Protection of Communities and Exploited Persons Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  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.

This enactment amends the Criminal Code to, among other things,

(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;

(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);

(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;

(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;

(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;

(f) ensure consistency between prostitution offences and the existing human trafficking offences; and

(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.

The enactment also makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

Oct. 6, 2014 Passed That the Bill be now read a third time and do pass.
Sept. 29, 2014 Passed That Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, as amended, be concurred in at report stage.
Sept. 29, 2014 Failed That Bill C-36 be amended by deleting the long title.
Sept. 25, 2014 Passed That, in relation to Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to 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.
June 16, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
June 12, 2014 Passed That, in relation to Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and That, at the expiry of the five hours provided for the consideration at second reading stage of the 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.

Protection of Communities and Exploited Persons ActGovernment Orders

June 11th, 2014 / 5:20 p.m.
See context

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I want to follow up on a couple of questions that were posed by my colleague from Gatineau.

When the minister says that he is prepared to release the poll that Canadians have paid $175,000 for in due course, I wonder if he could offer us any explanation for the delay. Is there is any good reason that it cannot be released now, in advance of the committee dealing with this matter?

Second, the last two times that the government was faced with a situation that dramatically intersected with the charter was arguably the Senate reference and the Nadon decision. In both those situations, Conservatives either sought outside legal opinions with respect to constitutionality or submitted those cases to the Supreme Court of Canada for a reference. In both those situations, they did so when they knew there was going to be a constitutional issue.

This case comes right out of the Supreme Court of Canada because of a conflict with the charter. Given how Conservatives have dealt with charter-sensitive cases before, could the minister explain why he is so dead set against taking the same approach again? Is it because of the result in the last two Supreme Court of Canada references?

Protection of Communities and Exploited Persons ActGovernment Orders

June 11th, 2014 / 5:20 p.m.
See context

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, as the hon. member referred to me in the last debate, I know he is no Einstein, but he would know that this reference actually came from the Supreme Court. I would suggest to him that we are doing our job by bringing forward legislation that responds to the sections that were struck by the Supreme Court. We are also doing what would be expected of the government and the Department of Justice by ensuring that while the laws of Canada are constitutional, they protect vulnerable Canadians. That is at the very heart of the bill itself.

On the disclosure aspect, he might also know that the natural timeframe for release is six months. We may release in advance of that in the interests of ensuring that the committee is able to do its good work and in response to the timeframe that we are working under as a result of the Supreme Court giving us one year to respond. With that as the backdrop, again, we may decide to release that information in advance of the six-month timeframe.

Protection of Communities and Exploited Persons ActGovernment Orders

June 11th, 2014 / 5:20 p.m.
See context

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I certainly want to thank the minister for his absolutely fabulous bill. It has, for the first time, changed the paradigms in this country about those who are trafficked and those who are involved in prostitution at this point in time.

Could the minister please talk about the compassionate side? The purchasing of sex would now be illegal for the first time, but there is another very compassionate side to the bill that is going to address the victims of this crime.

Protection of Communities and Exploited Persons ActGovernment Orders

June 11th, 2014 / 5:25 p.m.
See context

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank the member for Kildonan—St. Paul. I think I can fairly say that she epitomizes much of the compassionate and very practical side of this bill. She has been outstanding in her work in helping those in prostitution, particularly those who have been caught up in human trafficking, which is, again, very much a subset of those who become involved in prostitution.

She is right that in addition to the legislation, this is going to require a very comprehensive approach. It will require reaching out and working with many organizations that do similar outstanding work and it will require the type of leadership that she has demonstrated in helping prostitutes deal with many of the underlying causes, which involve, in some cases, years of violence. Children have been abducted, intimidated, blackmailed, drugged, and brought into this life of prostitution through a number of very insidious circumstances.

This specific pool of resources, in addition to other programs and program spending, will be designed to help them exit the life of prostitution by giving them career options and helping them with homelessness, child care, addiction problems, and treatment for many of the causes that led to what is not really a choice.

In addition to the laws designed to go after the johns, pimps, and perpetrators, part of the effort is to take the emphasis and stigma off the women, the victims, and to see them in a different light. To move away from the paradigm of seeing victims being re-victimized under the Criminal Code, we are now putting the focus and emphasis on those who are truly exploitative and bring danger to the streets and the prostitutes. At the same time, we are putting programs around those who truly need our help.

Bill C-36—Notice of Time AllocationProtection of Communities and Exploited Persons ActGovernment Orders

June 11th, 2014 / 11:40 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I do regret to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.