paragraphs (a) to (d) of the definition of that term in subsection (8) Insertion end , are Insertion start so Insertion end kept for sale or distribution.

Summons to occupier

(2) Within seven days of the Insertion start day on which the Insertion end warrant Insertion start is issued Insertion end , the judge shall issue a summons to the occupier of the premises requiring Insertion start them Insertion end to appear before the court and show cause why the seized Insertion start thing Insertion end should not be forfeited to Insertion start His Insertion end Majesty.

Owner and maker may appear

(3) The owner and the maker of the seized Insertion start thing that is Insertion end alleged to be Insertion start illicit material Insertion end may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the Insertion start thing Insertion end .

Order of forfeiture

(4) If the court is satisfied, on a balance of probabilities, that the Insertion start seized thing Insertion end is Insertion start illicit material Insertion end , it may make an order declaring the Insertion start thing to be Insertion end forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

Restoration

(5) If the court is not satisfied that the Insertion start seized thing Insertion end is Insertion start illicit material Insertion end , it shall order that the Insertion start thing Insertion end be restored to the person from whom it was seized without delay after the time for final appeal has expired.

Consent

(7) If an order is made under this section by a judge in a province with respect to one or more copies of Insertion start any material Insertion end , no proceedings shall be instituted or continued in that province under Insertion start subsection 160(3.‍1) or Insertion end section 162, 162.‍1, 163, 163.‍1, 286.‍4 or 320.‍103 with respect to those or other copies of the same Insertion start material Insertion end without the consent of the Attorney General.

illicit material means

• (a) any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality, as defined in subsection 160(7),

• (b) a visual recording, as defined in subsection 162(2), that is made as described in subsection 162(1),

• (c) an intimate image, as defined in subsection 162.‍1(2), in relation to which an offence was committed under section 162.‍1,

• (d) a publication that is obscene, within the meaning of subsection 163(8),

• (e) child sexual abuse and exploitation material, as defined in subsection 163.‍1(1),

• (f) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.‍4, or

• (g) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.‍103; (matériel illicite)

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Warrant of seizure — material on computer system

164.‍1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that material, Insertion start consisting of illicit material Insertion end or Insertion start of Insertion end computer data that makes Insertion start illicit material Insertion end available, is stored on and made available through a computer system that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

Order

(5) If the court is satisfied, on a balance of probabilities, that the material is Insertion start illicit material Insertion end or computer data that makes Insertion start illicit material Insertion end available, it may order the custodian of the computer system to delete the material.

Return of material

(7) If the court is not satisfied that the material is Insertion start illicit material Insertion end or computer data that makes Insertion start illicit material Insertion end available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order Insertion start made Insertion end under paragraph (1)‍(b).

Other provisions to apply

(8) Subsections 164(6) Insertion start and (7) Insertion end apply, with any modifications that the circumstances require, to this section.

Definitions

(10) In this section, computer data and computer system have the same meanings as in subsection 342.‍1(2) and court, illicit material and judge have the same meanings as in subsection 164(8).

Recruitment — young person

169.‍1 (1) Every person is guilty of an offence who — being in a position of trust, power or authority towards a young person and knowing that the young person is under 18 years of age or being reckless as to that fact — recruits, counsels, encourages or invites the young person to be a party to an offence under this Act or the Controlled Drugs and Substances Act if the young person is afterwards a party to that offence or an offence related to that offence.

Position of trust, power or authority

(2) For the purposes of subsection (1), a person is considered to be in a position of trust, power or authority towards a young person by reason, among others, of being 18 years of age or more.

No defence

(3) It is not a defence to a charge under subsection (1) that the accused believed that the young person was at least 18 years of age unless the accused took reasonable steps to ascertain the age of the young person.

Punishment

(4) Every person who commits an offence under subsection (1) is

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

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

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Definition of young person

(5) In this section, young person means a person under the age of 18 years.

• (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s Insertion start sexual Insertion end organs;

• (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity Insertion start involving Insertion end a person; or

• (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity Insertion start involving Insertion end a person.

For greater certainty

(6) For greater certainty, a reference to sexual activity in subsection (5) includes a reference to an act of bestiality, as defined in subsection 160(7).

• (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.‍1, 170, 171 or 279.‍011 or subsection 279.‍02(2), 279.‍03(2), 286.‍1(2), 286.‍2(2) or 286.‍3(2) Insertion start or the commission of an offence with respect to that person under section 346 of a sexual nature or for a sexual purpose Insertion end ;

Exposure

(2) Every person who, in any place, for a sexual purpose, exposes Insertion start their sexual Insertion end organs to a person who is under the age of 16 years

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  (xxvii.‍01) subsection 160(3.‍1) (representation of bestiality),

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• (xxvii.‍2)  Insertion start subsection Insertion end 162.‍1 Insertion start (1) Insertion end (intimate image — Insertion start publication, etc. Insertion end ),

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  (xxvii.‍3) subsection 162.‍1(1.‍1) (intimate image — threat to publish, etc.‍),

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  (xxix.‍01) section 169.‍1 (recruitment — young person),

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  (xxxix.‍3) section 264 (criminal harassment),

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  (xxxix.‍4) section 264.‍01 (coercion or control of intimate partner),

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Femicide, including of intimate partner, and other aggravated circumstances

(5.‍1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person

• (a) 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, in the case where the victim is that person’s intimate partner;

• (b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.‍04;

• (c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or

• (d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

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Criminal harassment

(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 Insertion start (criminal harassment) with intent Insertion end to cause the Insertion start victim Insertion end to Insertion start believe that Insertion end the Insertion start victim’s physical or psychological safety Insertion end , or the Insertion start physical or psychological Insertion end safety of anyone known to the Insertion start victim, Insertion end is threatened.

Femicide, including of intimate partner, and other aggravated circumstances

(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter

• (a) 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, in the case where the victim is that person’s intimate partner;

• (b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.‍04;

• (c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or

• (d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

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Criminal harassment

264 (1)  Insertion start Everyone commits an offence who, with intent to harass Insertion end another person or Insertion start being reckless Insertion end as to whether Insertion start they could be harassing another Insertion end person, Insertion start engages Insertion end without lawful authority in conduct referred to in subsection (2) Insertion start if Insertion end , in all the circumstances, Insertion start the conduct could reasonably be Insertion end expected Insertion start to cause Insertion end that other person to Insertion start believe that the other person’s Insertion end safety, or the safety of anyone known to Insertion start the other person, is threatened Insertion end .

Prohibited conduct

(2) The conduct mentioned in subsection (1) consists of Insertion start doing any of the following in person, by a means of telecommunication or by any other means Insertion end :

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  (a.‍1) monitoring the location, movements, actions or social interactions of the other person or of anyone known to them;

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• (d) engaging in threatening conduct directed at the other person, Insertion start at anyone known to them Insertion end or Insertion start at any animal that is in their care or is their property Insertion end .

Punishment

(3) Every person who Insertion start commits an offence under Insertion end this section is

• (a) guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; or

• (b)  Insertion start guilty of Insertion end an offence punishable on summary conviction.

• (a) the terms or conditions of an order made Insertion start under Insertion end section 161 or a recognizance entered into Insertion start under Insertion end section 810, Insertion start 810.‍03 Insertion end , 810.‍1 or 810.‍2; or

For greater certainty

(6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.

Coercion or control of intimate partner

264.‍01 (1) Everyone commits an offence who engages in a pattern of coercive or controlling conduct referred to in subsection (2), with intent to cause their intimate partner to believe that the intimate partner’s safety is threatened or knowing that, or being reckless as to whether, the pattern of coercive or controlling conduct would cause their intimate partner to believe that the intimate partner’s safety is threatened.

Pattern of coercive or controlling conduct

(2) A pattern of coercive or controlling conduct consists of any combination, or repeated instances, of any of the following acts:

• (a) using, attempting to use or threatening to use violence against

  • (i) the intimate partner,

  • (ii) any person under the age of 18 who is the intimate partner’s child or who is in the intimate partner’s lawful care or charge,

  • (iii) any other person known to the intimate partner, or

  • (iv) any animal that is in the care or is the property of the intimate partner;

• (b) coercing or attempting to coerce the intimate partner to engage in sexual activity;

• (c) engaging in any other conduct — including conduct listed in any of the following subparagraphs — if, in all the circumstances, the conduct could reasonably be expected to cause the intimate partner to believe that the intimate partner’s safety, or the safety of anyone known to them, is threatened:

  • (i) controlling, attempting to control or monitoring the intimate partner’s location, movements, actions or social interactions, including by a means of telecommunication,

  • (ii) controlling or attempting to control the manner in which the intimate partner cares for any person under the age of 18 referred to in subparagraph (a)‍(ii) or any animal referred to in subparagraph (a)‍(iv),

  • (iii) controlling or attempting to control any matter related to the intimate partner’s employment or education,

  • (iv) controlling or attempting to control the intimate partner’s finances or other property or monitoring their finances,

  • (v) controlling or attempting to control the intimate partner’s expression of gender, physical appearance, manner of dress, diet, taking of medication or access to health services or to medication,

  • (vi) controlling or attempting to control the intimate partner’s expression of their thoughts, their opinions, their religious, spiritual or other beliefs, or their culture, including the intimate partner’s use of their language or their access to their linguistic, religious, spiritual or cultural community, or

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

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Circumstances

(3) The circumstances referred to in paragraph (2)‍(c) include the nature of the relationship between the accused and the intimate partner, in particular whether the intimate partner is in a position of vulnerability in relation to the accused and whether the accused manipulated the intimate partner by targeting their vulnerabilities.

Punishment

(4) Everyone who commits an offence under this section is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

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

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For greater certainty

(5) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.

Admissibility of Sexual Activity Evidence

Evidence of complainant’s sexual activity

276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.‍1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 Insertion start or any other offence under this Act that is of a sexual nature or that is committed for a sexual purpose Insertion end , evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

Conditions for admissibility

(2) In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused or with any other person, shall not be adduced unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections Insertion start 276.‍01, 276.‍06, 276.‍1, 278.‍3 and 278.‍35, as the case may be Insertion end , that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and

• (a)  Insertion start if sought to be adduced Insertion end by or on behalf of the accused, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; Insertion start or Insertion end

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  (b) if sought to be adduced by or on behalf of the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of justice.

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Précision

(4) Il est entendu que, pour l’application du présent article, activité sexuelle s’entend notamment de toute communication Insertion start effectuée dans un but Insertion end sexuel ou dont le contenu est de nature sexuelle.

Procedure for Accused

• (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

• (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

• (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  End of inserted block

• (a) the contents of an application made under subsection 276.‍01(1);

• (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.‍01(1) or at a hearing under section 276.‍02;

• (c) the decision of a judge, provincial court judge or justice under subsection 276.‍01(4), unless the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted;

• (d) the determination made and the reasons provided under subsection 276.‍02(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

  End of inserted block

Procedure for Prosecutor

• (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

• (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

• (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  End of inserted block

• (a) the contents of an application made under subsection 276.‍06(1);

• (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.‍06(1) or at a hearing under section 276.‍06;

• (c) the determination made and the reasons provided under subsection 276.‍06(7), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

  End of inserted block

Joint Application

• (a) the relevance of that evidence to an issue at trial;

• (b) how the conditions for admissibility referred to in subsection 276(2) are satisfied; and

• (c) any information the applicants consider necessary to assist the judge, provincial court judge or justice when the judge, provincial court judge or justice takes into account the factors referred to in subsection 276(3).

  End of inserted block

• (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

• (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

• (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  End of inserted block

• (a) the contents of an application made under subsection 276.‍1(1);

• (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.‍1(1);

• (c) the determination made and the reasons provided under section 276.‍1, unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

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Reputation Evidence

Spouse May Be Charged

Production and Admissibility of Records and Therapeutic Records

Definitions

record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any Insertion start record Insertion end containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.‍  Insertion start (dossier) Insertion end

therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling.‍ (dossier thérapeutique)

Production to Accused of Records and Therapeutic Records in the Possession of Third Party

• (a) an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3 Insertion start or any other offence under this Act that is of a sexual nature or that is committed for a sexual purpose Insertion end ;

• (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

• (a) particulars identifying the record Insertion start or the therapeutic record Insertion end that the accused seeks to have produced and the name of the person who has possession or control of Insertion start it Insertion end ;

• (b)  Insertion start in the case of a record Insertion end , the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and

• Start of inserted block

  (c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt.

  End of inserted block

• (a) that the record Insertion start or therapeutic record Insertion end exists;

• (b) that the record Insertion start or therapeutic record Insertion end relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;

• (c) that the record Insertion start or therapeutic record Insertion end relates to the incident that is the subject matter of the proceedings;

• (d) that the record Insertion start or therapeutic record Insertion end may disclose a prior inconsistent statement of the complainant or witness;

• (e) that the record Insertion start or therapeutic record Insertion end may relate to the credibility of the complainant or witness;

• (f) that the record Insertion start or therapeutic record Insertion end may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;

• (g) that the record Insertion start or therapeutic record Insertion end may reveal allegations of sexual abuse of the complainant by a person other than the accused;

• (h) that the record Insertion start or therapeutic record Insertion end relates to the sexual activity of the complainant with any person, including the accused;

• (i) that the record Insertion start or therapeutic record Insertion end relates to the presence or absence of a recent complaint;

• (j) that the record Insertion start or therapeutic record Insertion end relates to the complainant’s sexual reputation;

• (k) that the record Insertion start or therapeutic record Insertion end was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused.

• (a) the application was made in accordance with subsections Insertion start 278.‍12(2) Insertion end to (6);

• (b)  Insertion start in the case of a record Insertion end , the accused has established that Insertion start it Insertion end is likely relevant to an issue at trial or to the competence of a witness to testify Insertion start or, in case of a therapeutic record, the accused has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt Insertion end ; and

• (c) the production of Insertion start all or any part of Insertion end the record Insertion start or therapeutic record Insertion end is necessary in the interests of justice.

• (a) the extent to which the record Insertion start or therapeutic record Insertion end is necessary for the accused to make a full answer and defence;

• (b) the probative value of the record Insertion start or therapeutic record Insertion end ;

• (c) the nature and extent of the reasonable expectation of privacy with respect to the record Insertion start or therapeutic record Insertion end ;

• (d) whether production of the record Insertion start or therapeutic record Insertion end is based on a discriminatory belief or bias;

• (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record Insertion start or therapeutic record Insertion end relates;

• (f) society’s interest in encouraging the reporting of sexual offences;

• (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and

• (h) the effect of the determination on the integrity of the trial process.

• (a) that the record Insertion start or therapeutic record Insertion end be edited as directed by the judge;

• (b) that a copy of the record Insertion start or therapeutic record Insertion end , rather than the original, be produced;

• (c) that the accused and counsel for the accused not disclose the contents of the record Insertion start or therapeutic record Insertion end to any other person, except with the approval of the court;

• (d) that the record Insertion start or therapeutic record Insertion end be viewed only at the offices of the court;

• (e) that no copies of the record Insertion start or therapeutic record Insertion end be made or that restrictions be imposed on the number of copies of Insertion start it Insertion end that may be made; and

• (f) that information regarding any person named in the record Insertion start or therapeutic record Insertion end , such as their address, telephone number and place of employment, be severed from the record Insertion start or therapeutic record Insertion end .

• (a) the contents of an application made under Insertion start subsection 278.‍12(1) Insertion end ;

• (b) any evidence taken, information given or submissions made at a hearing under subsection Insertion start 278.‍13(1) Insertion end or Insertion start 278.‍15(2) Insertion end ;

• (c) the determination of the judge Insertion start under Insertion end subsection Insertion start 278.‍14(1) Insertion end or Insertion start 278.‍16(1) or (2) Insertion end and the reasons provided Insertion start under Insertion end section Insertion start 278.‍17 Insertion end , unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record Insertion start or therapeutic record Insertion end relates, orders that the determination Insertion start and the reasons Insertion end may be published, Insertion start broadcast or transmitted Insertion end .

Production to Accused of Records and Therapeutic Records in the Possession of the Prosecutor

• (a) an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3 or any other offence under this Act that is of a sexual nature or that is committed for a sexual purpose; or

• (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

  End of inserted block

• (a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused;

• (b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused; and

• (c) any communication between the accused and the complainant.

  End of inserted block

• (a) particulars identifying the record or the therapeutic record that the accused seeks to have produced;

• (b) in the case of a record, the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and

• (c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt.

  End of inserted block

• (a) that the record or therapeutic record exists;

• (b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;

• (c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;

• (d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;

• (e) that the record or therapeutic record may relate to the credibility of the complainant or witness;

• (f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;

• (g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused;

• (h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused;

• (i) that the record or therapeutic record relates to the presence or absence of a recent complaint;

• (j) that the record or therapeutic record relates to the complainant’s sexual reputation;

• (k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused.

  End of inserted block

• (a) the application was made in accordance with subsections 278.‍21(2) to (6);

• (b) in the case of a record, the accused has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt; and

• (c) the production of all or any part of the record or therapeutic record is necessary in the interests of justice.

  End of inserted block

• (a) the extent to which the record or therapeutic record is necessary for the accused to make a full answer and defence;

• (b) the probative value of the record or therapeutic record;

• (c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;

• (d) whether production of the record or therapeutic record is based on a discriminatory belief or bias;

• (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;

• (f) society’s interest in encouraging the reporting of sexual offences;

• (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and

• (h) the effect of the determination on the integrity of the trial process.

  End of inserted block

• (a) that the record or therapeutic record be edited as directed by the judge;

• (b) that a copy of the record or therapeutic record, rather than the original, be produced;

• (c) that the accused and counsel for the accused not disclose the contents of the record or therapeutic record to any other person, except with the approval of the court;

• (d) that the record or therapeutic record be viewed only at the offices of the court;

• (e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and

• (f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.

  End of inserted block

• (a) the contents of an application made under subsection 278.‍21(1);

• (b) any evidence taken, information given or submissions made at a hearing under subsection 278.‍22(1) or 278.‍24(2);

• (c) the determination of the judge under subsection 278.‍23(1) or 278.‍25(1) or (2) and the reasons provided under section 278.‍26, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record or therapeutic record relates, orders that the determination and the reasons may be published, broadcast or transmitted.

  End of inserted block

Admissibility of Records and Therapeutic Records in the Possession of the Accused

• (a) an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3 Insertion start or any other offence under this Act that is of a sexual nature or that is committed for a sexual purpose Insertion end ; or

• (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

• (a) if the admissibility of the Insertion start record or therapeutic record, or part of it Insertion end , is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3);

• (b) that the Insertion start record, or part of it Insertion end , is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; or

• Start of inserted block

  (c) that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt.

  End of inserted block

• (a) the interests of justice, including the right of the accused to make a full answer and defence;

• (b) society’s interest in encouraging the reporting of sexual assault offences;

• (c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences;

• (d) whether there is a reasonable prospect that Insertion start the record or therapeutic record, or part of it Insertion end , will assist in arriving at a just determination in the case;

• (e) the need to remove from the fact-finding process any discriminatory belief or bias;

• (f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

• (g) the potential prejudice to the complainant’s personal dignity and right of privacy;

• (h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

• (i) any other factor that the judge, provincial court judge or justice considers relevant.

• Insertion start (a) Insertion end  detailed particulars of the Insertion start record or the therapeutic record, or the part of it Insertion end , that the accused seeks to adduce;

• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start in the case of a record, or a part of one Insertion end , the relevance of that evidence to an issue at trial; and

• Start of inserted block

  (c) in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused’s guilt.

  End of inserted block

• (a) if not all of the Insertion start record or therapeutic record Insertion end is to be admitted, the reasons must state the part of Insertion start it Insertion end that is to be admitted;

• (b) the reasons must state the factors referred to in subsection Insertion start 278.‍29(3) Insertion end that affected the determination;

• (c) if all or any part of Insertion start the record Insertion end is to be admitted, the reasons must state the manner in which that Insertion start it Insertion end is expected to be relevant to an issue at trial; and

• Start of inserted block

  (d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused’s guilt and why the judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt.

  End of inserted block

• (a) the contents of an application made under subsection Insertion start 278.‍3(1) Insertion end ;

• (b) any evidence taken, the information given Insertion start or Insertion end the representations made Insertion start at the consideration of Insertion end an application Insertion start made Insertion end under Insertion start subsection 278.‍3(1) Insertion end or at a hearing under section Insertion start 278.‍31 Insertion end ;

• (c) the decision of a judge, Insertion start provincial court judge Insertion end or justice under subsection Insertion start 278.‍3(5) Insertion end , unless the judge, Insertion start provincial court judge Insertion end or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted;

• (d) the determination made and the reasons provided under subsection Insertion start 278.‍31(4) Insertion end , unless that determination is that evidence is admissible or the judge, Insertion start provincial court judge Insertion end or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and Insertion start the Insertion end reasons may be published, broadcast or transmitted.

Joint Application

• (a) the relevance of that record or part to an issue at trial;

• (b) if the admissibility of the record or part is subject to section 276, how it meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection 278.‍29(3);

• (c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and

• (d) any information the applicants consider necessary to assist the judge when the judge takes into account the factors referred to in subsection 278.‍29(3).

  End of inserted block

• (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

• (b) the reasons must state the factors referred to in subsection 276(3) or 278.‍29(3) that affected the determination; and

• (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  End of inserted block

• (a) the contents of an application made under subsection 278.‍35(1);

• (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.‍35(1);

• (c) the determination made and the reasons provided under section 278.‍35, unless that determination is that the record or part of it is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

  End of inserted block

Reasons — Certain Proceedings

Circumstances

(2) In determining whether an accused exploits Insertion start a complainant Insertion end under subsection (1), the Court Insertion start must Insertion end consider Insertion start all the circumstances, including the nature of the relationship between the accused and the complainant and all of the following facts with respect to which there is evidence Insertion end :

• (a)  Insertion start the accused Insertion end used, Insertion start or Insertion end threatened or Insertion start attempted Insertion end to use, force or another form of coercion;

• (b)  Insertion start the accused Insertion end used deception;

• (c)  Insertion start the accused Insertion end abused a position of trust, power or authority;

• Start of inserted block

  (d) the accused engaged in controlling or directive behaviour, including with respect to finances, living conditions, appearance, communications with others, the labour or service provided or offered to be provided or the advertising of the labour or service or documents that establish or purport to establish the person’s identity or immigration status;

• (e) the accused subjected the complainant to degrading or humiliating behaviour;

• (f) the accused exposed the complainant to behaviour referred to in paragraphs (a) to (e) directed at another person;

• (g) the accused received an undue benefit in relation to the labour or service;

• (h) the complainant is vulnerable, including because of age, mental or physical disability or personal circumstances such as the use of intoxicating substances, isolation, social or economic disadvantage, immigration status or any circumstance that has resulted or may result in victimization;

• (i) the accused manipulated the complainant by targeting their vulnerabilities.

  End of inserted block

For greater certainty

(4) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.

Aggravating factor

(1.‍4) If a person has been determined by a court to be guilty of an offence under this section, the court that imposes the sentence must consider as an aggravating factor the fact that the offence was of a sexual nature or committed for a sexual purpose.

Support person or animal — witnesses under 18 or who have a disability

486.‍1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the Insertion start witness’s Insertion end choice Insertion start or a support animal Insertion end be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Victims — certain offences

(1.‍1) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence in the commission of which violence was used, threatened or attempted against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Inquiry by court

(1.‍2) If an application for an order under subsection (1) or (1.‍1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.

Other witnesses

(2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the Insertion start witness’s Insertion end choice Insertion start or a support animal Insertion end be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

Application

(2.‍1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

Written reasons

(7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.

Testimony outside court room — witnesses under 18 or who have a disability

486.‍2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, Insertion start at the option of the witness, either Insertion end outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Victims — certain offences

(1.‍1) Despite section 650, in any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence in the commission of which violence was used, threatened or attempted against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

Inquiry by court

(1.‍2) If an application for an order under subsection (1) or (1.‍1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.

Other witnesses

(2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify, Insertion start at the option of the witness, either Insertion end outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

Application

(2.‍1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

Conditions of exclusion

(5) A witness shall not testify outside the court room in accordance with an order made under subsection (1), Insertion start (1.‍1) Insertion end or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or Insertion start videoconference Insertion end and the accused is permitted to communicate with counsel while watching the testimony.

No adverse inference

(6) No adverse inference Insertion start shall Insertion end be drawn from the fact that an order is, or is not, made under Insertion start this section Insertion end .

Written reasons

(7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.

Accused not to cross-examine victim — certain offences

(2) In any proceedings against an accused in respect of an offence Insertion start that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence in the commission of which violence was used, threatened or attempted against their intimate partner Insertion end , the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

Inquiry by court

(2.‍1) If an application for an order under subsection (1) or (2) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.

Written reasons

(6) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.

For greater certainty

486.‍71 For greater certainty, nothing in sections 486 to 486.‍5 or 486.‍7 prohibits a judge or justice from making more than one order regarding the same witness under those sections.

• Start of inserted block

  (v.‍1) section 264.‍01 (coercion or control of intimate partner),

  End of inserted block

Exception — computer data

(4) This section does not apply with respect to computer data, as defined in subsection 342.‍1(2), other than virtual currency or other digital assets.

Further detention

(2) Nothing shall be detained under the authority of paragraph (1)‍(b) for a period of more than Insertion start 180 days Insertion end after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

• Start of inserted block

  (ix.‍1) subsection 160(3.‍1) (representation of bestiality),

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• (x)  Insertion start subsection Insertion end 162.‍1 Insertion start (1) Insertion end (intimate image — publication etc.‍),

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  (x.‍1) subsection 162.‍1(1.‍1) (intimate image — threat to publish etc.‍),

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  (ix.‍1) section 264.‍01 (coercion or control of intimate partner),

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PART XV.‍1 

Unreasonable Delay

Definitions

court means a court seized of an application for a determination of unreasonable delay.‍ (tribunal)

unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms.‍ (délai déraisonnable)

Jurisdiction

Application

Notice to Victims

Case Complexity

• (a) the number of applications or motions;

• (b) whether any of the applications or motions required or will require scheduling court dates separately and in advance of trial dates;

• (c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;

• (d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions

• (e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions;

• (f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated;

• (g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and

• (h) any factor that the court finds relevant in assessing the complexity of the applications or motions.

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Days to Be Excluded

• (a) in respect of any application made under section 276.‍01, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 276.‍02,

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;

• (b) in respect of any application made under section 278.‍12 or 278.‍21, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 278.‍13(1) or 278.‍22(1) to the persons referred to in subsection 278.‍12(5) or 278.‍21(5),

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; and

• (c) in respect of any application made under section 278.‍3, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 278.‍31,

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.

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• (a) in the case of an objection made under subsection 37(1) of the Canada Evidence Act before a superior court, the period that begins on the day the objection was made and ends on the day the objection was finally determined;

• (b) in the case where an objection was made under subsection 37(1) of that Act before a court, person or body other than a superior court and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;

• (c) in the case of an application made under subsection 38.‍04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.‍01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.

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Alternative Remedies to Stay of Proceedings

• (a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;

• (b) the impact that a stay of proceedings is likely to have on any victim of the offence;

• (c) the prejudice that has been or would be suffered by the accused or offender as a result of unreasonable delay;

• (d) the public’s confidence in the administration of justice; and

• (e) the interest that society has in having a final decision on the merits.

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Non-application — informations laid under sections 810, 810.‍03 and 810.‍1

(9) Subsections (1) to (8) do not apply in respect of an information laid under section 810, Insertion start 810.‍03 Insertion end or 810.‍1.

• c) infraction perpétrée avec usage, tentative ou menace de violence contre Insertion start une personne Insertion end , notamment le partenaire intime du prévenu;

Considerations

(1.‍001) In deciding whether to adjourn an inquiry under paragraph (1)‍(a), the justice shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.

Considerations

(2) In deciding whether to adjourn the trial, the judge or provincial court judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.

Considerations

(3.‍1) In deciding whether to adjourn the trial, the judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.

Proof of absence of consent — identity information

657.‍4 (1) In any proceedings in relation to an offence under section 402.‍2 or 403, an affidavit or a solemn declaration of a person whose identity information was used or was obtained or possessed with intent to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence, containing the statements referred to in subsection (2), is admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.

Statements to be made

(2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration

• (a) that the person is the person whose identity information was used or intended to be used to commit the offence;

• (b) the nature of the identity information that was used or intended to be used to commit the offence;

• (c) that the person did not consent to the use of their identity information by the accused; and

• (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (b) and (c).

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Notice of intention to produce affidavit or solemn declaration

(3) Unless the court orders otherwise, no affidavit or solemn declaration is to be received in evidence under subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of their intention to produce it in evidence.

Attendance for examination

(4) Despite subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration.

Definition of identity information

(5) In this section, identity information has the same meaning as in section 402.‍1.

Variation or revocation of order

672.‍5011 (1) The Review Board shall — on application of the person who is the subject of an order made under section 672.‍501 or of any other person, including a prosecutor, who is acting on their behalf, and without holding a hearing — vary or revoke the order, unless the Review Board is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.

Obligation of prosecutor

(2) If the person who is the subject of an order requests that a prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application on their behalf to vary or revoke the order.

Hearing

(3) If the Review Board is of the opinion that varying or revoking the order may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the Review Board shall hold a hearing to determine whether the order should be varied or revoked.

Factor

(4) For the purposes of determining whether the order should be varied, the Review Board shall consider whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.

Notice

(5) The applicant is not required to provide notice of the application to the accused.

Submissions

(6) The accused shall not be permitted to make submissions in relation to the application.

Notice of change

(7) If the order is varied or revoked, the prosecutor shall notify the accused.

• (a) an indictable offence involving Insertion start any of the following in respect of Insertion end another person, Insertion start including the accused’s intimate partner, a member of the intimate partner’s family and a member of the accused’s family Insertion end :

  • (i) the use or attempted use of violence against Insertion start the other Insertion end person, or

  • (ii) conduct endangering or likely to endanger the life or safety of — Insertion start or conduct Insertion end inflicting or likely to inflict severe psychological damage on — Insertion start the other Insertion end person; or

• (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 Insertion start 745.‍52 Insertion end ,

Appeal against absolute term in excess of 10 years

(2) A person who has been convicted of second degree murder, Insertion start or of manslaughter in the circumstances set out in any of paragraphs 236(2)‍(a) to (d) Insertion end , 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 Insertion start their Insertion end imprisonment without eligibility for parole.

Persons under 18

(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 Insertion start or manslaughter in the circumstances set out in any of paragraphs 236(2)‍(a) to (d) Insertion end and Insertion start was Insertion end 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.

Appeal against ineligible parole period

(4) The Attorney General or counsel instructed by Insertion start the Attorney General Insertion end for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder Insertion start or manslaughter in the circumstances set out in any of paragraphs 236(2)‍(a) to (d) Insertion end , 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.

Sexual offences

(5.‍1) Despite anything in subsections (1) to (5), in the case of an offence referred to in Insertion start section 278.‍11 Insertion end , a subpoena requiring a witness to bring to the court a record Insertion start or a therapeutic record Insertion end the production of which is governed by sections 278.‍1 to Insertion start 278.‍19 Insertion end must be issued by a judge and signed by the judge or the clerk of the court.

Form of subpoena in sexual offences

(7) In the case of an offence referred to in Insertion start section 278.‍11 Insertion end , a subpoena requiring a witness to bring anything to the court shall be in Form 16.‍1.

PART XXII.‍2 

Alternative Measures and Restorative Justice Processes

Definitions

alternative measures means measures other than judicial proceedings under this Act that are applicable in respect of a person who is 18 years of age or older and is alleged to have committed an offence.‍ (mesures de rechange)

restorative justice, in respect of the criminal justice system, means an approach to justice that seeks to repair the harm caused by an offence to individuals and their relationships.‍ (justice réparatrice)

restorative justice process means a process that provides an opportunity for a person alleged to have committed an offence, an offender, a victim or members of a community, as the case may be, to communicate, directly or indirectly, about the causes, circumstances and impacts of an offence or alleged offence in order to seek a resolution to repair the harm caused.‍ (processus de justice réparatrice)

Purpose and Principles

• (a) holding a person alleged to have committed an offence or an offender accountable in respect of the offence or alleged offence;

• (b) promoting a sense of responsibility for the offence or alleged offence and acknowledging the harm caused to the victim and the community;

• (c) repairing the harm caused to the victim and the community;

• (d) promoting the rehabilitation and reintegration of the person alleged to have committed an offence or the offender; and

• (e) preventing further harm and involvement in the criminal justice system.

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• (a) judicial resources are more appropriately used in relation to offences that pose a risk to the safety of the public;

• (b) measures that are taken under this Part allow for effective and timely intervention focused on addressing the circumstances underlying the offence or alleged offence;

• (c) crime has a harmful impact on victims and on society and measures that are taken under this Part should take into consideration their interests; and

• (d) measures that are taken under this Part take into account the personal circumstances and characteristics of the person alleged to have committed the offence or of the offender and of the victim, as the case may be, with particular attention to the needs of Aboriginal persons and Black persons.

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Warnings and Referrals

• (a) taking no further action;

• (b) issuing a warning to the person; or

• (c) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or, if authorized to do so, to an alternative measure.

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• (a) issuing a warning; or

• (b) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or to an alternative measure.

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Alternative Measures

• (a) the alternative measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;

• (b) the person who is considering whether to use the alternative measure is satisfied that it would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of the victim and of society;

• (c) the person alleged to have committed the offence, having been informed of the alternative measure, fully and freely consents to participate in it;

• (d) the person alleged to have committed the offence has, before consenting to participate in the alternative measure, been advised of the right to be represented by counsel;

• (e) the person alleged to have committed the offence accepts responsibility for the act or omission that forms the basis of the offence;

• (f) in the opinion of the Attorney General or the Attorney General’s agent, there is sufficient evidence to proceed with the prosecution of the offence; and

• (g) the prosecution of the offence is not in any way barred at law.

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• (a) denies participation or involvement in the commission of the offence; or

• (b) expresses the wish to have any charge against them dealt with by the court.

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• (a) if the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court must dismiss the charge; and

• (b) if the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s compliance with respect to the alternative measures.

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Restorative Justice Processes

• (a) restorative justice processes prioritize the acknowledgement and acceptance of responsibility for the harm caused to victims and communities and the repair of that harm by the person alleged to have committed an offence or the offender;

• (b) they are voluntary and participants must fully and freely consent to participate and may freely withdraw from the restorative justice process at any time;

• (c) they take into consideration the safety and security of all participants and seek to prevent further harm;

• (d) they are based on courtesy, compassion and respect, including respect for the dignity of all participants;

• (e) they foster and support the meaningful participation of those affected, including victims, persons alleged to have committed an offence and offenders and their communities;

• (f) they enable participants to communicate openly and honestly and to have an active role in determining how to address their needs, as they perceive them; and

• (g) they provide opportunities for understanding, healing and change and contribute to the restoration and recovery of victims and the rehabilitation and reintegration of persons alleged to have committed an offence or offenders.

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Records

• (a) for the purposes of an investigation of an offence alleged to have been committed by a person;

• (b) for use in proceedings against a person under this Act; or

• (c) as a result of the use of alternative measures to deal with a person.

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• (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;

• (b) any peace officer

  • (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

  • (ii) for any purpose related to the administration of the case to which the record relates;

• (c) any member of a department or agency of a government in Canada, or any agent of the department or agency, that is

  • (i) engaged in the administration of alternative measures in respect of the person, or

  • (ii) preparing a report in respect of the person as required under this Act; or

• (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is

  • (i) desirable in the public interest for research or statistical purposes, or

  • (ii) desirable in the interest of the proper administration of justice.

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• (ii.‍2) evidence that the offender Insertion start counselled or otherwise Insertion end involved a person under the age of 18 years in the commission of the offence,

Shorter term of imprisonment than minimum punishment

718.‍4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender.

Exception — imprisonment for life

(2) Subsection (1) does not apply with respect to an offence for which the minimum punishment is imprisonment for life.

For greater certainty

(3) For greater certainty, subsection (1) does not affect the operation of section 320.‍23.

Reasons

(4) A court that imposes a shorter term of imprisonment under subsection (1) shall include in the record a statement of its reasons for doing so.