Bill S-205

An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

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 in respect of interim release and other orders related to intimate partner violence offences. The enactment also provides for recognizance orders to be made when there is a reasonable fear of domestic violence.

Similar bills

C-293 (43rd Parliament, 2nd session) An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

S-231 (43rd Parliament, 2nd session) An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

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-205s:

S-205 (2020) An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate)

S-205 (2019) An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)

S-205 (2015) An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts

S-205 (2013) An Act to amend the Official Languages Act (communications with and services to the public)

Votes

Sept. 25, 2024 Passed 3rd reading and adoption of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

Sept. 25, 2024 Passed Concurrence at report stage of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

Sept. 25, 2024 Failed Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) (report stage amendment)

Nov. 1, 2023 Passed 2nd reading of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

Debate Summary

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-205 amends the Criminal Code, primarily focusing on bail conditions and peace bonds in cases of intimate partner violence. It aims to enhance victim safety by allowing judges to consider electronic monitoring for accused individuals and creating a new peace bond specifically for domestic violence situations. The bill also emphasizes the need for judges to consult with victims about their safety concerns and ensures victims have access to information regarding court orders.

Conservative

Supports stronger domestic violence bill: The Conservative Party supports Bill S-205 as a means to prevent tragedies related to domestic violence. They believe the original bill, before amendments, was stronger and provided more protections for victims by including provisions such as electronic monitoring of offenders and mandatory consultation with victims regarding their safety needs.
Opposes Liberal/NDP amendments: The Conservatives oppose the amendments made by the Liberals and NDP, arguing they have weakened the bill. They are working to reinstate the original provisions to prioritize victims and provide additional tools for protection.
Focus on electronic monitoring: A key aspect of the Conservative position is the implementation of electronic monitoring, arguing it creates a security perimeter and gives victims more power to protect themselves. They criticize the removal of the electronic bracelet clause, calling it the "whole weight of the bill."
Elevating victim's voices: The Conservatives emphasize the importance of listening to victim testimony and elevating their voices in Parliament. They advocate for policies that reflect the real experiences and needs of victims of domestic violence, rather than imposing political agendas.

NDP

Supports Bill S-205: The NDP supports Bill S-205, acknowledging the hard work of Senator Boisvenu and the importance of protecting survivors of intimate partner violence. The bill's amendments to the Criminal Code, including consulting the intimate partner about safety, considering electronic monitoring, and establishing peace bonds, are seen as important steps.
Intimate partner violence a crisis: Members emphasize that intimate partner violence is a national crisis, with rates increasing since the pandemic. They note the connection between intimate partner violence and mental health issues, and the disproportionate impact on women, particularly low-income, indigenous, and marginalized women.
Focus on Indigenous concerns: One member raised concerns about the bill's impact on indigenous peoples, who are overrepresented in the criminal justice system. An amendment was proposed to ensure judges consider culturally appropriate indigenous support services, aligning with the United Nations Declaration on the Rights of Indigenous Peoples.
Bill is a step: While emphasizing that legislation alone cannot solve the problem, NDP members believe Bill S-205 is a positive step. They highlight the need for broader societal action to prevent and eliminate intimate partner violence and support survivors, as well as the importance of implementing the calls for justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Bloc

Supports Bill S-205: The Bloc Québécois supports the bill, viewing it as consistent with initiatives to strengthen justice and policing systems against violence, especially domestic and gender-based violence, and aims to better align the justice system with public safety, particularly ensuring better protection for victims of domestic violence.
Victim involvement: The party believes the bill will help involve victims more in the judicial process, such as requiring judges to consult them before issuing release orders with conditions, and lower barriers that might dissuade victims from reporting their attackers.
Electronic monitoring: The Bloc highlighted Quebec's leadership in victim protection through initiatives like province-wide electronic monitoring to prevent femicides and protect victims, expressing hope that the rest of Canada will follow suit.
Indigenous women: The Bloc emphasized the need to address the unique challenges faced by Indigenous women, who are often underserved by the justice system, and believes the bill can help ensure their safety and security are prioritized.

Liberal

Supports bill with amendments: The Liberal Party supports Bill S-205, recognizing the value of the amendments made by the committee which they believe enhanced the legislation. Members are urged to vote in favour of the bill.
Electronic monitoring: Liberals support a tailored approach to electronic monitoring in cases of intimate partner violence, as seen in Bill C-233, rather than broadly applying it to all offences. This targeted approach ensures that intimate partner violence receives special consideration from judges.
Victim-centric approach: The party supports allowing someone to bring forward a peace bond on behalf of a person who fears a crime will occur, aligning with current practices. They disagree with amendments that would restrict this to only victims, arguing that this is counterintuitive to a victim-centric approach.
Indigenous support services: The party supports the amendment that allows a judge to recommend Indigenous support services as an alternative to a peace bond when the informant or defendant is Indigenous. This addresses the overrepresentation of Indigenous peoples in the criminal justice system by allowing alternative justice methods for healing.

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