Bill C-75 An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

Bill C-75 If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca. First Reading Second Reading Third Reading Royal Assent LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Criminal Code1 Criminal Code1 Amendments to the Act1 Amendments to the Act354 Transitional Provisions354 Transitional Provisions361 Youth Criminal Justice Act361 Youth Criminal Justice Act361 Amendments to the Act361 Amendments to the Act384 Transitional Provision384 Transitional Provision385 Controlled Drugs and Substances Act385 Controlled Drugs and Substances Act386 An Act to amend the Criminal Code (exploitation and trafficking in persons)386 An Act to amend the Criminal Code (exploitation and trafficking in persons)387 Consequential Amendments387 Consequential Amendments387 Competition Act387 Competition Act388 Identification of Criminals Act388 Identification of Criminals Act389 Parliament of Canada Act389 Parliament of Canada Act391 Supreme Court Act391 Supreme Court Act392 Customs Act392 Customs Act393 Mutual Legal Assistance in Criminal Matters Act393 Mutual Legal Assistance in Criminal Matters Act394 Corrections and Conditional Release Act394 Corrections and Conditional Release Act396 Contraventions Act396 Contraventions Act399 Crimes Against Humanity and War Crimes Act399 Crimes Against Humanity and War Crimes Act400 Species at Risk Act400 Species at Risk Act400.1 Cannabis Act400.1 Cannabis Act401 Coordinating Amendments401 Coordinating Amendments405 Coming into Force405 Coming into Force First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 STATUTES OF CANADA 2019 CHAPTER 25 An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts ASSENTED TO June 21, 2019 BILL C-75 SUMMARY This enactment amends the Criminal Code to, among other things, (a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner; (b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required; (c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice; (d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing; (e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry; (f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months; (g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding; (h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and (i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.

Justice committee  That is the issue, and that is what is so concerning when we're talking about offences such as impaired driving causing bodily harm, kidnapping a minor, arson for fraudulent purposes, and I could go on. I want to ask you, Madam Minister, about some of the choices that were made in terms of listing, through Bill C-75, offences as hybrid offences.

Edson Mosque  Speaker, Albertans and all Canadians are standing in solidarity today with members of the Muslim community following a cowardly and appalling act of arson against the Edson mosque. An attack on any place of worship is an attack on the entire faith community. For this attack to come so quickly after the end of the holy month of Ramadan makes it all the more heinous.

Criminal Code  Bill C-75 proposes to restrict the availability of preliminary inquiries to offences liable to life imprisonment, such as murder, kidnapping, or arson. By limiting the availability of preliminary inquiries to the most serious offences, it will limit the impact on many witnesses and victims from having to testify twice. The committee also recommended that court time spent dealing with the administration of justice offences be reduced, as well as ensuring that conditions of release for the accused serve to protect the public.

Criminal Code  Let me list some other offences: receiving a material benefit associated with trafficking; withholding or destroying documents associated with trafficking; abduction of a person under 16; abduction of a person under 14; material benefit from sexual services; forced marriage; polygamy; marriage under age of 16 years; advocating genocide; arson for fraudulent purposes; participating in activities of criminal organizations. We have a great deal of discussion about the government's feminist agenda, and yet on some of these crimes, such as forced marriage or polygamy, crimes that very often involve an abusive situation targeting young women, the government is reducing sentencing that targets those who commit those kinds of crimes.

National Security Act, 2017  There is actually quite a long list of attacks that were carried out by them. In the 1920s, we had a bombing and arson campaign here in Canada by the Freedomites, also called the Svobodniki, which were Russian-inspired terrorist cells. It was a terrorist network that undertook violence on a large scale for political goals.

Justice  I am concerned about the number of very serious offences that would now be eligible for much lighter sentences, or even simply fines. These offences include acts related to terrorism; assault; impaired driving; arson; human trafficking; and infanticide, the killing of infants. These lower sentences send the wrong messages to criminals, victims, law-abiding Canadians, and society. When virtue takes a back seat to lawlessness, Canadians rely on a strong justice system.

Criminal Code  These include participating in a terrorist group; impaired driving causing bodily harm; kidnapping a minor; possessing stolen property over $5,000, which is a huge concern in my rural riding; participating in activities of a criminal organization; municipal corruption or influencing a municipal official; committing infanticide; extortion by libel; advocating genocide; arson for fraudulent purpose; advertising and dealing in counterfeit money; and many more. There are a lot of serious crimes in here that are going to change. Many of these crimes are classified as indictment-only for a reason.

Justice committee  That's true: prosecutors would have the discretion through the hybridization. When would circumstances warrant going by way of summary conviction for, I don't know, arson for fraudulent purposes, for example?

Justice committee  I have to say that I think a lot of Canadians would be very surprised and couldn't think of any circumstances, whether they be for arson for fraudulent purposes, or participating in a terrorist organization, or kidnapping a minor, or advocating genocide, or perhaps material benefit from sexual services, in which any of those offences and a whole list of others would be suitable for prosecution by way of summary conviction, to go from a maximum sentence of 10 years to something as low as a mere fine.

Criminal Code  Individuals who are convicted of offences ranging from promoting terrorism to kidnapping a minor to arson for fraudulent purposes to impaired driving causing bodily harm could get away with, literally, a fine, thanks to the minister. What part about sentencing does the minister not understand when she is watering down sentences from up to 10 years behind bars to two years less a day?

Rural Crime  Rural property crimes, including thefts of property and motor vehicles, mischief, break and enter, and arson, increased over the last two years as well. These increases must be addressed quickly and effectively. If passed, Motion No. 167 and the information and recommendations resulting from the review could provide invaluable support not only for Saskatchewan but also for the entirety of Canada.

Criminal Code  We are talking about participating in a terrorist organization, impaired driving causing bodily harm, kidnapping a minor, forced marriage, polygamy, or arson for fraudulent purposes. Do those not sound like serious offences? The minister said that she was doing this so the serious cases could go to superior courts. I have news for the minister.

Criminal Code  Some of the offences included, but not limited to, are participation in the activity of a terrorist group, leaving Canada to participate in the activity of a terrorist group, punishment of a rioter, concealment of identity, breach of trust, municipal corruption, selling or purchasing office, influencing or negotiating appointments or dealing in offices, prison breach, assisting prisoners of war to escape, obstructing or violence to or arrest of officiating clergyman, causing bodily harm by criminal negligence, impaired driving causing bodily harm, failure or refusal to provide blood samples, trafficking, withholding or destroying documents, abduction of a person under the age of 16 as well as abduction of a person under the age of 14, forced marriage, marriage under 16 years of age, advocating genocide, arson for fraudulent purposes, and participation in the activities of a criminal organization. Just reading this list is mind-boggling. Offering a judge of the courts the option of lighter sentences or even fines will inevitably result in lenient sentences for some very dangerous crimes.

Criminal Code  Among the offences the government is watering down are participation in a terrorist organization, the kidnapping of a minor, arson for fraudulent purposes, and impaired driving causing bodily harm. Is the minister saying that terrorists, kidnappers, arsonists, and impaired drivers are not serious criminals?