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 aims to amend the Criminal Code, the Sex Offender Information Registration Act, and the International Transfer of Offenders Act. It seeks to respond to a Supreme Court decision regarding the sex offender registry by adjusting the criteria for mandatory registration and granting judges more discretion. The bill also focuses on empowering victims by making changes to publication ban provisions and streamlining the process for victims to receive information about their cases.

Conservative

  • Supports the bill's intent: The Conservatives support the legislation's intent to protect the public from sexual offenders, but believe the bill does not go far enough.
  • Mandatory registry inclusion: Conservatives believe that all sex offenders must be listed on the national sex offender registry and would amend the legislation to ensure this, given women and children are disproportionately victimized by sexual offenders.
  • Discretionary inclusion concerns: The party is concerned that certain cases, such as sexual assault with a weapon or sexual exploitation of a person with a disability, would not be automatically added to the registry, relying instead on judicial discretion.
  • Address deepfakes and deepnudes: The Conservatives are urging the justice committee to amend the definition of 'intimate image' to specifically deal with deepfakes and deepnudes. They say that perpetrators should end up on a sexual offence registry.

NDP

  • Supports S-12: The NDP supports Bill S-12, viewing it as an important measure that should be sent to committee without delay. They emphasize the obligation to act swiftly, particularly because the bill incorporates requests made by victims of crime.
  • Victim agency: A key aspect of the bill is restoring agency to victims of sexual offenses by changing the law regarding publication bans. While recognizing the importance of publication bans in some cases, the NDP believes that victims should have the choice to lift these bans, to help prevent future victimization.
  • Sex offender registry: The NDP supports the sex offender registry but recognizes the need to address overly broad automatic registration. The bill restores judicial discretion in a limited number of cases, particularly for individuals with intellectual disabilities or neurodiversity who may not fully understand social cues, ensuring resources are focused on those most likely to reoffend.

Bloc

  • Supports the bill: The Bloc Québécois supports Bill S-12, viewing it as essential for improving the sex offender registry and aiding police in monitoring offenders. They acknowledge the Senate's diligence in its passage and express readiness to propose amendments in committee while generally considering it a good bill.
  • Balance is needed: The Bloc emphasizes the importance of balancing the rights of victims and the accused, highlighting the presumption of innocence and the goal of offender rehabilitation. They recognize the potential conflict between the sex offender registry and rehabilitation efforts, suggesting exceptions for some crimes.
  • Victim's rights enhanced: The Bloc highlights the bill's provisions for enhancing victim participation in legal proceedings, including the right to decide on publication bans and receive updates on their attacker's case. They emphasize the need to respect victims' choices regarding involvement in the trial and access to information.
  • Frustration with delays: The Bloc expresses frustration with the government's delay in addressing the sex offender registry issue, potentially leading to its expiration. They criticize the need to rush the bill through Parliament and call for an apology and explanation from the government for its inaction.

Liberal

  • Address Supreme Court ruling: The bill responds to the Supreme Court's decision that found sections of the sex offender registry unconstitutional. The bill aims to add narrow judicial discretion back into the sex offender registration regime, while ensuring a robust registry for law enforcement.
  • Automatic registration: The bill maintains automatic registration for repeat offenders and child sex offenders convicted of indictable offences and sentenced to two years or more of imprisonment. For all other cases, offenders would be required to register unless they can prove to a court why it would be inappropriate in their case.
  • Publication ban reforms: Bill S-12 reforms publication ban provisions to empower victims of crime by ensuring that their wishes are respected and that their right to information about their case is fully upheld. The bill would clarify and streamline the process of seeking to change or revoke a publication ban.
  • Simplifies victim registration: The bill simplifies the process for victims to register for ongoing case information by having the judge ask the victim their preference and making it a simple box to tick on a form.
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Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, it is difficult to be brief, but our system does have to be fair.

However, I would like to take this opportunity to emphasize the importance of this bill and of giving a voice to people who have been silenced. In my opinion, it will lay the foundation for a renewed justice system, because we will be renewing trust in our justice system. That is the foundation of democracy.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Is the House ready for the question?

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

Some hon. members

Question.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I request a recorded division.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to Standing Order 45, the recorded division stands deferred until Thursday, October 5, at the expiry of the time provided for Oral Questions.

The hon. deputy House leader has a point of order.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, it looks like we are really close to Private Members' Business, but if you seek it, I believe you will find unanimous consent to see the clock at 5:43 p.m. to start Private Members' Business.

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Does the hon. member have unanimous consent to see the clock at 5:43 p.m.?

Criminal CodeGovernment Orders

October 4th, 2023 / 5:40 p.m.

Some hon. members

Agreed.

The House resumed from October 4 consideration of the motion that Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

October 5th, 2023 / 3:55 p.m.

The Deputy Speaker Chris d'Entremont

It being 3:55 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill S-12.

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #417

Criminal CodeGovernment Orders

October 5th, 2023 / 4:25 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

Criminal CodeGovernment Orders

October 5th, 2023 / 4:25 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I rise on a point of order. During the roll call vote, from the government benches, the member for Fredericton voted and then left the chamber before the vote was reported in the House. I would like to know whether that vote will count under the current voting rules or whether it should be stricken from the record.

Criminal CodeGovernment Orders

October 5th, 2023 / 4:25 p.m.

The Deputy Speaker Chris d'Entremont

I believe the member for Fredericton left the chamber before the vote was complete.