moved that Bill C-16, An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures), be read the third time and passed.
Sean Fraser Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends various Acts in relation to criminal and correctional matters.
It amends the Criminal Code to, among other things,
(a) create a new offence that prohibits engaging in a pattern of coercive or controlling conduct towards an intimate partner;
(b) provide that, in the following circumstances, murder — known as femicide when committed against a female person — is murder in the first degree:
(i) the murder is committed against an intimate partner in the context of a pattern of coercive or controlling conduct,
(ii) the murder is committed in the context of sexual violence,
(iii) the murder is committed in the context of human trafficking, or
(iv) the murder is motivated by hate;
(c) provide that, if an offender commits manslaughter in those circumstances, the court must consider whether to impose a sentence of imprisonment for life on the offender and, if that sentence is imposed, an adult offender is ineligible for parole for 10 to 25 years;
(d) remove from the criminal harassment offence the requirement to prove that the victim subjectively feared for their safety and replace it with a requirement to prove that the harassing conduct could reasonably be expected to cause the victim to believe that someone’s safety is threatened;
(e) amend the offence of non-consensual distribution of an intimate image to include, among such images, a visual representation showing an identifiable person depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person;
(f) amend certain existing child sexual offences to include prohibiting a person from inviting a child to expose their own sexual organs for a sexual purpose;
(g) criminalize the distribution of visual representations of bestiality;
(h) create a new offence relating to the recruitment of a person under 18 years of age to be a party to an offence;
(i) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(j) permit courts to order that an offender serve a period of imprisonment below a mandatory minimum term of imprisonment, but only if the mandatory minimum term of imprisonment would amount to cruel and unusual punishment for that particular offender;
(k) create a new Part establishing a framework for applying alternative measures and restorative justice processes in appropriate cases;
(l) create a new Part in respect of unreasonable delay that requires a court to consider specific factors in relation to case complexity, directs a court to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(m) streamline and strengthen the procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced; and
(n) allow the possibility of using affidavit evidence for certain cases involving identity theft and identity fraud.
The enactment also makes consequential amendments to other Acts.
The enactment also amends the Youth Criminal Justice Act to, among other things,
(a) ensure that it better reflects the Canadian Victims Bill of Rights with respect to the rights and interests of victims;
(b) modernize the principle requiring consideration of the needs of young persons, including by requiring particular attention to those of Aboriginal and Black young persons; and
(c) allow youth justice courts to order that a young person enter into a recognizance if there is a reasonable fear that the young person will commit a child sexual offence.
The enactment also amends the Canadian Victims Bill of Rights to
(a) modify the preamble to affirm the importance of victim-centred and trauma-informed approaches;
(b) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(c) enable victims to receive information without being required to make a request;
(d) provide that victims have the right to receive information about their rights under that Act and the protection measures that are available to them;
(e) broaden the information that victims have the right to receive about available restorative justice processes; and
(f) clarify the right of victims to present a victim impact statement at sentencing and a victim statement for consideration when decisions regarding parole or corrections are made about the offender who harmed them.
The enactment also amends the National Defence Act to, among other things,
(a) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(b) create a new Division in respect of unreasonable delay that requires a court martial to consider specific factors in relation to case complexity, directs a court martial to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court martial is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(c) streamline and strengthen the procedural rules to align with the Criminal Code procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced;
(d) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(e) provide that victims have the right to receive information about their rights under the Division of the National Defence Act entitled “Declaration of Victims Rights” and information about the protection measures that are available to them; and
(f) enable victims to receive information from authorities in the military justice system without being required to make a request.
The enactment also amends An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service to, among other things,
(a) clarify the types of Internet services covered by that Act;
(b) require that transmission data be provided with the mandatory notification in cases where the material is manifestly child sexual abuse and exploitation material;
(c) extend the period of preservation of data related to an offence; and
(d) extend the limitation period for the prosecution of an offence under that Act.
The enactment also amends the Firearms Act to clarify that an individual whose firearms licence or registration certificate has been revoked is required to deliver their firearm to a peace officer, firearms officer or chief firearms officer and to provide that an individual is not eligible to hold a licence under that Act if the chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence or stalking.
The enactment also amends the Corrections and Conditional Release Act to, among other things, enhance the disclosure of information to victims and other components of the criminal justice system and provide for the submission of victim statements in certain instances.
Finally, the enactment also amends the Mutual Legal Assistance in Criminal Matters Act to facilitate legal assistance between Canada and supranational bodies with responsibility for criminal investigations or prosecutions.
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 C-16s:
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 C-16, the Protecting Victims Act, proposes to modernize the Criminal Code by criminalizing coercive control, addressing online sexual exploitation, and recognizing femicide. While proponents highlight strengthened victim protections, opponents criticize a provision potentially allowing judges to bypass certain mandatory minimum sentences.
Liberal
Conservative
Bloc
Lena Metlege Diab Liberal Halifax West, NS
moved that Bill C-16, An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures), be read the third time and passed.
Anthony Housefather LiberalParliamentary Secretary to the Minister of Emergency Management and Community Resilience
Mr. Speaker, I would like to start by seeking unanimous consent to share my time with the hon. member for Prescott—Russell—Cumberland.
Protecting Victims ActGovernment Orders
Anthony Housefather Liberal Mount Royal, QC
Mr. Speaker, I am pleased to rise today at third reading of Bill C-16, the protecting victims act. This legislation reflects a simple but important principle: Our laws must keep pace with the realities that Canadians face today. Crime evolves. Technology evolves. The experiences of victims evolve—
Protecting Victims ActGovernment Orders
The Deputy Speaker Tom Kmiec
I have to interrupt the hon. member.
The hon. member for Laurentides—Labelle on a point of order.
Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC
Mr. Speaker, unfortunately, we have no interpretation.
Protecting Victims ActGovernment Orders
The Deputy Speaker Tom Kmiec
It is working now?
The hon. parliamentary secretary can pick up from where he left off. The interpretation is working again.
Anthony Housefather Liberal Mount Royal, QC
Mr. Speaker, crime evolves. Technology evolves. The experiences of victims evolve. Parliament has a responsibility to ensure that our criminal laws evolve as well.
The protecting victims act responds to the realities of modern victimization. It strengthens protections for victims and survivors. It addresses emerging forms of abuse and exploitation. It increases accountability for serious offenders. It provides law enforcement and the courts with additional tools to help keep Canadians safe.
Throughout the debate, we have discussed public safety, violence against women, child protection, online exploitation and victims' rights. These are not abstract issues. This is about real people. This affects families in every part of the country. They deserve a meaningful response from Parliament.
The protecting victims act directly addresses the concerns of victims, survivors, community organizations and justice system experts across the country. It aims to better protect vulnerable people and ensure that our laws reflect today's realities.
One of the most significant measures in the legislation would be the creation of a new offence of coercive control. For many years, survivors and advocates have told us that abuse begins long before physical violence occurs. Very often it begins with intimidation, isolation, manipulation or threats. It begins with a pattern of behaviour designed to dominate another person's life. Victims may be cut off from family and friends. Their finances may be controlled, their communications may be monitored, and their independence may gradually be taken away.
Taken together, these actions can create an environment of fear and control that has devastating consequences, yet too often, intervention occurs only after violence has escalated. Too often, warning signs are recognized only after a tragedy has occurred.
The protecting victims act would represent an important step forward. By creating a new offence of coercive control, Parliament would recognize that abuse is not defined only by physical violence, but that psychological abuse, emotional abuse and patterns of domination and control matter, and that victims deserve protection before violence escalates.
All too often, victims wonder why no one intervened sooner. Creating a new offence related to coercive control finally recognizes a reality that survivors have been describing for years. This measure gives authorities an additional tool to intervene earlier and better protect those at risk.
Another major focus of the protecting victims act is the protection of children. I believe that every member of the House can agree that children deserve to be safe, protected, and free from exploitation. Unfortunately, criminals increasingly use digital platforms to groom victims, distribute exploitative materials, engage in sextortion and facilitate abuse. The Internet has created tremendous opportunities, but it has also created new risks. The law must keep pace with those risks.
The protecting victims act would strengthen the legal framework related to child sexual exploitation and online abuse. It would make reporting requirements mandatory for social media companies when child sexual abuse material and exploitative content are identified. Canadians rightly expect digital platforms to act responsibly and to co-operate in protecting children from exploitation. Parents expect Parliament to respond when criminals use modern technology to target young people. The legislation would be exactly that response.
Protecting children should never be a partisan issue. The fight against the sexual exploitation of children should never be a partisan issue. We all have a responsibility to act when the safety of young people is at risk.
The protecting victims act would also respond to the growing threat of sexually explicit deepfakes and image-based abuse. Technology continues to evolve at an extraordinary pace. Artificial intelligence has created remarkable opportunities, but it can also be misused. We have seen disturbing images of sexually explicit images being created and distributed without consent. Women and girls have been disproportionately targeted by these harmful practices.
No one should have to fear that their likeness will be manipulated and weaponized against them. No one should have to endure the trauma of discovering that sexually explicit images have been created or shared without their consent. The protecting victims act would modernize the Criminal Code to address these realities and ensure that victims are protected, regardless of whether abuse occurs online or off-line.
Accountability is another important principle underlying the legislation. Canadians expect serious consequences for serious crimes. That expectation is reasonable and is reflected in the protecting victims act. The legislation would restore more than a dozen mandatory minimum penalties related to serious child sexual offences, would increase penalties for child predators and would strengthen the criminal justice response to some of the most serious crimes in our society. Children who experience sexual exploitation often carry that trauma throughout their life. Families are devastated. Communities are shaken. The consequences extend far beyond the immediate offence. Our justice system must respond accordingly.
The legislation would also recognize that victims need support throughout the justice process. For many victims, the crime itself is only the beginning of a difficult journey. Participating in criminal proceedings can be intimidating, stressful and retraumatizing. The protecting victims act would expand access to testimonial aids and support measures to help victims and witnesses participate more fully in the justice process.
The act would also expand access to support services for victims and witnesses. It would help make the justice system more accessible, more compassionate and more attuned to the needs of people who have already been through traumatic experiences.
These reforms would help improve the experience of victims, while supporting the broader goal of ensuring that justice is both done and seen to be done.
Yesterday, some members of the House voted against the protecting victims act at report stage. That was their decision, but they will have to explain to Canadians why they opposed legislation that would create a new offence of coercive control, strengthen protections for children and victims and restore minimum mandatory penalties for serious child sexual offences.
For our part, we are proud to support the legislation. We are proud to support victims, we are proud to support survivors, and we are proud to support safer communities. At the end of the day, the questions before us are straightforward: Do we believe victims deserve stronger protections? Do we believe children deserve greater safeguards against exploitation? Do we believe survivors deserve to be heard? Do we believe our laws should evolve to meet emerging threats? Do we believe Parliament should act when change is needed? I believe that the answer to all these questions is yes, and that is why I encourage everyone in this place to support the bill at third reading.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, I really appreciate how the member for Mount Royal set out the bill in such a manner that one would think it is very straightforward. We often hear members in the official opposition say that they want the government to deal with crime in a stronger way, and they talk about the importance of victims. Based on what we heard from the member for Mount Royal, one can easily come to the conclusion that this is legislation that one would expect the Conservative Party not only to vote in favour of but also to be anxious to have become law.
I wonder if the member could provide his thoughts regarding how we would have a better and healthier society by passage of the legislation.
Anthony Housefather Liberal Mount Royal, QC
Mr. Speaker, I always appreciate the parliamentary secretary's questions.
The goal of the current government is for people to both be safe and feel safe, and for communities to be safer. That is why the government brought forward an ambitious agenda of criminal reforms that would make it tougher for bad people and repeat offenders to get bail, would make sure victims of hate crimes have better access to police tools to prosecute those hate crimes, and, in this case, would make sure victims are protected, particularly women and children, who, in many different instances, disproportionately bear the threat of coercive control or exploitation.
The bill is an important piece of the tool kit, a tool in the tool kit for police and prosecutors. It is important for victims and other Canadians, and I encourage everyone to get on board and vote for the bill.
Kelly DeRidder Conservative Kitchener Centre, ON
Mr. Speaker, I completely agree that we need to keep our communities safe and to protect victims of any sort of violence and criminality in Canada, so I am going to ask a very simple question: If this is the true intent of the bill, why would the Liberals make mandatory minimum penalties optional?
Anthony Housefather Liberal Mount Royal, QC
Mr. Speaker, there is no reasonable way that the bill can be interpreted as making mandatory minimums optional. What the bill would do is prevent courts from striking down minimum mandatory sentences based on hypotheticals. This should be exactly the type of bill Conservatives would support. Conservatives have railed against what the courts have done to strike down minimum mandatory sentences based on hypotheticals.
I refer to the Senneville decision last year. This bill would restore minimum mandatory sentences and prevent courts from doing what was done in Senneville, by allowing courts to assess only the individual before them and not to strike down the entire category based on one hypothetical situation. The hon. member should read the bill again.
Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC
Mr. Speaker, I would like to know my colleague's thoughts about the study in committee of Bill C-16. The Conservatives made a lot of deliberate attempts to obstruct the work. While purporting to bring amendments beyond the scope of the bill, our colleagues engaged in endless filibustering.
Considering that we made some progress and that we support the bill, even though it may not be perfect, what does my colleague think of the Conservatives' behaviour?
Anthony Housefather Liberal Mount Royal, QC
Mr. Speaker, as my hon. colleague said, this legislation is a step forward. Everyone needs to be pragmatic. We will never get everything we want, but this bill is very good news for everyone who wants safer communities in Canada. It was unfortunate to have to sit in committee hour after hour as our colleagues tried to derail this bill.
Like the other justice bills that we introduced, this is something very important to Canadians.