Bill C-16

Protecting Victims Act

An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures)

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.

Protecting Victims Act

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I would say that listening to victims is what works best. As the representatives of many police forces said, the first step in addressing coercive control is to include it in the Criminal Code so that police have the tools they need. Otherwise, it is too difficult for them to act or to be proactive and act sooner. That is what this does. Recognizing coercive control means recognizing that there are warning signs and that police need be able to intervene much sooner. In order to achieve that, we need to criminalize this behaviour and listen to victims.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, in the last four months of 2026, Quebec has mourned 10 victims of femicide. This number rivals the annual average for the past decade. That is horrific. I hope that my colleague on the other side of the House is aware of that, because these are tragedies. This is really an unacceptable number of domestic tragedies.

I find the increase extremely alarming, perhaps more so than my colleague across the way. Advocacy and civil society groups are reacting the same way, because at this rate, 2026 could exceed the record 16 femicides committed in 2021. We do not want that. Words matter here: “Femicide” is not a trivial matter; it is a serious societal issue.

Bill C-16, an act to amend certain acts in relation to criminal and correctional matters with regard to child protection, gender-based violence, delays and other measures, has reached third reading. As my colleague mentioned earlier, this bill amends the Criminal Code to create a new offence that prohibits engaging in a pattern of coercive or controlling conduct toward an intimate partner. It also provides that murder known as femicide when committed against a female person is first degree murder in any of the following circumstances: the murder is committed against an intimate partner in the context of a pattern of controlling or coercive behaviour; the murder is committed in the context of domestic violence; the murder is committed in the context of human trafficking; or the murder is motivated by hatred. Now is the time to say enough is enough: no more femicide.

The Bloc Québécois will continue to support the bill. Obviously, we do have some reservations. I still think that Bill C-16 represents a very significant step forward in protecting people from intimate partner violence and sexual offences. The Bloc Québécois strongly supports the changes regarding court delays, specifically the issue of mistrials. We support the new Criminal Code offence of recruiting a young person to commit a crime, the introduction of a safety valve for minimum sentences, and the strengthening of the Criminal Code provisions regarding harassment and sexual violence, which primarily affect women.

As I said earlier, the committee study of Bill C‑16 took place despite the deliberate attempts by our Conservative colleagues to do what they think is their duty. Unfortunately, partisanship is leading to attempts to obstruct our work. By introducing a litany of amendments that are clearly beyond the scope of the bill, our colleagues in the official opposition engaged in a series of delay tactics. Some were posted on social media for purely partisan purposes, effectively turning the committee's work into an election platform. What else can we expect from them? Sometimes I wonder if they even care about being constructive.

Despite it all, the work got done and that was in large part thanks to my colleagues from Rivière-du-Nord and Shefford. Protection for the loved ones of victims of coercive control has been expanded to even include pets. That is a good thing. It is good news. An aggravated sentence was also created for the non-consensual distribution of intimate images when the image was produced in the context of aggravated sexual assault.

Two decisions made at committee leave gaps that warrant attention because they make the bill less coherent and could jeopardize the safety of the very people that Bill C‑16 seeks to protect. Let me come back to the non-consensual distribution of intimate images when the image was produced in the context of aggravated sexual assault.

During the 43rd Parliament, I served as the vice‑chair of the Standing Committee on Access to Information, Privacy and Ethics. We conducted a study on the online pornography giant Pornhub. I watched hundreds of hours of pornographic content depicting women being filmed against their will while engaging in sexual acts, whether consensual or not. These women did not even know they were being filmed, let alone that the footage would end up online.

As a mother of two young adults, I cannot tolerate the fact that there are brutes, people with no sense of decency, who seriously film videos of these women, and men too, without their consent during sexual acts. Imagine how that can destroy a person's life, career, family and self-confidence at an age when people are still developing as human beings, when they are building their self-confidence. Let me be clear: Committing such an act against people aged 37, 45 or 75 is just as reprehensible and must be deemed both criminally and ethically unacceptable.

Our society is changing, our mores are changing and our means of communication are changing. I am terrified that this could happen to any of us these days, and with complete impunity. We must act now, through other means that can address certain shortcomings.

Let us take care of ourselves, and let us ensure that justice is done.

[Marianne Dandurand, Liberal, Compton—Stanstead, QC]

Mr. Speaker, I really appreciated my colleague's speech, particularly her comments on how things went at committee. I think she gave a very good description of the situation. It is an urgent problem, one that we are taking seriously.

Given the seriousness with which this matter must be addressed, what does she think is most important in the short term?

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, I understand that there is some parliamentary gamesmanship going on. There are procedures that can be used to carry out or slow down our processes, but I implore my colleagues to realize that, on some issues, there is no room for partisanship. I am telling all members of the House that when it comes to issues like safety, crime or even medical assistance in dying, we must set partisanship aside and put people at the centre of our decisions.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I was really disappointed to hear, this evening, that Bill C‑9 passed thanks to a deal between the government and the Bloc Québécois. In my view, that is not fair. That is not really how we should be making laws.

I want to know whether my colleague thinks that this is really how she wants laws to be created here, that is, with deals, agreements and bartering, instead of being transparent with Canadians.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, I was just talking about partisanship.

Partisanship has its limits. Not agreeing with a decision or voting nay is one thing. In my opinion, however, using social media as an election platform is unacceptable. I do not even want to know how much money was raised.

Ultimately, what this shows is a lack of seriousness. We may think of ourselves as seasoned parliamentarians representing our constituents, but I am sorry, people are forgetting the essence of what it is to be human.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, it is true that committee members worked as non-partisanly as possible. In the course of our other proceedings, members of various parties asked questions of the victims and the witnesses who appeared. Incidentally, as part of other studies, we asked people whether Bill C‑16 should be passed.

Everyone we heard from asked us to vote in favour of Bill C‑16 and explained to us why it is such a huge step forward.

I would like to point out another step forward. During the previous Parliament, the Bloc Québécois introduced a bill to address the impact of the Jordan decision on court delays. Bill C‑16 addresses this issue too.

In this case as well, to avoid further delays in the court system, the government must seriously consider providing the provinces and Quebec with additional resources so they can administer this new legislative framework properly.

What are my colleague's thoughts on that?

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, again, this is about implementing and enforcing laws—

[Some hon. members]

Oh, oh!

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

I think I am bothering some people in the House, Mr. Speaker. I was talking about my colleague across the way. He is coming back and bothering us. It is 10:30 p.m. We are tired.

Seriously, we are talking about respect and dignity for women, and that is what we are doing tonight. I think some of my colleagues need some interpretation, because they are not understanding what I am saying at all.

In short, the provinces and Quebec should be getting all the resources they need to implement these measures to ensure the respect, dignity and safety of women.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is a pleasure to be able to rise and address the House of Commons this evening.

It is interesting, because I was actually looking forward to asking my friend, the member for Oxford, a question.

[Arpan Khanna, Conservative, Oxford, ON]

Any time.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, he says “any time”, which is not really true.

We were having this healthy debate on Bill C-20. Remember, that is the debate the Conservatives were crying about because they wanted more time to speak to it. Do members remember that?

The member for Oxford, as he was concluding and I was all ready to ask a question, moved a motion to adjourn debate. It was truly amazing. I do not think the House leadership really understood what was taking place. Let us think about this. For the first time in years, the Conservative Party actually voted just a few hours earlier to say it was okay for the House to sit until midnight. The Conservatives made that decision. They voted in favour of the House sitting until midnight.

What did they do two hours or three hours later? The member for Oxford stood up—

[The Assistant Deputy Speaker, John Nater]

The hon. member for Leduc—Wetaskiwin is rising on a point of order.

[Mike Lake, Conservative, Leduc—Wetaskiwin, AB]

Mr. Speaker, it is an ironic debate. I do not think we have quorum, because there are not very many of his colleagues around.