Bill C-10 (Historical)

Safe Streets and Communities Act

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 12, 2012 Passed That the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, be now read a second time and concurred in.
March 12, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “a message be sent to the Senate to acquaint their Honours that the House disagrees with the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because relying on the government to list states which support or engage in terrorism risks unnecessarily politicizing the process of obtaining justice for victims of terrorism.”.
March 7, 2012 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the stage of consideration of Senate amendments to the Bill; and That, 15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the said stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 5, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 30, 2011 Passed That Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, as amended, be concurred in at report stage.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 183.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 136.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 108.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 54.
Nov. 30, 2011 Failed That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following: “( a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and ( b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 39.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 34.
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following: “(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that ( a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and ( b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following: ““terrorism” includes torture. “torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting clause 1.
Nov. 30, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Sept. 28, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
Sept. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because its provisions ignore the best evidence with respect to public safety, crime prevention and rehabilitation of offenders; because its cost to the federal treasury and the cost to be downloaded onto the provinces for corrections have not been clearly articulated to this House; and because the bundling of these many pieces of legislation into a single bill will compromise Parliament’s ability to review and scrutinize its contents and implications on behalf of Canadians”.
Sept. 27, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Justice and Human Rights Committee, on Oct. 6, 2011

    Justice and Human Rights Committee, on Oct. 18, 2011

    • Anthony Doob, Professor, Centre of Criminology, University of Toronto, As an Individual
    • Susan O'Sullivan, Federal Ombudsman for Victims of Crime, Office of the Federal Ombudsman for Victims of Crime
    • Sharon Rosenfeldt, President, Victims of Violence
    • Eric Gottardi, Vice-Chair, National Criminal Justice Section, Canadian Bar Association
    • Michael Jackson, Member, Committee on Imprisonment and Release, National Criminal Justice Section, Canadian Bar Association
    • Eugene Oscapella, Part-time Professor, Department of Criminology, University of Ottawa, As an Individual
    • Don Head, Commissioner, Correctional Service of Canada
    • Catherine Latimer, Executive Director, John Howard Society of Canada

    Justice and Human Rights Committee, on Oct. 20, 2011

    • Vince Westwick, General Counsel, Legal Services, Ottawa Police Service
    • Dale McFee, President, Canadian Association of Chiefs of Police
    • Irvin Waller, President, International Organization for Victim Assistance
    • Sheldon Kennedy, Co-Founder, Respect Group Inc.
    • Donald MacPherson, Director, Canadian Drug Policy Coalition
    • Jamie Chaffe, President, Canadian Association of Crown Counsel
    • Yvonne Harvey, Chair, Canadian Parents of Murdered Children and Survivors of Homicide Victims Inc.
    • Gilles Ouimet, Former President, Barreau du Québec
    • Giuseppe Battista, Lawyer and President, Committee on Criminal Law, Barreau du Québec
    • Dominique Trahan, Lawyer and President, Committee on Youth Law, Barreau du Québec

    Justice and Human Rights Committee, on Oct. 25, 2011

    • Pierre Hamel, Director-Advice, Legal Affairs, Association des centres jeunesse du Québec
    • Michèle Goyette, Director, Special services and Services to Young Offenders, Centre jeunesse de Montréal - Institut universitaire, Association des centres jeunesse du Québec
    • Pierre Chalifoux, General Manager, Parent Secours du Québec inc.
    • Nicholas Bala, Professor of Law, Faculty of Law, Queen's University, As an Individual
    • Line Lacasse, As an Individual
    • Maureen Basnicki, Founder Director, Canadian Coalition Against Terror
    • Jayne Stoyles, Executive Director, Canadian Centre for International Justice
    • Paul Gillespie, President and Chief Executive Officer, Kids' Internet Safety Alliance - KINSA
    • Victor Comras, Attorney at Law, Comras and Comras, PA, As an Individual

    Justice and Human Rights Committee, on Oct. 27, 2011

    • Ellen Campbell, President, Chief Executive Officer and Founder, Canadian Centre for Abuse Awareness
    • David Cooper, Director, Government Relations, Centre for Israel and Jewish Affairs
    • William Trudell, Chair, Canadian Council of Criminal Defence Lawyers
    • Joanne Jong, As an Individual
    • Steve Sullivan, Former Federal Ombudsman for Victims of Crime, As an Individual
    • Barry MacKnight, Police Chief, Chair, Drug Abuse Committee, Canadian Association of Chiefs of Police, Fredericton Police Force
    • Kim Pate, Executive Director, Canadian Association of Elizabeth Fry Societies
    • Justin Piché, Assistant Professor, As an Individual

    Justice and Human Rights Committee, on Nov. 1, 2011

    • Warren Lemcke, Deputy Chief Constable, Vancouver Police Department
    • Jean-Marc Fournier, Minister of Justice and Attorney General of Quebec, Government of Quebec
    • Tom Stamatakis, President, Canadian Police Association
    • Annick Murphy, Chief Crown Prosecutor, Criminal Proceedings and Penal, Bureau de la Jeunesse - Montreal, Government of Quebec
    • Kathy Vandergrift, Chair, Board of Directors, Canadian Coalition for the Rights of Children
    • Caleb Chepesiuk, Executive Director, Canadian Students for Sensible Drug Policy
    • Joe Wamback, Chair and Chief Executive Officer, Canadian Crime Victim Foundation
    • Elizabeth Pousoulidis, President, Association of Families of Persons Assassinated or Disappeared

    Justice and Human Rights Committee, on Nov. 3, 2011

    • Pierre Mallette, National President, Union of Canadian Correctional Officers
    • Marie-Claude Blais, Minister of Justice and Consumer Affairs and Attorney General, Government of New Brunswick
    • Michael Jackson, Member, Committee on Imprisonment and Release, National Criminal Justice Section, Canadian Bar Association
    • Howard Sapers, Correctional Investigator, Office of the Correctional Investigator
    • Joëlle Roy, President and Representative, Laurentides-Lanaudière, Association québécoise des avocats et avocates de la défense
    • Wilma Derksen, Victims' Voice Program Founder and Past Coordinator, Mennonite Central Committee Canada
    • Sam Katz, Mayor, City of Winnipeg

    Justice and Human Rights Committee, on Nov. 15, 2011

    • Larisa Galadza, Senior Analyst, International Affairs, Security and Justice Sector, Foreign Affairs and Defence Division, Treasury Board Secretariat

    Justice and Human Rights Committee, on Nov. 17, 2011

      Justice and Human Rights Committee, on Nov. 22, 2011

      • Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
      • Daryl Churney, Director, Corrections Policy, Department of Public Safety and Emergency Preparedness

      Justice and Human Rights Committee, on Nov. 22, 2011

      • Daryl Churney, Director, Corrections Policy, Department of Public Safety and Emergency Preparedness

      Justice and Human Rights Committee, on Nov. 23, 2011

      • Catherine Kane, Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
      • Philippe Massé, Director, Temporary Resident Policy and Program, Department of Citizenship and Immigration
      • Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section, Department of Justice