An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code , the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,
(a) require compliance with the Sex Offender Information Registration Act for persons who are convicted of an offence of a sexual nature against a child and for persons who have been convicted on separate occasions of two or more offences of a sexual nature;
(b) require other persons who are convicted of, or receive a verdict of not criminally responsible on account of mental disorder for, an offence of a sexual nature to comply with that Act unless a court is satisfied that doing so would have no connection to the purposes of that Act or that the impact on the person of doing so would be grossly disproportionate to those purposes;
(c) provide that an order to comply with that Act as a result of convictions, or verdicts of not criminally responsible on account of mental disorder, for two or more offences of a sexual nature that are dealt with in the same proceeding — or an obligation to comply with that Act as a result of convictions, or such verdicts, for two or more offences of a sexual nature — does not apply for life if a court is satisfied that the offences do not demonstrate a pattern of behaviour showing that the person presents an increased risk of reoffending by committing such an offence;
(d) authorize a peace officer to obtain a warrant to arrest a person who has contravened any of sections 4 to 5.1 of that Act and bring them to a registration centre to remedy that contravention; and
(e) clarify the obligations in section 6 of that Act respecting the notice that sex offenders who plan to absent themselves from their residence must provide.
The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-12s:

S-12 (2012) Incorporation by Reference in Regulations Act
S-12 (2010) Federal Law-Civil Law Harmonization Act, No. 3
S-12 (2004) Personal Watercraft Act
S-12 (2004) An Act to amend the Royal Canadian Mounted Police Act (modernization of employment and labour relations)

Votes

Oct. 5, 2023 Passed 2nd reading of Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill S-12 amends the Criminal Code, the Sex Offender Information Registration Act, and the International Transfer of Offenders Act. The bill aims to increase victim autonomy regarding publication bans, ensuring victims are informed and consulted before a ban is invoked and clarifying what information is covered by a ban. It also modifies the national sex offender registry in response to a Supreme Court decision, establishing a presumption of registration for offenders with judicial discretion for exemptions, while adding new offenses to the registry and enhancing monitoring and compliance measures.

Conservative

  • Supports the bill: The Conservative party supports legislation that would protect the public from sexual offenders, including Bill S-12. They highlight their previous efforts to strengthen the sex offender registry and emphasize the need for effective measures to protect vulnerable populations.
  • Bill is a missed opportunity: The Conservatives believe the bill is a missed opportunity to improve public safety, saying that the Liberals amended their own bill to further prioritize the interests of the accused in sexual assault cases. They advocate for mandatory listing of all sex offenders on the national registry and express concerns that the court's decision will weaken the registry's effectiveness.
  • Crime wave: The Conservatives criticize the current government's policies, asserting they have led to a crime wave and increased sexual offenses. They express concern over the rise in sexual assaults and online child exploitation and accuse the government of failing to protect vulnerable members of society.

NDP

  • Supports bill S-12: The NDP supports Bill S-12, as it addresses recommendations from the Standing Committee on Justice and Human Rights regarding support for victims of crime. The bill aims to restore agency to survivors of sexual assault.
  • Publication bans addressed: Bill S-12 addresses the issue of publication bans that restrict survivors of sexual assault from speaking about their experiences. The bill requires notification of survivors regarding these bans.
  • Sex offender registry changes: The bill revises the sex offender registry in response to a Supreme Court decision, implementing a presumption of registration while allowing a small number of offenders to seek exemption. It also strengthens the registry by including offences like non-consensual distribution of intimate images and sextortion.
  • Concerns about the process: The NDP notes that the bill's path and timetable were not ideal, limiting the ability to consider all suggested amendments. The NDP believes the bill could have better met the needs of survivors of sexual assault if it had been managed differently.

Bloc

  • Supports the bill: The Bloc Québécois supports Bill S-12, stating that the amendments align with human rights requirements and respond to the Supreme Court's ruling.
  • Critical of government delay: The Bloc is critical of the government's delay in introducing the bill after the Supreme Court ruling, questioning why it took six months to present the bill in the Senate.
  • Victim participation emphasized: The Bloc supports the bill's provisions promoting victim participation at the publication ban stage, ensuring victims are aware of and consent to publication bans meant to protect them.

Liberal

  • Empowering victims of crime: Bill S-12 reflects the government's commitment to addressing concerns around sexual offending and supporting victims of crime by amending publication ban provisions and the national sex offender registration regime.
  • Publication ban improvements: The bill aims to improve communication between victims and the justice system regarding publication bans, ensuring a clear legislative process for amendment or revocation and intending that prosecutors consult with victims before a ban is invoked.
  • Strengthening sex offender registry: Bill S-12 strengthens the sex offender registry by requiring all sexual offenders to register unless they can demonstrate it's overbroad, while retaining automatic registration for repeat offenders and those who commit sexual offences against children with sentences of two years or more.
  • Operational improvements: The bill addresses operational issues, such as creating compliance warrants for non-compliant offenders, expanding the list of offenses that qualify for the registry (including non-consensual sharing of intimate images), and requiring registered offenders to provide advance notice of travel plans.
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Criminal CodeGovernment Orders

October 25th, 2023 / 6 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I suspect that if you were canvass the House, you would find unanimous consent to call it 6:44 p.m. so we can begin private members' hour.

Criminal CodeGovernment Orders

October 25th, 2023 / 6 p.m.

The Assistant Deputy Speaker Carol Hughes

Is it agreed?

Criminal CodeGovernment Orders

October 25th, 2023 / 6 p.m.

Some hon. members

Agreed.