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 often publishes better independent summaries.

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 the Library of Parliament. You can also read the full text of the bill.

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

JusticeOral Questions

June 9th, 2023 / noon
See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I salute the member's empathy and the good place from which the question came.

Our sympathies go out to Cody McConnell and his family and friends for his loss. I tabled in the Senate Bill S-12, whose intention is precisely to preserve and strengthen the sex offender registry. I have undertaken publicly, and I will do it again now, to look at the proposed Noah's law to see if it is in conformity with what we are trying to do and to work with members across the floor to see what we can do.

Corrections and Conditional Release ActPrivate Members' Business

June 6th, 2023 / 6:10 p.m.
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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, as a New Democrat, I am pleased to rise in the House and say that we do support this bill as part of our commitment to the protection of victims' rights. Also, we encourage all members of the House to support the attempts to provide victims with the services they need in terms of rehabilitation or to compensate for losses they have suffered as a result of being victims of crime.

We conducted hearings in the justice committee, where we heard from victims, and we heard very clearly that one of the things they want is accurate and timely information about the parole process. For that reason, I am quite happy to see this bill come forward and to support it. One of the additional things we heard from victims was on the specific case of sexual assault victims, who asked to be consulted and to be informed about publication bans, and have the right to opt out of publication bans on their assaults. Many of them felt a publication ban without their consent denied their agency and their ability to speak about their own experience, and often it inadvertently protected the perpetrators when their names were suppressed. That is in a bill that is before the Senate, Bill S-12. It was in committee in the Senate today, and I think most of us look forward to that provision getting here to the House very soon.

There are other important measures, and I thank the member for Shefford for talking about the attempt to move coercive and controlling behaviour into criminal law. That was originally in a private member's bill I sponsored, but it is now being brought forward by the member for Victoria as Bill C-332. I hope we will be dealing with that this fall. Again, by making coercive and controlling behaviour a criminal offence, we can prevent victims of violence in the future, since coercive and controlling behaviour in intimate partner relationships is almost always a precursor to actual violence in that relationship.

I spent 20 years, before I came here, as a criminal justice instructor, and one of the things I know from working with and talking to victims is they are concerned about public safety, and in the very specific sense that almost every victim wants to make sure we take measures to make sure the same experience they had does not happen to others. That concern for public safety is always front and centre with every victim I have met with.

It is unfortunate when rhetoric around crime, punishment, parole and bail veers off into what I would call an ideological position that tougher, longer sentences actually keep people safe. It really misunderstands the purpose and function of our parole system. We know that, in Canada, people are eventually going to be released from jail, except for a very small number of them. The parole system does not provide a “get out of jail free” card or earlier release; it provides incentives for good behaviour in the corrections system and it provides incentives for people to participate in rehabilitation, to take drug and alcohol counselling and to take anger management courses. It is hard to get parole if one does not engage in good behaviour in the system and does not engage in those rehabilitation activities. A person will not actually get parole and will not get the privileges of a phased release, being in a halfway house or any of those other things that are seen somehow as privileges. Those things are actually the phased reintegration of people into the community.

We know that people who successfully complete a parole process have a much smaller chance of reoffending. If we make parole almost impossible to get and if we insist on very long sentences, we actually have a negative impact on public safety, in that those who have committed crimes will serve their sentence in the institution, will not participate in rehabilitation activities and will be released at the end of their sentence with no supervision, no access to public services and no monitoring of what they are doing in the community. Parole is a way of keeping people safe; it is a way of promoting public safety. It is a way of encouraging rehabilitation. It is important we not lose sight of that. Having said that, victims obviously need to have accurate information about how this works and what is happening at each stage of the process. In that sense, of course, I am still supportive of this bill.

At this point, it is important to mention what I will call the unsung heroes of public safety, who are not as high profile as the police or as corrections workers. Those are the parole officers in this country. Parole officers work very hard with those who are being phased back into the community, to make sure they are successful. In doing so, they help promote public safety. I salute the more than 1,600, I think it is now, parole officers who work for Corrections Canada and belong to the Union of Safety and Justice Employees.

They have recently released a report, within the last year, that points out the challenges they face. Parole officers have very high levels of operational stress injuries in their occupation. That has to do with the stress of dealing with the offenders and the lack of resources in our system.

One of the things they have called for is the hiring of additional parole officers. This would help each of them do their job in a healthier manner, but also reducing caseloads would mean there is more time for those parole officers to spend on the people who are being released, so they can provide better supervision, more monitoring of things like curfews, or more monitoring of whether they are actually where they are supposed to be while they are on parole.

In addition, they called for increased mental health services for parole officers. One of the things they pointed out was that this, in actual fact, saves money. If we provide better mental health services, we avoid the burnout that leads to long-term operational injuries and long-term sick leave.

The other thing they asked for, and I think this is interesting because it shows their professionalism, is increased funding for more mental health professionals working inside our correctional institutions and as part of the parole system. Quite often what we see now, unfortunately, is offenders who have very complex psychological and substance abuse problems to deal with. We need those highly skilled professionals to help design the programs that would help rehabilitate them into the community with the least risk possible to the public.

Again, it is important, whenever we are talking about probation, parole or bail, to remember that things like parole and bail are designed to help keep the public safe—

Corrections and Conditional Release ActPrivate Members' Business

June 6th, 2023 / 5:50 p.m.
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Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, my apologies.

Across the country, victims of serious crimes may be surprised to learn how sentences are administered, including eligibility for temporary absences and parole. We have heard that victims of crime and their families want clarity and they want transparency, and that is why I look forward to debating Bill C-320 in the House.

I will provide an overview and some context from a federal public safety perspective.

As members will know, we are discussing this bill just weeks after the Victims and Survivors of Crime Week. Victims deserve to be treated with respect and compassion and to be provided with accurate and timely information, so let us look at what is in place.

As I mentioned, the eligibility dates for reviews and releases are currently provided to registered victims in an initial contact letter. We have also very recently moved forward with new legislation to continue to support victims' rights, in the form of Bill S-12. That legislation would ensure that victims receive ongoing information about the offender after sentencing and would improve the law on publication bans by giving a greater voice and clarity to victims in regard to imposing and lifting a publication ban.

Let me delve a bit further into the topic.

As members will know, the CCRA governs both the Correctional Service of Canada and the Parole Board of Canada. It is the foundation on which people serving federal sentences are supervised and conditional release decisions are made. It also recognizes that victims of crime have an important role to play in the criminal justice system. It provides victims with an opportunity to access certain information and participate in the federal corrections and conditional release process. With the CCRA and the Canadian Victims Bill of Rights as a foundation, a variety of government departments, including the Parole Board of Canada and the Correctional Service of Canada, work together to provide information services to victims.

The Canadian Victims Bill of Rights expanded the information available to victims as it relates to hearings by allowing victims who were unable to attend a hearing to request to listen to an audio recording of the parole hearing. At any time, victims may also submit information that details the physical, emotional or financial impact the offence has had on them to the Parole Board for consideration in its decision-making. They may also raise any safety concerns they may have related to the offender's risk of re-offending. As part of the victim statement, victims can also request that the board consider imposing special conditions on an offender's release.

All this information assists board members in assessing risk and determining if additional conditions may be necessary to impose if release to the community is granted.

The—

Criminal CodeRoutine Proceedings

May 31st, 2023 / 4:40 p.m.
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NDP

Laurel Collins NDP Victoria, BC

moved for leave to introduce Bill C-334, An Act to amend the Criminal Code, the Judges Act and the Director of Public Prosecutions Act (orders prohibiting publication of identifying information).

Mr. Speaker, I am honoured to table my private member's bill on publication bans this afternoon. This bill is an act to amend the Criminal Code, the Judges Act and the Director of Public Prosecutions Act to better support survivors of sexualized violence.

Tabling this bill was made possible by the phenomenal work of My Voice, My Choice, a group of women who courageously advocated to make sure that other survivors have a choice when it comes to publication bans. Currently, there is no obligation to get consent from victim complainants when a ban has been placed on their name, and if they choose to speak out about their own experiences, they can face criminal charges. This is appalling, and I strongly believe that, as MPs, we have a responsibility to reform these systems.

I know that Bill S-12 was recently introduced in the Senate, which I was very happy to see. However, there are gaps in this government bill. I look forward to working with MPs from all parties when it comes to the House to make it better. I hope that my bill can act as an example of how Bill S-12 can and must be strengthened, to ensure that all survivors are given a choice.

(Motions deemed adopted, bill read the first time and printed)

JusticeOral Questions

May 3rd, 2023 / 3:10 p.m.
See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I thank my colleague from Vancouver Granville for his question and his French.

We recently introduced Bill S-12 in the Senate to strengthen the national sex offender registry. Offenders will have to register, unless they can prove that they do not pose a risk to public safety.

Bill S‑12 also gives victims more choice over publication bans by clarifying the process. Some victims want to protect their identity, others want to tell their stories. It is their voice and it should be their choice.

My Voice, My ChoiceStatements by Members

May 3rd, 2023 / 2:20 p.m.
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NDP

Laurel Collins NDP Victoria, BC

Mr. Speaker, I rise today to highlight the phenomenal work of My Voice, My Choice. The women of My Voice, My Choice have courageously sought justice through a system that we know is retraumatizing. They have continued to courageously advocate to make sure other survivors have a choice when it comes to publication bans.

Currently, there is no obligation to inform or get consent from a victim-complainant when a ban has been placed on their name. If they choose to speak out about their own experiences, they can face criminal charges. This is outrageous.

I stand with them today as a sexual assault survivor who chose not to go through the legal system, knowing that this system is not kind to victims. As MPs, we have a responsibility to listen to survivors and to reform these systems. My Voice, My Choice advocates have fought tirelessly, and their work has led to the introduction of Bill S-12.

They are here in Ottawa with a clear message that we must amend and strengthen this bill to ensure that survivors never face criminal charges for sharing their own story and that they are always given the choice.

Public SafetyOral Questions

May 1st, 2023 / 3 p.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, we have long been working with the provinces to strengthen the bail system. I hope that we will see results soon.

I also note that the provinces are themselves in the process of strengthening the administration of their systems. We are seeing that in British Columbia. We are seeing that with the investments being made in Ontario.

Last week, we introduced Bill S‑12, which will strengthen victims rights in cases of sexual assault.

We are working together on problems to improve Canadians' lives.

JusticeOral Questions

April 28th, 2023 / 12:05 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to thank my colleague from Calgary Skyview for his hard work in his community.

We just introduced Bill S-12 in the Senate. It would strengthen the national sex offender registry by requiring all offenders to register, unless they can prove that they do not pose a risk to public safety. Bill S-12 would also give victims more of a say in whether a publication ban is ordered and gives survivors a clearer pathway to modify or revoke a ban. Some victims want to protect their identity, others want to tell their stories. It should be their choice.

We look forward to the support of all of our colleagues in the House and Senate to ensure that Bill S-12 is passed quickly.

JusticeOral Questions

April 27th, 2023 / 3:05 p.m.
See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, as I have said several times, serious crimes deserve serious consequences.

Our government has taken action on several fronts to ensure that victims of sexual assault are treated with dignity and respect.

Yesterday, I tabled in the Senate Bill S‑12, which will strengthen the Sex Offender Information Registration Act and will also give victims more powers. I hope that all parties in the House will support it.

This is in addition to other measures we have introduced such as Bill C‑3 and Bill C‑51, which will protect victims of sexual assault.