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)

Short Title Short title 1 This Act may be cited as the Protecting Victims Act . R.S., c. C- 46 Criminal Code Amendments to the Act 2 (1) The Criminal Code is amended by adding the following after section 3: Violence in commission of offence, including against intimate partner 3.01 (1) In a provision listed in subsection (2), a reference to an offence in the commission of which violence is used, threatened or attempted against any person or class of persons includes a reference to any of the following offences: (a) an offence that is of a sexual nature or that is committed for a sexual purpose; (b) an offence under section 264 (criminal harassment); (c) an offence under section 279.01 (trafficking in persons); (d) an offence under section 279.011 (trafficking of a person under the age of 18 years). Provisions (2) Subsection (1) applies with respect to (a) subsection 109(1); (b) subsections 110(1) and (2.1); (c) subsections 515(3), (4.1), (4.3) and (6); (d) subsection 718.3(8); (e) section 726.21; and (f) subsection 810.03(4). (2) Subsection 3.01(1) of the Act is amended by adding the following after paragraph (b): (b.1) an offence under section 264.01 (coercion or control of intimate partner); 3 Subsection 7(4.1) of the Act is replaced by the following: Offence in relation to sexual offences against children (4.1) Despite anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a person who is under the age of 18, that, if committed in Canada, would be an offence under section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2, 173, 271, 272 or 273 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act . 3. 1 The Act is amended by adding the following after section 11: Non-disclosure agreement — no effect 11. 1 For greater certainty, no agreement may prevent or restrict a person from disclosing any information that relates to the commission of an offence to a police officer. 4 Paragraph 109(1)(b) of the Act is replaced by the following: (b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.1(1) (possession of computer data), 102.1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment) or 264.01 (coercion or control of intimate partner), 5 Subsection 113(4) of the Act is amended by replacing “subsection 810(3)” with “section 810 or 810.03”. 6 Section 150 of the Act is amended by adding the following in alphabetical order: sexual organs  includes genital organs , breasts that are or appear to be female breasts and the anal region; ( organes sexuels ) 7 Subsection 150.1(5) of the Act is replaced by the following: Idem (5) It is not a defence to a charge under section 153, 170, 171, 172 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant. 8 The portion of section 151 of the French version of the Act before paragraph (a) is amended by replacing “ à des fins d’ordre sexuel ” by “ dans un but sexuel ”. 9 The portion of section 152 of the Act before paragraph (a) is replaced by the following: Invitation to sexual touching or exposure 152 (1) Every person commits an offence who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to (a) touch, directly or indirectly, with a part of the body or with an object, their own body, the body of the person who so invites, counsels or incites or the body of any other person; or (b) expose their own sexual organs. Punishment (2) Every person who commits an offence under subsection (1) 10 (1) Paragraph 153(1)(a) of the French version of the Act is replaced by the following: a) dans un but sexuel, touche, directement ou indirectement, avec une partie de son corps ou avec un objet, une partie du corps de l’adolescent; (2) Subsection 153(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) by the following: (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, their own body, the body of the person who so invites, counsels or incites or the body of any other person; or (c) for a sexual purpose, invites, counsels or incites the young person to expose their own sexual organs. 11 The portion of subsection 153.1(1) of the Act before paragraph (a) is replaced by the following: Sexual exploitation of person with disability 153.1 (1) Every person commits an offence who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to, without that person’s consent, (a) touch their own body, the body of the person who so counsels or incites or the body of any other person, directly or indirectly, with a part of the body or with an object; or (b) expose their own sexual organs. Punishment (1.1) Every person who commits an offence under subsection (1) is guilty of 12 (1) Section 160 of the Act is amended by adding the following after subsection (3): Representation of bestiality (3.1) Every person commits an offence who knowingly publishes, distributes, transmits, sells, makes available or advertises any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality. Defence of public good (3.2) No person shall be convicted of an offence under subsection (3.1) if the conduct that forms the subject-matter of the charge served the public good and did not extend beyond what served the public good. Question of law and fact, motives (3.3) For the purposes of subsection (3.2), (a) it is a question of law whether the conduct served the public good and whether there is evidence that the conduct alleged went beyond what served the public good, but it is a question of fact whether the conduct did or did not extend beyond what served the public good; and (b) the motives of the accused are irrelevant. Punishment — representation of bestiality (3.4) Every person who commits an offence under subsection (3.1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction. (2) The portion of subsection 160(4) of the Act before paragraph (a) is replaced by the following: Order of prohibition or restitution (4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3) and (3.4), 13 (1) The portion of subsection 161(1) of the Act before paragraph (a.1) is replaced by the following: Order of prohibition 161 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 18 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from (a) attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre; (2) Paragraphs 161(1)(b) and (c) of the Act are replaced by the following: (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 18 years; (c) having any contact — including communicating by any means — with a person who is under the age of 18 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or (3) Paragraph 161(1.1)(a) of the Act is replaced by the following: (a) an offence under section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2); 14 (1) Paragraphs 162(1)(a) and (b) of the Act are replaced by the following: (a) the person is in a place in which a person can reasonably be expected to be nude or nearly nude , to expose their sexual organs or to be engaged in explicit sexual activity; (b) the person is nude, is nearly nude , is exposing their sexual organs, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or (2) Paragraph 162(5)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or 15 (1) Paragraph 162.1(1)(a) of the Act is replaced by the following: (a) of an indictable offence and liable to imprisonment (i) for a term of not more than 10 years, or (ii) for a term of not more than 14 years if the accused knew or ought to have known that, at the time the intimate image was made, aggravated sexual assault was being, or had just been, committed against the person depicted in the image; or (2) Subsection 162.1(2) of the Act is replaced by the following: Threat to publish, etc. (1.1) Everyone who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that the person depicted in the image would not give their consent to that conduct, or being reckless as to whether or not that person would give their consent to that conduct, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) guilty of an offence punishable on summary conviction. Definition of intimate image (2) In this section, intimate image means (a) a visual recording of a person made by any means including a photographic, film or video recording, (i) in which the person is nude, is nearly nude , is exposing their sexual organs or is engaged in explicit sexual activity, (ii) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy, and (iii) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed; or (b) a visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software , and that shows an identifiable person who is 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. 16 Subsection 162.2(1) of the Act is replaced by the following: Prohibition order 162.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under subsection 160(3.1) or section 162.1, the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court. 17 (1) Subparagraph 163.1(1)(a)(ii) of the Act is replaced by the following: (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a person under the age of eighteen years; (2) Section 163.1 of the Act is amended by adding the following after subsection (4.2): Threat to publish, etc. (4.21) Every person who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise any child sexual abuse and exploitation material (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. 18 (1) Subsections 164(1) to (5) of the Act are replaced by the following: Warrant of seizure 164 (1) A judge may issue a warrant authorizing seizure of copies of any material — including a recording, publication or written material, or representation — if the judge is satisfied by information on oath that there are reasonable grounds to believe that (a) the material is illicit material; and (b) copies of the material are kept in premises within the jurisdiction of the court and, in the case of material alleged to be illicit material described in any of paragraphs (a) to (d) of the definition of that term in subsection (8), are so kept for sale or distribution. Summons to occupier (2) Within seven days of the day on which the warrant is issued, the judge shall issue a summons to the occupier of the premises requiring them to appear before the court and show cause why the seized thing should not be forfeited to His Majesty. Owner and maker may appear (3) The owner and the maker of the seized thing that is alleged to be illicit material may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the thing. Order of forfeiture (4) If the court is satisfied, on a balance of probabilities, that the seized thing is illicit material, it may make an order declaring the thing to be forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct. Restoration (5) If the court is not satisfied that the seized thing is illicit material, it shall order that the thing be restored to the person from whom it was seized without delay after the time for final appeal has expired. (2) Subsection 164(7) of the Act is replaced by the following: Consent (7) If an order is made under this section by a judge in a province with respect to one or more copies of any material, no proceedings shall be instituted or continued in that province under subsection 160(3.1) or section 162, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same material without the consent of the Attorney General. (3) The definitions advertisement for conversion therapy , advertisement of sexual services , intimate image and voyeuristic recording in subsection 164(8) of the Act are repealed. (4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order: illicit material  means (a) any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality , as defined in subsection 160(7), (b) a visual recording , as defined in subsection 162(2), that is made as described in subsection 162(1), (c) an intimate image , as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, (d) a publication that is obscene, within the meaning of subsection 163(8), (e) child sexual abuse and exploitation material , as defined in subsection 163.1(1), (f) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4, or (g) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; ( matériel illicite ) 19 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following: Warrant of seizure — material on computer system 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that material, consisting of illicit material or of computer data that makes illicit material available, is stored on and made available through a computer system that is within the jurisdiction of the court, the judge may order the custodian of the computer system to (2) Subsection 164.1(5) of the Act is replaced by the following: Order (5) If the court is satisfied, on a balance of probabilities, that the material is illicit material or computer data that makes illicit material available, it may order the custodian of the computer system to delete the material. Order — intimate image (5.1) If the illicit material is an intimate image , as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, the court must order the custodian of the computer system to delete the material within 48 hours after the order is made. (3) Subsections 164.1(7) and (8) of the Act are replaced by the following: Return of material (7) If the court is not satisfied that the material is illicit material or computer data that makes illicit material available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order made under paragraph (1)(b). Other provisions to apply (8) Subsections 164(6) and (7) apply, with any modifications that the circumstances require, to this section. (4) Section 164.1 of the Act is amended by adding the following after subsection (9): Definitions (10) In this section, computer data and computer system have the same meanings as in subsection 342.1(2) and court , illicit material and judge have the same meanings as in subsection 164(8). 20 The Act is amended by adding the following after section 169: Recruitment — young person 169.1 (1) Every person is guilty of an offence who — being in a position of trust, power or authority towards a young person and knowing that the young person is under 18 years of age or being reckless as to that fact — recruits, counsels, encourages or invites the young person to be a party to an offence under this Act or the Controlled Drugs and Substances Act if the young person is afterwards a party to that offence or an offence related to that offence. Position of trust, power or authority (2) For the purposes of subsection (1), a person is considered to be in a position of trust, power or authority towards a young person by reason, among others, of being 18 years of age or more. No defence (3) It is not a defence to a charge under subsection (1) that the accused believed that the young person was at least 18 years of age unless the accused took reasonable steps to ascertain the age of the young person. Punishment (4) Every person who commits an offence under subsection (1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) guilty of an offence punishable on summary conviction. Definition of young person (5) In this section, young person means a person under the age of 18 years. 21 (1) Subparagraph 171.1(5)(a)(ii) of the Act is replaced by the following: (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s sexual organs; (2) Paragraphs 171.1(5)(b) and (c) of the Act are replaced by the following: (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity involving a person; or (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity involving a person. (3) Section 171.1 of the Act is amended by adding the following after subsection (5): For greater certainty (6) For greater certainty, a reference to sexual activity in subsection (5) includes a reference to an act of bestiality , as defined in subsection 160(7). 22 Paragraph 172.1(1)(a) of the Act is replaced by the following: (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or the commission of an offence with respect to that person under section 346 of a sexual nature or for a sexual purpose; 23 (1) The portion of subsection 173(2) of the Act before paragraph (a) is replaced by the following: Exposure (2) Every person who, in any place, for a sexual purpose, exposes their sexual organs to a person who is under the age of 16 years (2) Paragraph 173(2)(a) of the Act is amended by replacing “a term of not more than two years” with “a term of not more than 10 years”. (3) Paragraph 173(2)(b) of the Act is amended by replacing “a term of not more than six months” with “a term of not more than two years less a day”. 24 (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxvii): (xxvii.01) subsection 160(3.1) (representation of bestiality), (2) Subparagraph (a)(xxvii.2) of the definition offence in section 183 of the Act is replaced by the following: (xxvii.2) subsection 162.1(1) (intimate image — publication, etc.), (xxvii.3) subsection 162.1(1.1) (intimate image — threat to publish, etc.), (3) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxix): (xxix.01) section 169.1 (recruitment — young person), (4) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.2): (xxxix.3) section 264 (criminal harassment), (5) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.3): (xxxix.4) section 264.01 (coercion or control of intimate partner), 25 Subsection 231(6) of the Act is replaced by the following: Femicide, including of intimate partner, and other aggravated circumstances (5.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person (a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner; (b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04; (c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or (d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. Criminal harassment (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 (criminal harassment) with intent to cause the victim to believe that the victim’s physical or psychological safety, or the physical or psychological safety of anyone known to the victim, is threatened. 26 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following: Femicide, including of intimate partner, and other aggravated circumstances (2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter (a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner; (b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04; (c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or (d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. 27 (1) Subsection 264(1) of the Act is replaced by the following: Criminal harassment 264 (1) Everyone commits an offence who, with intent to harass another person or knowing that , or being reckless as to whether, they would be harassing another person, engages without lawful authority in conduct referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened. (2) The portion of subsection 264(2) of the Act before paragraph (a) is replaced by the following: Prohibited conduct (2) The conduct mentioned in subsection (1) consists of doing any of the following in person, by a means of telecommunication or by any other means: (3) Subsection 264(2) of the Act is amended by adding the following after paragraph (a): (a.1) monitoring the location, movements, actions or social interactions of the other person or of anyone known to them; (4) Paragraph 264(2)(d) of the Act is replaced by the following: (d) engaging in threatening conduct directed at the other person or at anyone or any animal known to them. (5) Subsection 264(3) of the English version of the Act is replaced by the following: Punishment (3) Every person who commits an offence under this section is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) guilty of an offence punishable on summary conviction. (6) Paragraph 264(4)(a) of the Act is replaced by the following: (a) the terms or conditions of an order made under section 161 or a recognizance entered into under section 810, 810.03, 810.1 or 810.2; or (7) Section 264 of the Act is amended by adding the following after subsection (5): For greater certainty (6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety. 28 The Act is amended by adding the following after section 264: Coercion or control of intimate partner 264.01 (1) Everyone commits an offence who engages in a pattern of coercive or controlling conduct referred to in subsection (2), with intent to cause their intimate partner to believe that the intimate partner’s safety is threatened or knowing that, or being reckless as to whether, the pattern of coercive or controlling conduct would cause their intimate partner to believe that the intimate partner’s safety is threatened. Pattern of coercive or controlling conduct (2) A pattern of coercive or controlling conduct consists of any combination, or repeated instances, of any of the following acts: (a) using, attempting to use or threatening to use violence against (i) the intimate partner, (ii) any person under the age of 18 who is the intimate partner’s child or who is in the intimate partner’s lawful care or charge, (iii) any other person known to the intimate partner, or (iv) any animal that is known to the intimate partner; (b) coercing or attempting to coerce the intimate partner to engage in sexual activity; (c) engaging in any other conduct — including conduct listed in any of the following subparagraphs — if, in all the circumstances, the conduct could reasonably be expected to cause the intimate partner to believe that the intimate partner’s safety, or the safety of anyone known to them, is threatened: (i) controlling, attempting to control or monitoring the intimate partner’s location, movements, actions or social interactions, including by a means of telecommunication, (ii) controlling or attempting to control the manner in which the intimate partner cares for any person under the age of 18 referred to in subparagraph (a)(ii) or any animal referred to in subparagraph (a)(iv), (iii) controlling or attempting to control any matter related to the intimate partner’s employment or education, (iv) controlling or attempting to control the intimate partner’s finances or other property or monitoring their finances, (v) controlling or attempting to control the intimate partner’s expression of gender, physical appearance, manner of dress, diet, taking of medication or access to health services or to medication, (vi) controlling or attempting to control the intimate partner’s expression of their thoughts, their opinions, their religious, spiritual or other beliefs, or their culture, including the intimate partner’s use of their language or their access to their linguistic, religious, spiritual or cultural community, (vii) threatening to die by suicide or to self-harm, or (viii) damaging, or threatening or attempting to damage, the intimate partner’s property or the property of anyone known to them. Circumstances (3) The circumstances referred to in paragraph (2)(c) include the nature of the relationship between the accused and the intimate partner, in particular whether the intimate partner is in a position of vulnerability in relation to the accused and whether the accused manipulated the intimate partner by targeting their vulnerabilities. Punishment (4) Everyone who commits an offence under this section is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) guilty of an offence punishable on summary conviction. For greater certainty (5) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety. 29 Paragraph 271(b) of the Act is amended by replacing “18 months” by “two years less a day”. 30 The Act is amended by adding the following after section 275: Admissibility of Sexual Activity Evidence 31 (1) The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following: Evidence of complainant’s sexual activity 276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 or any other offence under this Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant (2) Subsection 276(2) of the Act is replaced by the following: Conditions for admissibility (2) In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused or with any other person, shall not be adduced unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.01, 276.02 , 276.06, 276.1, 278.3 and 278.35, as the case may be, that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and (a) if sought to be adduced by or on behalf of the accused, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; or (b) if sought to be adduced by or on behalf of the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of justice. (3) Subsection 276(4) of the French version of the Act is replaced by the following: Précision (4) Il est entendu que, pour l’application du présent article, activité sexuelle s’entend notamment de toute communication effectuée dans un but sexuel ou dont le contenu est de nature sexuelle. (4) Section 276 of the Act is amended by adding the following after subsection (4): For greater certainty (5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity. 32 The Act is amended by adding the following after section 276: Procedure for Accused Application for hearing 276.01 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.02 to determine whether evidence is admissible under subsection 276(2). Form and content (2) The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the clerk of the court. Jury and public excluded (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded. Hearing (4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2). Copy to complainant (5) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused. Hearing — jury and public excluded 276.02 (1) The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2). Complainant not compellable (2) The complainant is not a compellable witness at the hearing but may appear and make submissions. Right to counsel (3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel. Determination and reasons (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Record of reasons (5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing. Publication prohibited 276.03 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 276.01(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.01(1) or at a hearing under section 276.02; (c) the decision of a judge, provincial court judge or justice under subsection 276.01(4), unless the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; (d) the determination made and the reasons provided under subsection 276.02(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Instruction to jury — use of evidence 276. 04 If evidence is admitted at trial on the basis of a determination made under subsection 276.02(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 276. 05 For the purposes of sections 675 and 676, a determination made under subsection 276.02(4) is deemed to be a question of law. Procedure for Prosecutor Application 276.06 (1) Application may be made to the judge, provincial court judge or justice by the prosecutor to determine whether evidence is admissible under subsection 276(2). Form and content (2) The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial. Clarification (3) The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history, any transcript from any preliminary inquiry or any sworn police statement. Copy of the application (4) A copy of the application must be given to the accused and filed with the clerk of the court at least 60 days before the hearing or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice. Jury and public excluded (5) The jury and the public shall be excluded from the hearing. Complainant not compellable (6) The complainant is not a compellable witness at the hearing. Determination and reasons (7) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Record of reasons (8) The reasons provided under subsection (7) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing. Publication prohibited 276.07 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 276.06(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.06(1) or at a hearing under section 276.06; (c) the determination made and the reasons provided under subsection 276.06(7), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Instruction to jury — use of evidence 276. 08 If evidence is admitted at trial on the basis of a determination made under subsection 276.06(7), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 276. 09 For the purposes of sections 675 and 676, a determination made under subsection 276.06(7) is deemed to be a question of law. Joint Application Admissibility of sexual activity evidence 276.1 (1) The prosecutor, the accused and the complainant may jointly apply to the judge, provincial court judge or justice for a determination as to whether any evidence referred to in subsection 276(1) is admissible under subsection 276(2) without holding a hearing under section 276.02. Form and content (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and (a) the relevance of that evidence to an issue at trial; (b) how the conditions for admissibility referred to in subsection 276(2) are satisfied; and (c) any information the applicants consider necessary to assist the judge, provincial court judge or justice when the judge, provincial court judge or justice takes into account the factors referred to in subsection 276(3). Copy to clerk (3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial. Determination and reasons (4) The judge, provincial court judge or justice shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Power to grant application or hold hearing (5) If the judge, provincial court judge or justice is satisfied that the evidence of sexual activity is admissible under subsection 276(2), taking into account the factors set out in subsection 276(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2). Use of evidence (6) If evidence of sexual activity is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that evidence. For greater certainty (7) For greater certainty, the complainant has the right to be represented by counsel. Publication prohibited 276.11 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 276.1(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.1(1); (c) the determination made and the reasons provided under section 276.1, unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Instruction to jury — use of evidence 276. 12 If evidence is admitted at trial on the basis of a determination made under subsection 276.1(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 276. 13 For the purposes of sections 675 and 676, a determination made under subsection 276.1(4) or (5) is deemed to be a question of law. Reputation Evidence 33 The Act is amended by adding the following after section 277: Spouse May Be Charged 34 Sections 278.1 to 278.97 of the Act are replaced by the following: Production and Admissibility of Records and Therapeutic Records Definitions Definitions 278. 1 The following definitions apply in sections 278.11 to 278.36. record  means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence. ( dossier ) therapeutic record  means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. ( dossier thérapeutique ) Production to Accused of Records and Therapeutic Records in the Possession of Third Party Records and therapeutic records possessed by third party 278.11 (1) Except in accordance with sections 278.12 to 278.19, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of a third party shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose; (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Definition of third party (2) In subsection (1), third party means a person other than the prosecutor or the accused. Application for production 278.12 (1) An accused who seeks production of a record or therapeutic record referred to in section 278.11 must make an application for its production to the judge before whom the accused is to be, or is being, tried. No application in other proceedings (2) For greater certainty, the application referred to in subsection (1) must not be made to a judge, provincial court judge or justice presiding at any other proceedings, including a preliminary inquiry. Form and content (3) The application must be made in writing and must set out (a) particulars identifying the record or the therapeutic record that the accused seeks to have produced and the name of the person who has possession or control of it; (b) in the case of a record, the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and (c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt. Insufficient grounds (4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt: (a) that the record or therapeutic record exists; (b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings; (d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness; (e) that the record or therapeutic record may relate to the credibility of the complainant or witness; (f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused; (h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused; (i) that the record or therapeutic record relates to the presence or absence of a recent complaint; (j) that the record or therapeutic record relates to the complainant’s sexual reputation; (k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused. Service of application and subpoena (5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record or therapeutic record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 278.13(1) or within any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record or therapeutic record at the same time as the application is served. Service on other persons (6) The judge may at any time order that the application be served on any person to whom the judge considers the record or therapeutic record may relate. Service on complainant (7) The service requirement on the accused in subsection (5) is not fulfilled if the accused personally serves the application or a subpoena on the complainant. Hearing in camera 278.13 (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the court for review by the judge. Persons who may appear at hearing (2) The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing. Right to counsel (3) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel. Costs (4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing. Order — production to judge 278.14 (1) The judge may order the person who has possession or control of the record or therapeutic record to produce it, or any part of it, to the court for review by the judge if, after the hearing referred to in section 278.13, the judge is satisfied that (a) the application was made in accordance with subsections 278.12(2) to (6); (b) in the case of a record, the accused has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in case of a therapeutic record, the accused has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt; and (c) the production of all or any part of the record or therapeutic record is necessary in the interests of justice. Factors to be considered (2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the judge shall take the following factors into account: (a) the extent to which the record or therapeutic record is necessary for the accused to make a full answer and defence; (b) the probative value of the record or therapeutic record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record; (d) whether production of the record or therapeutic record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates; (f) society’s interest in encouraging the reporting of sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of the trial process. Review of record by judge 278.15 (1) If the judge has ordered the production of the record or therapeutic record, or part of it, for review, the judge shall review it, or the part of it, in the absence of the parties in order to determine whether the record or therapeutic record, or the part, should be produced to the accused. Hearing in camera (2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination. Provisions that apply to hearing (3) Subsections 278.13(2) to (4) apply in the case of a hearing under subsection (2). Order — Production of record to accused 278.16 (1) If the judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of justice, the judge may order that the record, or the part, that is likely relevant be produced to the accused, subject to any conditions that may be imposed under subsection (4). Order — Production of therapeutic record to accused (2) If the judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused’s guilt and that is not available from any other source, the judge may order that the therapeutic record, or the part, be produced to the accused, subject to any conditions that may be imposed under subsection (4). Factors to be considered (3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in paragraphs 278.14(2)(a) to (h) into account. Conditions (4) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions: (a) that the record or therapeutic record be edited as directed by the judge; (b) that a copy of the record or therapeutic record, rather than the original, be produced; (c) that the accused and counsel for the accused not disclose the contents of the record or therapeutic record to any other person, except with the approval of the court; (d) that the record or therapeutic record be viewed only at the offices of the court; (e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and (f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record. Copy to prosecutor (5) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge shall direct that a copy of the record or therapeutic record, or the part, be provided to the prosecutor, unless the judge determines that it is not in the interests of justice to do so. Restriction on use (6) The record or therapeutic record, or the part of it, that is produced to the accused under an order under subsection (1) must not be used in any other proceedings. Retention by court (7) If the judge refuses to order the production of the record or therapeutic record, or part of it, to the accused, the record or therapeutic record, or the part, must, unless a court orders otherwise, be kept in a sealed package by the court until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused, at which time the record or therapeutic record, or the part, must be returned to the person lawfully entitled to possession or control of it. Reasons for decision 278.17 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or therapeutic record, or part of it, under subsection 278.14(1) or 278.16(1) or (2). Record of reasons (2) The reasons provided under subsection (1) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing. Publication prohibited 278.18 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 278.12(1); (b) any evidence taken, information given or submissions made at a hearing under subsection 278.13(1) or 278.15(2); (c) the determination of the judge under subsection 278.14(1) or 278.16(1) or (2) and the reasons provided under section 278.17, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record or therapeutic record relates, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Appeal 278. 19 For the purposes of sections 675 and 676, a determination to make or refuse to make an order under subsection 278.14(1) or 278.16(1) or (2) is deemed to be a question of law. Production to Accused of Records and Therapeutic Records in the Possession of the Prosecutor Records and therapeutic records possessed by prosecutor 278.2 (1) Except in accordance with sections 278.21 to 278.28, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose; or (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Permitted production (2) The prosecutor may produce to the accused (a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused; (b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused; and (c) any communication between the accused and the complainant. Duty of prosecutor to give notice (3) Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents. Application of sections 278.29 to 278.38 (4) Production under subsection (2) does not affect the application of sections 278.29 to 278.38. Application for production 278.21 (1) An accused who seeks production of a record or therapeutic record referred to in subsection 278.2(1) must make an application for its production to the judge before whom the accused is to be, or is being, tried. No application in other proceedings (2) For greater certainty, the application referred to in subsection (1) must not be made to a judge, provincial court judge or justice presiding at any other proceedings, including a preliminary inquiry. Form and content (3) The application must be made in writing and must set out (a) particulars identifying the record or the therapeutic record that the accused seeks to have produced; (b) in the case of a record, the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and (c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt. Insufficient grounds (4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt: (a) that the record or therapeutic record exists; (b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings; (d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness; (e) that the record or therapeutic record may relate to the credibility of the complainant or witness; (f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused; (h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused; (i) that the record or therapeutic record relates to the presence or absence of a recent complaint; (j) that the record or therapeutic record relates to the complainant’s sexual reputation; (k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused. Service of application (5) The accused shall serve the application on the prosecutor, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 278.22(1) or within any shorter interval that the judge may allow in the interests of justice. Service on other persons (6) The judge may at any time order that the application be served on any person to whom the judge considers the record or therapeutic record may relate. Service on complainant (7) The service requirement on the accused in subsection (5) is not fulfilled if the accused personally serves the application the complainant. Hearing in camera 278.22 (1) The judge shall hold a hearing in camera to determine whether to order the prosecutor to produce the record or therapeutic record to the court for review by the judge. Persons who may appear at hearing (2) The complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing. Right to counsel (3) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel. Costs (4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing. Order — production to judge 278.23 (1) The judge may order the prosecutor to produce the record or therapeutic record, or any part of it, to the court for review by the judge if, after the hearing referred to in section 278.22, the judge is satisfied that (a) the application was made in accordance with subsections 278.21(2) to (6); (b) in the case of a record, the accused has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt; and (c) the production of all or any part of the record or therapeutic record is necessary in the interests of justice. Factors to be considered (2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the judge shall take the following factors into account: (a) the extent to which the record or therapeutic record is necessary for the accused to make a full answer and defence; (b) the probative value of the record or therapeutic record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record; (d) whether production of the record or therapeutic record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates; (f) society’s interest in encouraging the reporting of sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of the trial process. Review by judge 278.24 (1) If the judge has ordered the production of the record or therapeutic record, or part of it, for review, the judge shall review it, or the part of it, in the absence of the parties in order to determine whether it, or the part, should be produced to the accused. Hearing in camera (2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination. Provisions that apply to hearing (3) Subsections 278.22(2) to (4) apply in the case of a hearing under subsection (2). Order — production of record to accused 278.25 (1) If the judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of justice, the judge may order that the record, or the part, that is likely relevant be produced to the accused, subject to any conditions that may be imposed under subsection (4). Order — production of therapeutic record to accused (2) If the judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused’s guilt and that is not available from any other source, the judge may order that the therapeutic record, or the part, be produced to the accused, subject to any conditions that may be imposed under subsection (4). Factors to be considered (3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in paragraphs 278.23(2)(a) to (h) into account. Conditions (4) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions: (a) that the record or therapeutic record be edited as directed by the judge; (b) that a copy of the record or therapeutic record, rather than the original, be produced; (c) that the accused and counsel for the accused not disclose the contents of the record or therapeutic record to any other person, except with the approval of the court; (d) that the record or therapeutic record be viewed only at the offices of the court; (e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and (f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record. Restriction on use (5) The record or therapeutic record, or the part of it, that is produced to the accused under an order under subsection (1) must not be used in any other proceedings. Retention by court (6) If the judge refuses to order the production of the record or therapeutic record, or part of it, to the accused, the record or therapeutic record, or the part, must, unless a court orders otherwise, be kept in a sealed package by the court until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused, at which time the record or therapeutic record, or the part, must be returned to the prosecutor or the person lawfully entitled to possession or control of it. Reasons for decision 278.26 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or therapeutic record, or part of it, under subsection 278.23(1) or 278.25(1) or (2). Record of reasons (2) The reasons provided under subsection (1) must be entered in the record of the proceedings or, if the proceedings are not recorded, they must be provided in writing. Publication prohibited 278.27 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 278.21(1); (b) any evidence taken, information given or submissions made at a hearing under subsection 278.22(1) or 278.24(2); (c) the determination of the judge under subsection 278.23(1) or 278.25(1) or (2) and the reasons provided under section 278.26, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record or therapeutic record relates, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Appeal 278. 28 For the purposes of sections 675 and 676, a determination to make or refuse to make an order under subsection 278.23(1) or 278.25(1) or (2) is deemed to be a question of law. Admissibility of Records and Therapeutic Records in the Possession of the Accused Admissibility — possession by accused 278.29 (1) Except in accordance with this section, no record or therapeutic record relating to a complainant that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose; or (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Requirements for admissibility (2) The record or therapeutic record is inadmissible in whole or in part unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.3, 278.31 or 278.35, (a) if the admissibility of the record or therapeutic record, or part of it, is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3); (b) that the record, or part of it, is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and (c) that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt. Factors to be considered (3) In determining whether the record or therapeutic record, or part of it, is admissible under subsection (2), the judge, provincial court judge or justice shall take into account the following factors: (a) the interests of justice, including the right of the accused to make a full answer and defence; (b) society’s interest in encouraging the reporting of sexual assault offences; (c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; (d) whether there is a reasonable prospect that the record or therapeutic record, or part of it, will assist in arriving at a just determination in the case; (e) the need to remove from the fact-finding process any discriminatory belief or bias; (f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury; (g) the potential prejudice to the complainant’s personal dignity and right of privacy; (h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and (i) any other factor that the judge, provincial court judge or justice considers relevant. Application for hearing 278.3 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.31 to determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2). Form and content (2) The application must be made in writing and must be accompanied by an affidavit setting out (a) detailed particulars of the record or the therapeutic record, or the part of it, that the accused seeks to adduce; (b) in the case of a record, or a part of one, the relevance of that evidence to an issue at trial; and (c) in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused’s guilt. Copy of the application (3) A copy of the application and the affidavit must be given to the prosecutor and filed with the clerk of the court. Jury and public excluded (4) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded. Hearing (5) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2). Copy to complainant (6) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused. Hearing — jury and public excluded 278.31 (1) The jury and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2). Complainant not compellable (2) The complainant is not a compellable witness at the hearing but may appear and make submissions. Right to counsel (3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel. Determination and reasons (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and (a) if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted; (b) the reasons must state the factors referred to in subsection 278.29(3) that affected the determination; (c) if all or any part of the record is to be admitted, the reasons must state the manner in which that it is expected to be relevant to an issue at trial; and (d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused’s guilt and why the judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt. Record of reasons (5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing. Publication prohibited 278.32 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 278.3(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.3(1) or at a hearing under section 278.31; (c) the decision of a judge, provincial court judge or justice under subsection 278.3(5), unless the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; (d) the determination made and the reasons provided under subsection 278.31(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Instruction to jury — use of evidence 278. 33 If evidence is admitted at trial on the basis of a determination made under subsection 278.31(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 278. 34 For the purposes of sections 675 and 676, a determination made under subsection 278.31(4) is deemed to be a question of law. Joint Application Admissibility of record 278.35 (1) The prosecutor and the accused, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to the judge before whom the accused is to be, or is being, tried for a determination as to whether the record, or any part of it, is admissible under subsection 278.29(2) without holding a hearing under section 278.31. Form and content (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and (a) the relevance of that record or part to an issue at trial; (b) if the admissibility of the record or part is subject to section 276, how it meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection 278.29(3); (c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and (d) any information the applicants consider necessary to assist the judge when the judge takes into account the factors referred to in subsection 278.29(3). Copy to clerk (3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial. Determination and reasons (4) The judge, provincial court judge or justice shall, In the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 276(3) or 278.29(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Power to grant application or hold hearing (5) If the judge, provincial court judge or justice is satisfied that the record, or part of it, is admissible under subsection 278.29(2), the judge, provincial court judge or justice shall grant the application. If the judge, provincial court judge or justice is not so satisfied, they shall hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2). Use of evidence (6) If the record, or part of it, is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that record or part. For greater certainty — therapeutic record (7) For greater certainty, this section does not apply to a therapeutic record. For greater certainty — right to counsel (8) For greater certainty, the complainant or any witness has the right to be represented by counsel. Publication prohibited 278.36 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 278.35(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.35(1); (c) the determination made and the reasons provided under section 278.35, unless that determination is that the record or part of it is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Instruction to jury — use of evidence 278. 37 If evidence is admitted at trial on the basis of a determination made under subsection 278.35(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence. Appeal 278. 38 For the purposes of sections 675 and 676, a determination made under subsection 278.35(4) or (5) is deemed to be a question of law. Reasons — Certain Proceedings 35 (1) Subsection 279.04(2) of the Act is replaced by the following: Circumstances (2) In determining whether an accused exploits a complainant under subsection (1), the Court must consider all the circumstances, including the nature of the relationship between the accused and the complainant and all of the following facts with respect to which there is evidence: (a) the accused used, or threatened or attempted to use, force or another form of coercion; (b) the accused used deception; (c) the accused abused a position of trust, power or authority; (d) the accused engaged in controlling or directive behaviour, including with respect to finances, living conditions, appearance, communications with others, the labour or service provided or offered to be provided or the advertising of the labour or service or documents that establish or purport to establish the person’s identity or immigration status; (e) the accused subjected the complainant to degrading or humiliating behaviour; (e.1) the accused used, or threatened or attempted to use, violence against any animal known to the complainant; (e.2) the accused damaged, or threatened or attempted to damage, the complainant’s property or the property of anyone known to the complainant; (f) the accused exposed the complainant to behaviour referred to in paragraphs (a) to ( e.2 ) directed at another person; (g) the accused received an undue benefit in relation to the labour or service; (h) the complainant is vulnerable, including because of age, mental or physical disability or personal circumstances such as the use of intoxicating substances, isolation, social or economic disadvantage, immigration status or any circumstance that has resulted or may result in victimization; (i) the accused manipulated the complainant by targeting their vulnerabilities. (2) Section 279.04 of the Act is amended by adding the following after subsection (3): For greater certainty (4) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety. 36 Subsection 286.1(2) of the Act is amended by replacing “a term of not more than 10 years” with “a term of not more than 14 years”. 37 Section 346 of the Act is amended by adding the following after subsection (1.3): Aggravating factor (1.4) If a person has been determined by a court to be guilty of an offence under this section, the court that imposes the sentence must consider as an aggravating factor the fact that the offence was of a sexual nature or committed for a sexual purpose. 38 (1) Subsections 486.1(1) and (2) of the Act are replaced by the following: Support person or animal — witnesses under 18 or who have a disability 486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice. Victims — certain offences (1.1) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice. Inquiry by court (1.2) If an application for an order under subsection (1) or (1.1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. Other witnesses (2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. (2) Subsection 486.1(2.1) of the English version of the Act is replaced by the following: Application (2.1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. (3) Section 486.1 of the Act is amended by adding the following after subsection (6): Written reasons (7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record. 39 (1) Subsections 486.2(1) and (2) of the Act are replaced by the following: Testimony outside court room — witnesses under 18 or who have a disability 486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice. Victims — certain offences (1.1) Despite section 650, in any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice. Inquiry by court (1.2) If an application for an order under subsection (1) or (1.1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. Other witnesses (2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. (2) Subsections 486.2(2.1) of the English version of the Act is replaced by the following: Application (2.1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. (3) Subsections 486.2(5) and (6) of the Act are replaced by the following: Conditions of exclusion (5) A witness shall not testify outside the court room in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or videoconference and the accused is permitted to communicate with counsel while watching the testimony. No adverse inference (6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section. Written reasons (7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record. 40 (1) Subsection 486.3(2) of the Act is replaced by the following: Accused not to cross-examine victim — certain offences (2) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination. Inquiry by court (2.1) If an application for an order under subsection (1) or (2) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. (2) Section 486.3 of the Act is amended by adding the following after subsection (5): Written reasons (6) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record. 41 The Act is amended by adding the following after section 486.7: For greater certainty 486. 71 For greater certainty, nothing in sections 486 to 486.5 or 486.7 prohibits a judge or justice from making more than one order regarding the same witness under those sections. 42 Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (v): (v.1) section 264.01 (coercion or control of intimate partner), 43 Section 489.1 of the Act is amended by adding the following after subsection (3): Exception — computer data (4) This section does not apply with respect to computer data , as defined in subsection 342.1(2), other than virtual currency or other digital assets. 44 The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following: Further detention (2) Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than 180 days after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless 45 (1) Subparagraph (a)(x) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following: (ix.1) subsection 160(3.1) (representation of bestiality), (x) subsection 162.1(1) (intimate image — publication etc.), (x.1) subsection 162.1(1.1) (intimate image — threat to publish etc.), (2) Paragraph (a) of the definition secondary offence in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (ix): (ix.1) section 264.01 (coercion or control of intimate partner), 46 The Act is amended by adding the following after section 492.2: PART XV. 1 Unreasonable Delay Definitions Definitions 492. 21 The following definitions apply in this Part. court  means a court seized of an application for a determination of unreasonable delay. ( tribunal ) unreasonable delay  means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms . ( délai déraisonnable ) Jurisdiction Jurisdiction not lost 492. 22 A finding of unreasonable delay by a court in respect of any proceedings does not deprive a court seized with those proceedings of jurisdiction in respect of the offence, the accused or the offender. Application Stay of proceedings 492. 23 A court shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Part. Common law rules and principles 492. 24 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Part. Notice to Victims Reasonable steps to inform 492.25 (1) If an application for a finding of unreasonable delay is filed with the court, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application. Court to inquire if notice given (2) The court shall, at the time the application is heard, inquire of the prosecutor if reasonable steps were taken to inform the victims, if any, of the filing of the application. Notice of court’s decision (3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision. Decision not precluded (4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court from making a decision in respect of the application. Case Complexity Case complexity — factors 492.26 (1) In determining whether there has been or will be unreasonable delay, the court shall consider whether there are any relevant factors that contributed or will contribute to making the case complex. Applications and motions — factors (2) If the case involved or will involve applications or motions, either before, during or after the trial, the court shall also consider the following factors in assessing whether the case is complex: (a) the number of applications or motions; (b) whether any of the applications or motions required or will require scheduling court dates separately and in advance of trial dates; (c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions; (d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions (e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions; (f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated; (g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and (h) any factor that the court finds relevant in assessing the complexity of the applications or motions. Days to Be Excluded Exclusions — sexual offence proceedings 492. 27 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods: (a) in respect of any application made under section 276.01, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 276.02, (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; (b) in respect of any application made under section 278.12 or 278.21, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 278.13(1) or 278.22(1) to the persons referred to in subsection 278.12(5) or 278.21(5), (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; and (c) in respect of any application made under section 278.3, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 278.31, (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application. Exclusions — Canada Evidence Act 492. 28 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods: (a) in the case of an objection made under subsection 37(1) of the Canada Evidence Act before a superior court, the period that begins on the day the objection was made and ends on the day the objection was finally determined; (b) in the case where an objection was made under subsection 37(1) of that Act before a court, person or body other than a superior court and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined; (c) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined. Exclusion — Canadian Security Intelligence Service Act 492. 29 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined. Actions not made in good faith 492. 3 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 492.27 to 492.29, the court shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada. Alternative Remedies to Stay of Proceedings Alternative remedies to be considered 492.31 (1) A court shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances. Factors to be considered (2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court shall take into account the following factors: (a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable; (b) the impact that a stay of proceedings is likely to have on any victim of the offence; (c) the prejudice that has been or would be suffered by the accused or offender as a result of unreasonable delay; (d) the public’s confidence in the administration of justice; and (e) the interest that society has in having a final decision on the merits. 47 Subsection 507.1(9) of the Act is replaced by the following: Non-application — informations laid under sections 810, 810.03 and 810.1 (9) Subsections (1) to (8) do not apply in respect of an information laid under section 810, 810.03 or 810.1. 48 (1) Paragraph 515(4.1)(b) of the Act is repealed. (2) Paragraph 515(4.3)(b) of the Act is amended by deleting “264” and by making any necessary modifications as a consequence. (3) Paragraph 515(4.3)(c) of the French version of the Act is replaced by the following: c) infraction perpétrée avec usage, tentative ou menace de violence contre une personne, notamment le partenaire intime du prévenu; 49 Section 537 of the Act is amended by adding the following after subsection (1): Considerations (1.001) In deciding whether to adjourn an inquiry under paragraph (1)(a), the justice shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available. 50 Section 571 of the Act is renumbered as subsection 571(1) and is amended by adding the following: Considerations (2) In deciding whether to adjourn the trial, the judge or provincial court judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available. 51 Section 645 of the Act is amended by adding the following after subsection (3): Considerations (3.1) In deciding whether to adjourn the trial, the judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available. 52 The Act is amended by adding the following after section 657.3: Proof of absence of consent — identity information 657.4 (1) In any proceedings in relation to an offence under section 402.2 or 403, an affidavit or a solemn declaration of a person whose identity information was used or was obtained or possessed with intent to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence, containing the statements referred to in subsection (2), is admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration. Statements to be made (2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration (a) that the person is the person whose identity information was used or intended to be used to commit the offence; (b) the nature of the identity information that was used or intended to be used to commit the offence; (c) that the person did not consent to the use of their identity information by the accused; and (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (b) and (c). Notice of intention to produce affidavit or solemn declaration (3) Unless the court orders otherwise, no affidavit or solemn declaration is to be received in evidence under subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of their intention to produce it in evidence. Attendance for examination (4) Despite subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration. Definition of identity information (5) In this section, identity information has the same meaning as in section 402.1. 53 The Act is amended by adding the following after section 672.501: Variation or revocation of order 672.5011 (1) The Review Board shall — on application of the person who is the subject of an order made under section 672.501 or of any other person, including a prosecutor, who is acting on their behalf, and without holding a hearing — vary or revoke the order, unless the Review Board is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person. Obligation of prosecutor (2) If the person who is the subject of an order requests that a prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application on their behalf to vary or revoke the order. Hearing (3) If the Review Board is of the opinion that varying or revoking the order may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the Review Board shall hold a hearing to determine whether the order should be varied or revoked. Factor (4) For the purposes of determining whether the order should be varied, the Review Board shall consider whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person. Notice (5) The applicant is not required to provide notice of the application to the accused. Submissions (6) The accused shall not be permitted to make submissions in relation to the application. Notice of change (7) If the order is varied or revoked, the prosecutor shall notify the accused. 54 Paragraph 672.81(1.3)(a) of the Act is replaced by the following: (a) an indictable offence involving any of the following in respect of another person, including the accused’s intimate partner, a member of the intimate partner’s family and a member of the accused’s family: (i) the use or attempted use of violence against the other person, or (ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person; or 55 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 745.52, 56 (1) Subsection 675(2) of the Act is replaced by the following: Appeal against absolute term in excess of 10 years (2) A person who has been convicted of second degree murder, or of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of 10 may appeal to the court of appeal against the number of years in excess of 10 of their imprisonment without eligibility for parole. (2) Subsection 675(2.2) of the Act is replaced by the following: Persons under 18 (2.2) A person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and was sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case. 57 Subsection 676(4) of the Act is replaced by the following: Appeal against ineligible parole period (4) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), against the number of years of imprisonment without eligibility for parole, being less than 25, that has been imposed as a result of that conviction. 58 (1) Subsection 699(5.1) of the Act is replaced by the following: Sexual offences (5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in section 278.11, a subpoena requiring a witness to bring to the court a record or a therapeutic record the production of which is governed by sections 278.1 to 278.19 must be issued by a judge and signed by the judge or the clerk of the court. (2) Subsection 699(7) of the Act is replaced by the following: Form of subpoena in sexual offences (7) In the case of an offence referred to in section 278.11, a subpoena requiring a witness to bring anything to the court shall be in Form 16.1. 59 The Act is amended by adding the following after section 715.43: PART XXII. 2 Alternative Measures and Restorative Justice Processes Definitions Definitions 715. 44 The following definitions apply in this Part. alternative measures  means measures other than judicial proceedings under this Act that are applicable in respect of a person who is 18 years of age or older and is alleged to have committed an offence. ( mesures de rechange ) restorative justice , in respect of the criminal justice system, means an approach to justice that seeks to repair the harm caused by an offence to individuals and their relationships. ( justice réparatrice ) restorative justice process  means a process that provides an opportunity for a person alleged to have committed an offence, an offender, a victim or members of a community, as the case may be, to communicate, directly or indirectly, about the causes, circumstances and impacts of an offence or alleged offence in order to seek a resolution to repair the harm caused. ( processus de justice réparatrice ) Purpose and Principles Purpose 715. 45 The purpose of this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society, including by (a) holding a person alleged to have committed an offence or an offender accountable in respect of the offence or alleged offence; (b) promoting a sense of responsibility for the offence or alleged offence and acknowledging the harm caused to the victim and the community; (c) repairing the harm caused to the victim and the community; (d) promoting the rehabilitation and reintegration of the person alleged to have committed an offence or the offender; and (e) preventing further harm and involvement in the criminal justice system. Principles 715. 46 The following principles apply to this Part: (a) judicial resources are more appropriately used in relation to offences that pose a risk to the safety of the public; (b) measures that are taken under this Part allow for effective and timely intervention focused on addressing the circumstances underlying the offence or alleged offence; (c) crime has a harmful impact on victims and on society and measures that are taken under this Part should take into consideration their interests; and (d) measures that are taken under this Part take into account the personal circumstances and characteristics of the person alleged to have committed the offence or of the offender and of the victim, as the case may be, with particular attention to the needs of Aboriginal persons and Black persons. Warnings and Referrals Warnings and referrals — police 715.47 (1) A police officer must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, instead of proceeding with the laying of an information against the person alleged to have committed the offence, (a) taking no further action; (b) issuing a warning to the person; or (c) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or, if authorized to do so, to an alternative measure. Validity of charges (2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the person for the offence. Warnings and referrals — prosecutor 715.48 (1) A prosecutor must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, before commencing or continuing judicial proceedings against the person alleged to have committed the offence, (a) issuing a warning to the person ; or (b) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or to an alternative measure. Validity of proceedings (2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the person for the offence. Alternative Measures Conditions for Use Conditions 715. 49 Alternative measures may be used in respect of a person alleged to have committed an offence if the following conditions are met: (a) the alternative measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province; (b) the person who is considering whether to use the alternative measure is satisfied that it would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of the victim and of society; (c) the person alleged to have committed the offence, having been informed of the alternative measure, fully and freely consents to participate in it; (d) the person alleged to have committed the offence has, before consenting to participate in the alternative measure, been advised of the right to be represented by counsel; (e) the person alleged to have committed the offence accepts responsibility for the act or omission that forms the basis of the offence; (f) in the opinion of the Attorney General or the Attorney General’s agent, there is sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not in any way barred at law. Restrictions on Use Restrictions 715. 5 Alternative measures must not be used in respect of a person who (a) denies participation or involvement in the commission of the offence; or (b) expresses the wish to have any charge against them dealt with by the court. Admissions not admissible in evidence 715. 51 No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by an alternative measure is admissible in evidence against that person in any civil or criminal proceedings. No bar to proceedings 715.52 (1) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, in the case where a charge is laid against that person in respect of that offence, (a) if the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court must dismiss the charge; and (b) if the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s compliance with respect to the alternative measures. Laying of information or other process (2) Subject to subsection (1), nothing in this Part is to be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence, in accordance with the law. Restorative Justice Processes Principles Principles 715. 53 The following additional principles apply to the use of restorative justice processes: (a) restorative justice processes prioritize the acknowledgement and acceptance of responsibility for the harm caused to victims and communities and the repair of that harm by the person alleged to have committed an offence or the offender; (b) they are voluntary and participants must fully and freely consent to participate and may freely withdraw from the restorative justice process at any time; (c) they take into consideration the safety and security of all participants and seek to prevent further harm; (d) they are based on courtesy, compassion and respect, including respect for the dignity of all participants; (e) they foster and support the meaningful participation of those affected, including victims, persons alleged to have committed an offence and offenders and their communities; (f) they enable participants to communicate openly and honestly and to have an active role in determining how to address their needs, as they perceive them; and (g) they provide opportunities for understanding, healing and change and contribute to the restoration and recovery of victims and the rehabilitation and reintegration of persons alleged to have committed an offence or offenders. Application 715.54 (1) A restorative justice process may be used at any stage of a criminal justice process, including as an alternative measure. Restorative justice process — forms (2) A restorative justice process may take various forms, including in the form of a mediation or dialogue between the victim and the person alleged to have committed an offence or the offender, a restorative conference or a sentencing circle. For greater certainty (3) For greater certainty, sections 715.49 to 715.52 apply when a restorative justice process is used as an alternative measure under this Part. Conferences Conference may be convened 715.55 (1) A judge, justice or any person authorized under the rules and practices referred to in subsection (3) may, on request or on their own initiative, convene or cause to be convened a conference, in which a prosecutor, a person alleged to have committed an offence or an offender, and any other person who could assist with the objectives set out in subsection (2), participate. Objective (2) The objective of a conference is, among other things, to facilitate the use of alternative measures or restorative justice processes in respect of the person alleged to have committed the offence or the offender and to make recommendations, if appropriate, in respect of resolution options, treatment plans, counselling and health and social services. Rules — establishment (3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules and practices for the convening and conducting of conferences, other than for conferences convened or caused to be convened by a judge or justice. Rules to apply (4) In provinces and territories where rules and practices are established under subsection (3), the conferences to which those rules and practices apply must be convened and conducted in accordance with those rules and practices. Records Records — warnings or referrals 715. 56 Sections 715.57 to 715.6 apply only in respect of persons who have been issued a warning or a referral under section 715.47 or 715.48 , regardless of the degree of their compliance with the terms and conditions of the alternative measures. Record keeping 715. 57 The police officer who issues a warning or makes a referral is to keep a record of the warning issued or referral made under section 715.47, including the identity of the person warned or referred. Police records 715.58 (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence. Disclosure by peace officer (2) A peace officer may disclose to any person any information in a record kept under this section that is necessary to disclose in the conduct of the investigation of an offence. Other disclosure (3) A peace officer may disclose to an insurance company any information in a record kept under this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates. Government records 715.59 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency (a) for the purposes of an investigation of an offence alleged to have been committed by a person; (b) for use in proceedings against a person under this Act; or (c) as a result of the use of alternative measures to deal with a person. Records kept — alternative measures (2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence. Disclosure of records 715.6 (1) Any information contained in a record that is kept under any of sections 715.57 to 715.59 may be made available to (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates; (b) any peace officer (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose related to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent of the department or agency, that is (i) engaged in the administration of alternative measures in respect of the person, or (ii) preparing a report in respect of the person as required under this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is (i) desirable in the public interest for research or statistical purposes, or (ii) desirable in the interest of the proper administration of justice. Access to information — alternative measures (2) Information contained in the record, other than the identity of the person to whom the record relates, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes. Subsequent disclosure (3) If a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates. Information and copies (4) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record. Evidence of warning or referral not admissible (5) Evidence that an individual has received a warning or referral, evidence that a police officer has taken no further action in respect of an offence and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual. Record keeping — period (6) A record kept under any of sections 715.57 to 715.59 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period during which the alternative measure was applied. 60 The definition alternative measures in section 716 of the Act is repealed. 61 The heading before section 717 and sections 717 to 717.4 of the Act are repealed. 62 Subparagraph 718.2(a)(ii.2) of the Act is replaced by the following: (ii.2) evidence that the offender counselled or otherwise involved a person under the age of 18 years in the commission of the offence, 63 The Act is amended by adding the following after section 718.3: Shorter term of imprisonment than minimum punishment 718.4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender. Exception — imprisonment for life (2) Subsection (1) does not apply with respect to an offence for which the minimum punishment is imprisonment for life. For greater certainty (3) For greater certainty, subsection (1) does not affect the operation of section 320.23. Reasons (4) A court that imposes a shorter term of imprisonment under subsection (1) shall include in the record a statement of its reasons for doing so. Minimum punishment (5) For the purposes of this Part, the shorter term of imprisonment imposed under subsection (1) is a minimum term of imprisonment. 64 Subsection 720(2) of the Act is replaced by the following: Court-supervised programs (2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to participate in, under the supervision of the court, (a) a treatment program approved by the province, such as an addiction treatment program or a domestic violence counselling program; or (b) a restorative justice process , as defined in section 715.44, approved by the province. 65 Paragraph 721(3)(c) of the Act is replaced by the following: (c) the history of any alternative measure or restorative justice process , as those terms are defined in section 715.44, that is used to deal with the offender, and the offender’s response to those measures; and 66 (1) Paragraph 722(5)(b) of the Act is replaced by the following: (b) reading it in the presence and close proximity of any support person of the victim’s choice or a support animal; (2) Subsection 722(7) of the Act is replaced by the following: Conditions of exclusion (7) The victim shall not present the statement outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation. 67 (1) Section 722.2 of the Act is amended by adding the following after subsection (1): Inquiry by court (1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1). Adjournment (1.2) On application of the prosecutor or the community or on its own motion, the court may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court is satisfied that the adjournment would not interfere with the proper administration of justice. (2) Paragraph 722.2(3)(b) of the Act is replaced by the following: (b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal; (3) Subsection 722.2(4) of the Act is replaced by the following: Conditions of exclusion (4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation. (4) Section 722.2 of the Act is amended by adding the following after subsection (5): Evidence concerning community admissible (6) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730. 68 The Act is amended by adding the following after section 726.2: Endorsement — intimate partner violence 726. 21 If a court determines that an offender is guilty of an offence in the commission of which violence is used, threatened or attempted against the offender’s intimate partner, the court shall endorse that fact on the information or indictment and, in the absence of evidence to the contrary, the endorsement is proof of that fact. 69 The Act is amended by adding the following after section 729.1: Order Prohibiting Contact Order prohibiting contact 729.2 (1) When an offender is convicted, or is discharged under section 730 on the conditions prescribed in a probation order, of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the court that imposes a sentence on the offender or directs the discharge may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court considers necessary. Duration of prohibition (2) The prohibition may be for life or for any shorter duration that the court considers desirable. Variation of order (3) A court of competent jurisdiction may, on application of the person identified in the order or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, the court may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed. Court of competent jurisdiction (4) The application shall be made to (a) if an order was made under subsection (1), the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province; or (b) if an order was made under subsection 203.73(1) of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.73(4) of that Act, a superior court of criminal jurisdiction. Failure to comply with order (5) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is (a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) guilty of an offence punishable on summary conviction. 70 Paragraph 738(1)(c) of the Act is replaced by the following: (c) in the case of bodily or psychological harm or threat of such harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount of not more than the actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable; 71 The Act is amended by adding the following after section 740: Deemed restitution order 740. 1 If an order referred to in section 732.1 or 742.3 contains a requirement for payment and the order terminates before all required payments are made, the portion of the order that relates to that requirement is deemed to continue as a restitution order made under section 738 or 739, as the case may be. The restitution order remains in force until all the required payments are made. 72 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and 73 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following: Persons under 18 745. 1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served (2) Paragraph 745.1(c) of the Act is replaced by the following: (c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who was 16 or 17 years of age at the time of the commission of the offence. 74 The Act is amended by adding the following after section 745.51: Manslaughter in certain circumstances 745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances, (a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or (b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a). Considerations (2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender. 75 The portion of section 746 of the Act before paragraph (a) is replaced by the following: Time spent in custody 746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between 76 Paragraphs (a) and (b) of the definition serious personal injury offence in section 752 of the Act are replaced by the following: (a) an indictable offence, other than high treason, treason, first degree or second degree murder, for which the offender may be sentenced to imprisonment for 10 years or more and involving any of the following in respect of another person, including the offender’s intimate partner, a member of the intimate partner’s family and a member of the offender’s family: (i) the use or attempted use of violence against the other person, or (ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or (b) an offence or attempt to commit an offence mentioned in section 151 (sexual interference), 152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 171.1 (making sexually explicit material available to child), 172.1 (luring a child), 172.2 (agreement or arrangement — sexual offence against child), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). ( sévices graves à la personne ) 77 Section 752.01 of the Act is replaced by the following: Prosecutor’s duty to advise court 752. 01 The prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1), if the prosecutor is of the opinion that an offence for which an offender is found guilty is a serious personal injury offence and that (a) the offence is a designated offence and the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those previous convictions; or (b) the offender committed the offence against their intimate partner, a member of their family or a member of their intimate partner’s family, and the offender was convicted previously at least twice of an offence that was committed against any such person and that was a designated offence or serious personal injury offence. 78 Paragraph 753.1(2)(a) of the Act is amended by replacing “152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation material), section 170” with “152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 163.1 (child sexual abuse and exploitation material), 170”. 79 Section 803 of the Act is amended by adding the following after subsection (1): Considerations (1.1) In deciding whether to adjourn the trial under subsection (1), the summary conviction court shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available. 80 Paragraph 810(1)(b) of the French version of the Act is replaced by the following: b) soit ne commette une infraction prévue à l’article 162.1. 81 (1) Subsections 810.03(1) to (5) of the Act are replaced by the following: Fear of domestic violence 810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information before a justice. Appearances (2) The justice who receives an information under subsection (1) may cause the parties to appear before a justice. Recognizance order (3) If the justice before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the justice may order the defendant to enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months. Duration extended (4) However, if the justice is also satisfied that the defendant was previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of the defendant or any child of any intimate partner or of the defendant, the justice may order the defendant to enter into the recognizance for a period of not more than two years. Indigenous support services (4.1) If the defendant or the person on whose behalf the information is laid is Indigenous, the justice shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided. Refusal to enter into recognizance (5) The justice may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance. (2) The portion of subsection 810.03(6) of the Act before paragraph (d) is replaced by the following: Conditions in recognizance (6) The justice may add any reasonable conditions to the recognizance that the justice considers desirable to ensure the good conduct of the defendant or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including conditions requiring the defendant (a) to attend a treatment program, such as an addiction treatment program or a domestic violence counselling program; (b) to remain within a specified geographic area unless written permission to leave that area is obtained from the justice; (c) to refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the justice considers necessary; (3) Paragraph 810.03(6)(e) of the Act is replaced by the following: (e) to abstain from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the justice considers necessary; (4) Subsection 810.03(7) of the Act is replaced by the following: Conditions — firearms (7) The justice shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the justice decides that it is desirable to do so, the justice shall add that condition to the recognizance and specify the period during which the condition applies. (5) Subsection 810.03(8) of the English version of the Act is replaced by the following: Surrender, etc. (8) If the justice adds a condition described in subsection (7) to a recognizance, the justice shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates held by the defendant shall be surrendered. (6) Subsections 810.03(9) to (11) of the Act are replaced by the following: Reasons (9) If the justice does not add a condition described in subsection (7) to a recognizance, the justice shall include in the record a statement of the reasons for not adding the condition. Variance of conditions (10) A justice may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in the recognizance. Consideration of safety and security needs (11) If the defendant makes an application under subsection (10), the justice shall, before varying any conditions, consider the safety and security needs of the person on whose behalf the information is laid. (7) Section 810.03 is amended by adding the following after subsection (12): Provisions of this Part to apply (13) The provisions of this Part apply, with any modifications that the circumstances require, to proceedings under this section. 82 (1) Subsection 810.1(1) of the Act is replaced by the following: Fear of sexual offence 810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 18 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) Subsection 810.1(3.01) of the Act is replaced by the following: Duration extended (3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 18 years, the judge may order that the defendant enter into the recognizance for a period of not more than two years. (3) Paragraph 810.1(3.02)(a) of the Act is replaced by the following: (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 18 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate; (4) Paragraph 810.1(3.02)(b) of the Act is replaced by the following: (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground; 83 Section 824 of the Act is renumbered as subsection 824(1) and is amended by adding the following: Considerations (2) In deciding whether to adjourn the hearing, the appeal court shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available. 84 Form 16.1 of Part XXVIII of the Act is replaced by the following: FORM 16.1 (Subsections 278.12(5) and 699(7)) Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.11(1) of the Criminal Code Canada, Province of , ( territorial division ). To E.F., of , ( occupation ); Whereas A.B. has been charged that ( state offence as in the information ), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence); This is therefore to command you to attend before ( set out court or justice ), on the day of A.D. , at o’clock in the noon at to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: ( specify any documents, objects or other things required ). TAKE NOTE You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so. If anything specified above is a record or therapeutic record , as those terms are defined in section 278.1 of the Criminal Code , it may be subject to a determination by the court in accordance with sections 278.1 to 278.19 of the Criminal Code as to whether and to what extent it should be produced. If anything specified above is a record or therapeutic record , as those terms are defined in section 278.1 of the Criminal Code , the production of which is governed by sections 278.1 to 278.19 of the Criminal Code , this subpoena must be accompanied by a copy of an application for the production of the record or therapeutic record made under section 278.12 of the Criminal Code , and you will have an opportunity to make submissions to the court concerning the production of the record or therapeutic record. If anything specified above is a record or therapeutic record , as those terms are defined in section 278.1 of the Criminal Code , the production of which is governed by sections 278.1 to 278.19 of the Criminal Code , you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced. As defined in section 278.1 of the Criminal Code , record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence. As defined in section 278.1 of the Criminal Code , therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. Dated this day of A.D. , at . Judge, Clerk of the Court, Provincial Court Judge or Justice ( Seal, if required ) 85 Form 23 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 23” with the following: (Sections 83.3, 810, 810.01, 810.011, 810.03, 810.1 and 810.2) 86 (1) Paragraphs (e.2) to (f.1) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following: (e.2) abstains from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the justice considers necessary (section 810.03 of the Criminal Code ); (f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge or justice (sections 810.01, 810.03 and 810.2 of the Criminal Code ); (f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the justice considers necessary (section 810.03 of the Criminal Code ); (2) Paragraph (j) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following: (j) abstains from any contact — including communicating by any means — with a person under the age of 18 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code ); (3) Paragraph (l) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following: (l) abstains from attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code ); Minimum Punishments Existing minimum punishments 87 For greater certainty, following the enactment of section 718.4 of the Criminal Code , the operation of the minimum punishments that are set out in that Act or in any other Act of Parliament is affirmed. Consequential Amendments R.S., c. E- 15 Excise Tax Act 88 Clause 295(5.04)(a)(i)(D) of the Excise Tax Act is replaced by the following: (D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code , R.S., c. 1 (5th Supp.) Income Tax Act 89 Clause 241(9.5)(a)(i)(D) of the Income Tax Act is replaced by the following: (D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code , 1992, c. 20 Corrections and Conditional Release Act 90 Section 1 of Schedule I to the Corrections and Conditional Release Act is amended by adding the following after paragraph (s.3): (s.31) section 264.01 (coercion or control of intimate partner); 1995, c. 39 Firearms Act 91 Subparagraph 5(2)(a)(iii) of the Firearms Act is replaced by the following: (iii) an offence under section 264 (criminal harassment) or 264.01 (coercion or control of intimate partner) of the Criminal Code , 1996, c. 19 Controlled Drugs and Substances Act 92 Section 10.3 of the Controlled Drugs and Substances Act is replaced by the following: Prosecution — limits 10. 3 A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the prosecutor is of the opinion that the use of a warning or referral under section 10.2, or of alternative measures as defined in section 715.44 of the Criminal Code , is not appropriate, and a prosecution is appropriate in the circumstances. 2002, c. 22 Excise Act, 2001 93 Clause 211(6.4)(a)(i)(D) of the Excise Act, 2001 is replaced by the following: (D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code , Terminology Changes Replacement — references to section 152 of Criminal Code 94 Every reference to “sexual touching” is replaced by a reference to “sexual touching or exposure” in the following provisions: (a) in the Criminal Code , (i) subparagraph (a)(i.2) of the definition primary designated offence in section 487.04, (ii) subparagraph 487.055(3)(a)(ii), (iii) subparagraph (a)(iii) of the definition primary offence in subsection 490.011(1), and (iv) subparagraph (a)(ii) of the definition primary designated offence in section 752; (b) in subparagraph 1(a)(ii) in Schedule 1 to the Criminal Records Act ; (c) in the Corrections and Conditional Release Act , (i) subparagraph (a)(ii) of the definition sexual offence involving a child in subsection 129(9), and (ii) paragraph 1(f) in Schedule I; and (d) in paragraph 1(d) in the schedule to the Youth Criminal Justice Act . Replacement — references to section 153.1 of Criminal Code 95 In the following provisions, the references to “ exploitation d’une personne handicapée à des fins sexuelles ”, “ personne en situation d’autorité par rapport à une personne ayant une déficience ” and “ personnes en situation d’autorité ” are replaced by “ exploitation sexuelle d’une personne handicapée ”: (a) in the French version of the Criminal Code : (i) subparagraph (a)(v) of the definition infraction primaire in subsection 490.011(1), and (ii) subparagraph (b)(v) of the definition infraction désignée in section 752; (b) in the French version of the Criminal Records Act : (i) subparagraph 2(a)(i) of Schedule 1, and (ii) subparagraph 1(a)(i) of Schedule 2; and (c) paragraph 1(g.1) of Schedule I to the French version of the Corrections and Conditional Release Act . Transitional Provisions Definitions 96 The following definitions apply in sections 97 to 118 . Act  means the Criminal Code . ( Loi ) commencement day  means the 30th day after the day on which this Act receives royal assent. ( date de référence ) Offence in relation to sexual offences against children 97 For greater certainty, subsection 7(4.1) of the Act, as enacted by section 3 , applies only with respect to an act or omission that is committed on or after the commencement day. Sentencing for manslaughter 98 Subsection 236(2) of the Act applies only with respect to an offence that is committed on or after the commencement day. Factors to be considered — criminal harassment 99 For greater certainty, paragraph 264(4)(a) of the Act, as enacted by subsection 27 (6), applies with respect to any matter or proceeding that is ongoing on the commencement day. Production and admissibility 100 Subsections 276(1) and (2) of the Act, as amended by section 31 , sections 276.01 to 276.13 of the Act, as enacted by section 32 , and sections 278.1 to 278.38 of the Act, as enacted by section 34, apply only to an offence in respect of which a charge is laid on or after the commencement day. Aggravating factor — extortion 101 For greater certainty, subsection 346(1.4) of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day. Testimonial aids 102 For greater certainty, sections 486.1, 486.2 and 486.3 of the Act, as amended by sections 38 , 39 and 40 , respectively, apply with respect to any matter or proceeding that is ongoing on commencement day. Exception to section 489.1 103 Subsection 489.1(4) of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day. Period for further detention — subsection 490(2) 104 Subsection 490(2) of the Act, as amended by section 44 , applies with respect to any matter or proceeding that is ongoing on the commencement day. Part XV.1 105 For greater certainty, Part XV.1 of the Act applies only with respect to an offence that is committed on or after the commencement day. Non-application of section 507.1 106 Subsection 507.1(9) of the Act, as enacted by section 47 , applies with respect to any matter or proceeding that is ongoing on the commencement day. Judicial interim release 107 For greater certainty, paragraphs 515(3)(a) and (b), (4.1)(a), (4.3)(c) and (6)(b.1) and (b.2) of the Act, as construed in application of section 3.01 of the Act, apply with respect to any matter or proceeding that is ongoing on the commencement day. Adjournment 108 For greater certainty, subsections 537(1.001), 571(2), 645(3.1), 803(1.1) and 824(2) of the Act apply with respect to any matter or proceeding that is ongoing on commencement day. Section 657.4 109 For greater certainty, section 657.4 of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day. Revocation or variation of order — non-publication 110 Section 672.5011 of the Act applies with respect to orders that are made under section 672.501 of the Act before commencement day. Alternative measure 111 (1) An alternative measure used in respect of a person alleged to have committed an offence under any of sections 717 to 717.4 of the Act, as those sections read before the commencement day, is deemed, on or after the commencement day, to be an alternative measure , as defined in section 715.44 of the Act. Application (2) The provisions enacted by sections 59 , 64 and 65 apply with respect to any matter or proceeding that is ongoing on the commencement day. Victim and community impact statements 112 For greater certainty, sections 722 and 722.2 of the Act, as amended by section 66 and 67 , respectively, apply with respect to any matter or proceeding that is ongoing on commencement day. Endorsement — intimate partner violence 113 For greater certainty, section 726.21 of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day. Order prohibiting contact 114 For greater certainty, section 729.2 of the Act applies only with respect to an offence that is committed on or after commencement day. Restitution order 115 For greater certainty, section 740.1 of the Act applies only with respect to an order referred to in section 732.1 or 742.3 of the Act, as that section read on commencement day, in respect of an offence that is committed on or after that day. Prosecutor’s duty to advise court 116 Section 752.01 of the Act, as enacted by section 77 , applies only with respect to an offence that is committed on or after the commencement day. Recognizances — section 810.03 117 Section 810.03 of the Act, as amended by section 81 , applies with respect to any matter or proceeding that is ongoing on the commencement day. Recognizance — section 810.1 118 Section 810.1 of the Act, as amended by section 82 , applies with respect to any matter or proceeding that is ongoing on the commencement day. Review Review by Senate and House of Commons 118. 1 Five years after the day on which this Act receives royal assent, or as soon as feasible after that day, a comprehensive review of section 264.01 of the Criminal Code and its operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. The review is to consider, among other things, the criminalization of coercive or controlling conduct in relationships other than intimate partner relationships. Review by Senate and House of Commons 119 Five years after the day on which Part XV.1 of the Criminal Code comes into force, or as soon as feasible after that day, a comprehensive review of the provisions and operation of that Part is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. 2002, c. 1 Youth Criminal Justice Act Amendments to the Act 120 The fifth paragraph of the preamble to the Youth Criminal Justice Act is replaced by the following: AND WHEREAS Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims and the rights that they have under the Canadian Victims Bill of Rights , fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons; 121 (1) Subparagraph 3(1)(c)(ii) of the Act is replaced by the following: (ii) encourage the repair of harm done to victims and the community, including, where appropriate, through a restorative justice process, (2) Subparagraph 3(1)(c)(iv) of the Act is replaced by the following: (iv) respect the needs, personal circumstances and characteristics of young persons, including in relation to race, national or ethnic origin, culture, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, with particular attention to those of Aboriginal young persons and Black young persons; and (3) Subparagraphs 3(1)(d)(ii) and (iii) of the Act are replaced by the following: (ii) victims should be treated with courtesy, compassion, fairness and respect, including respect for their dignity and privacy, and have their interest in timely justice considered during their involvement with the youth criminal justice system, (iii) victims should be provided with information about the youth criminal justice system and their role in it, the services and programs available to them as victims and the proceedings and be given an opportunity to participate and be heard, and 122 Subsection 6(1) of the Act is replaced by the following: Police — warnings, cautions and referrals 6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person to address their offending behaviour. 123 The Act is amended by adding the following after section 6: Prosecutor — warnings, cautions and referrals 6.1 (1) A prosecutor shall, before starting or continuing judicial proceedings against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to warn the young person, administer a caution, if a program has been established under section 8, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person to address their offending behaviour. Saving (2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the young person for the offence. 124 Section 9 of the Act is replaced by the following: Evidence of measures is inadmissible 9 Evidence that a young person has received a warning, caution or referral mentioned in any of sections 6 to 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person. 125 Subsection 10(1) of the Act is replaced by the following: Extrajudicial sanctions 10 (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in any of sections 6 to 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances. 126 Section 12 of the Act is replaced by the following: Victim’s right to information 12 If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall inform the victim of the identity of the young person and how the offence has been dealt with, if the victim wishes to receive the information. 127 Subsection 14(2) of the Act is replaced by the following: Orders (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence), 810.1 (recognizance — fear of sexual offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. 128 Subsection 19(2) of the Act is replaced by the following: Mandate of conference (2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans or to facilitate the use of restorative justice processes. 129 Section 48 of the Act is replaced by the following: Reasons for sentence 48 When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall give or cause to be given a copy of the sentence and the reasons for the sentence to the young person, the young person’s counsel, a parent of the young person, the provincial director, the prosecutor, the victim, if the victim wishes to receive the information, and, in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board. Inquiry by youth justice court 48. 1 When imposing a youth sentence, a youth justice court shall inquire of the prosecutor whether reasonable steps were taken to determine whether the victim wishes to receive information regarding the youth sentence and its administration and shall, if known, enter the victim’s wishes in the record of the case. 130 Subsection 50(1) of the Act is replaced by the following: Application of Part XXIII of Criminal Code 50 (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for Aboriginal offenders), sections 722 (victim impact statement), 722.1 (copy of statement) and 722.2 (community impact statement), subsection 730(2) (period for which appearance notice, etc., continues in force) and sections 748 (to whom pardon may be granted), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require. 131 Paragraph 83(2)(a) of the Act is replaced by the following: (a) that the least restrictive measures necessary to ensure the protection of the public, of personnel working with young persons and of young persons, and the safety and security of victims, be used; 132 Subsection 111(1) of the Act is replaced by the following: Identity of victim or witness not to be published 111 (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, even if the child or young person is deceased, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person. 133 Paragraph 142(1)(a) of the Act is replaced by the following: (a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence), 810.1 (recognizance — fear of sexual offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; Transitional Provision Application 134 Subsection 6(1), sections 6.1 and 9 and subsection 10(1) of the Youth Criminal Justice Act , as enacted by sections 122 to 125 , apply with respect to any matter or proceeding that is ongoing on the day on which section 122 comes into force. 2015, c. 13, s. 2 Canadian Victims Bill of Rights 135 The preamble to the Canadian Victims Bill of Rights is amended by adding the following after the second paragraph: Whereas it is important that every victim of crime be treated in a manner that takes into account the impacts of the trauma that they experienced; Whereas it is important that the criminal justice system include an approach that is victim-centred and considerate of the needs and concerns of victims of crime in order to avoid retraumatizing them; Whereas delays in the criminal justice system have a detrimental impact on victims of crime and undermine the public’s confidence in the administration of justice; Whereas victims of crime have an interest in timely trials and the timely resolution of matters relating to offences; 136 The Act is amended by adding the following after the heading “Rights” after section 5: Respect Respect, courtesy, compassion and fairness 5. 1 Every victim has the right to be treated with respect, courtesy, compassion and fairness by the appropriate authorities in the criminal justice system. Timely Justice Timely trial and resolution 5. 2 Every victim has the right to have taken into consideration their interest in a timely trial and the timely resolution of matters relating to the offence. 137 (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following: General information 6 Every victim has the right to information about (2) Paragraph 6(b) of the Act is replaced by the following: (b) the services and programs available to them as a victim; (3) Section 6 of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after that paragraph: (d) their rights under this Act. 138 The portion of section 7 of the Act before paragraph (a) is replaced by the following: Investigation and proceedings 7 Every victim has the right to information about 139 The Act is amended by adding the following after section 7: Protection measures 7. 1 Every victim has the right to information about the protection measures available to them in the criminal justice system. Restorative justice process 7.2 (1) Every victim has the right to information about the restorative justice processes available to them as a victim, including how the processes operate, what outcomes the victim can expect and the voluntary nature of participation at every stage of the processes. Agreement reached during process (2) If an accused or offender and a victim of the offence participate in a restorative justice process, the victim has the right to receive information about the accused’s or offender’s fulfillment of the terms of any agreement reached in the course of the process. 140 The portion of section 8 of the Act before paragraph (a) is replaced by the following: Information about offender or accused 8 Every victim has the right to information about 141 The Act is amended by adding the following after section 8: Federal entities 8. 1 The federal departments, agencies or bodies from which victims have a right to receive the information referred to in sections 6 to 8 include, but are not limited to , (a) the Royal Canadian Mounted Police; (b) the Office of the Director of Public Prosecutions; (c) the Correctional Service of Canada; (d) the Parole Board of Canada; (e) the Miscarriage of Justice Review Commission; (f) the Canada Border Services Agency; and (g) the Department of Justice. Information about rights 8. 2 The federal departments, agencies or bodies that are involved in the criminal justice system, including the ones referred to in section 8.1, must ensure that information about the rights of victims under this Act is made readily available. 142 Section 12 of the Act is replaced by the following: Identity protection 12 Every victim, if they are a complainant to the offence or a witness in proceedings relating to the offence, has the right to (a) be asked whether they wish to have their identity protected; (b) request that their identity be protected; (c) be informed when an order is made to protect their identity; and (d) be informed of their right to apply to revoke or vary an order made to protect their identity. 143 Section 15 of the Act is replaced by the following: Victim impact statement 15 Every victim has the right to present a victim impact statement to the court and, if applicable, a victim statement to other appropriate authorities in the criminal justice system, including the Correctional Service of Canada and the Parole Board of Canada, and to have it considered. R.S., c. N- 5 National Defence Act Amendments to the Act 144 (1) Paragraphs (a) and (b) of the definition serious personal injury offence in subsection 2(1) of the National Defence Act are replaced by the following: (a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving any of the following in respect of another person, including the accused person’s intimate partner, a member of the intimate partner’s family and a member of the accused person’s family: (i) the use or attempted use of violence against the other person, or (ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or (b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 171.1, 172, 172.1, 172.2, 271, 272 or 273 of the Criminal Code , or an attempt to commit such an offence; ( infraction grave contre la personne ) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: intimate partner  has the same meaning as in section 2 of the Criminal Code ; ( partenaire intime ) 145 The Act is amended by adding the following after the heading “Rights” after section 71.01: Respect Respect, courtesy, compassion and fairness 71. 011 Every victim has the right to be treated with respect, courtesy, compassion and fairness by the appropriate authorities in the military justice system. Timely Justice Timely trial and resolution 71. 012 Every victim has the right to have taken into consideration their interest in a timely trial and the timely resolution of matters relating to the service offence. 146 (1) The portion of section 71.02 of the Act before paragraph (a) is replaced by the following: General information 71. 02 Every victim has the right to information about (2) Section 71.02 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) their rights under this Division. 147 The portion of section 71.03 of the Act before paragraph (a) is replaced by the following: Investigation and proceedings 71. 03 Every victim has the right to information about 148 The Act is amended by adding the following after section 71.03: Protection measures 71. 031 Every victim has the right to information about the protection measures available to them in the military justice system. 149 The portion of subsection 71.04(1) of the Act before paragraph (a) is replaced by the following: Information about offender or accused 71.04 (1) Every victim has the right to information about 150 The Act is amended by adding the following after section 71.04: Authorities in the military justice system 71. 041 The authorities in the military justice system from which victims have a right to receive the information referred to in sections 71.02 to 71.04 include (a) the Director of Military Prosecutions; (b) the Provost Marshal; and (c) a commanding officer, including the commanding officer of a service prison or detention barrack. Information about rights 71. 042 The appropriate authorities in the military justice system, including the ones referred to in section 71.041, shall ensure that information about the rights of victims under this Division is made readily available. 151 Section 71.08 of the Act is replaced by the following: Identity protection 71. 08 Every victim, if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence, has the right to (a) be asked whether they wish to have their identity protected; (b) request that their identity be protected; (c) be informed when an order is made to protect their identity; and (d) be informed of their right to apply to revoke or vary an order made to protect their identity. 152 The Act is amended by adding the following after section 119: Offence in Relation to Orders Prohibiting Contact Failure to comply — orders under section 203.73 119. 01 Every person who, without reasonable excuse, fails to comply with an order made under section 203.73 is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding two years or to less punishment. 153 Subsection 158.6(1.2) of the Act is replaced by the following: Copy to victim (1.2) The custody review officer shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it. 154 Subsection 159.7(3) of the Act is replaced by the following: Copy to victim (3) The military judge shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it. 155 The heading before section 180.01 and sections 180.01 to 180.08 of the Act are replaced by the following: Admissibility of Sexual Activity Evidence Evidence of complainant’s sexual activity 180.001 (1) In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose, evidence that the complainant has engaged in sexual activity, whether with the accused person or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant (a) is more likely to have consented to the sexual activity that forms the subject matter of the charge; or (b) is less worthy of belief. Conditions for admissibility (2) In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused person or with any other person, shall not be adduced unless the military judge determines, in accordance with the procedures set out in sections 180.002, 180.003 , 180.005, 180.007, 180.17 or 180.2, as the case may be, that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and (a) if sought to be adduced by the accused person, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; or (b) if sought to be adduced by the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of military justice. Factors to be considered (3) In determining whether evidence is admissible under subsection (2), the military judge shall take into account the following factors: (a) the interests of military justice, including the right of the accused person to make a full answer and defence; (b) society’s interest in encouraging the reporting of sexual assault offences; (c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case; (d) the need to remove from the fact-finding process any discriminatory belief or bias; (e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel; (f) the potential prejudice to the complainant’s personal dignity and right of privacy; (g) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and (h) any other factor that the military judge considers relevant. Interpretation (4) For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature. For greater certainty (5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity. Procedure for Accused Person Application for hearing 180.002 (1) The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.003 to determine whether evidence is admissible under subsection 180.001(2). Form and content (2) The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused person seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator. Panel and public excluded (3) The military judge shall consider the application with the panel and the public excluded. Hearing (4) If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the evidence sought to be adduced is capable of being admissible under subsection 180.001(2), the military judge shall grant the application and hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2). Copy to complainant (5) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person. Hearing — panel and public excluded 180.003 (1) The panel and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 180.001(2). Complainant not compellable (2) The complainant is not a compellable witness at the hearing but may appear and make submissions. Right to counsel (3) The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel. Determination and reasons (4) At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Instruction to panel — use of evidence 180. 004 If evidence is admitted at trial on the basis of a determination made under subsection 180.003(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence. Procedure for Prosecutor Application 180.005 (1) The prosecutor may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, to determine whether evidence is admissible under subsection 180.001(2). Form and content (2) The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial. Clarification (3) The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history or any sworn police or military police statement. Copy of the application (4) A copy of the application must be given to the accused person and filed with the Court Martial Administrator at least 60 days before the hearing or within any shorter interval that the military judge may allow in the interests of military justice. Panel and public excluded (5) The panel and the public shall be excluded from the hearing. Complainant not compellable (6) The complainant is not a compellable witness at the hearing. Determination and reasons (7) At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Instruction to panel — use of evidence 180. 006 If evidence is admitted at trial on the basis of a determination made under subsection 180.005(7), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence. Joint Application Admissibility of sexual activity evidence 180.007 (1) The prosecutor, the accused person and the complainant may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether any evidence referred to in subsection 180.001(1) is admissible under subsection 180.001(2) without holding a hearing under section 180.003. Form and content (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and (a) the relevance of that evidence to an issue at trial; (b) how the conditions for admissibility referred to in subsection 180.001(2) are satisfied; and (c) any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.001(3). Copy to Court Martial Administrator (3) A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial. Determination and reasons (4) The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Power to grant application or hold hearing (5) If the military judge is satisfied that the evidence of sexual activity is admissible under subsection 180.001(2), taking into account the factors set out in subsection 180.001(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2). Use of evidence (6) If evidence of sexual activity is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that evidence. For greater certainty (7) For greater certainty, the complainant has the right to be represented by counsel. Instruction to panel — use of evidence 180. 008 If evidence is admitted at trial on the basis of a determination made under subsection 180.007(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence. Reputation evidence 180. 009 In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code , evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant. Production and Admissibility of Records and Therapeutic Records Definitions Definitions 180. 01 The following definitions apply in sections 180.02 to 180.2. record  means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the service offence. ( dossier ) therapeutic record  means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. ( dossier thérapeutique ) Production to Accused Person of Records and Therapeutic Records in Possession of Third Party Records and therapeutic records possessed by third party 180.02 (1) Except in accordance with sections 180.03 to 180.08, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of a third party shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose; (b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Definition of third party (2) In subsection (1), third party means a person other than the prosecutor or the accused person. Application for production 180.03 (1) An accused person who seeks production of a record or therapeutic record referred to in section 180.02 must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial. Clarification (2) For greater certainty, the application referred to in subsection (1) must not be made in any other proceedings. Form and content (3) The application must be made in writing and must set out (a) particulars identifying the record or the therapeutic record that the accused person seeks to have produced and the name of the person who has possession or control of it; (b) in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and (c) in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt. Insufficient grounds (4) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused persons’s guilt: (a) that the record or therapeutic record exists; (b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings; (d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness; (e) that the record or therapeutic record may relate to the credibility of the complainant or witness; (f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person; (h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person; (i) that the record or therapeutic record relates to the presence or absence of a recent complaint; (j) that the record or therapeutic record relates to the complainant’s sexual reputation; (k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person. Service of application and summons (5) The accused person shall serve the application on the prosecutor, on the person who has possession or control of the record or therapeutic record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.04(1) or within any shorter interval that the military judge may allow in the interests of military justice. The accused person shall also serve a summons on the person who has possession or control of the record or therapeutic record at the same time as the application is served. Service on other persons (6) The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate. Service on complainant (7) The service requirement on the accused person in subsection (5) is not fulfilled if the accused personally serves the application or a summons on the complainant. Hearing in private 180.04 (1) The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the military judge for review. Persons who may appear at hearing (2) The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing. Right to counsel (3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel. Costs (4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing. Order — production to military judge 180.05 (1) The military judge may order the person who has possession or control of the record or therapeutic record to produce it, or any part of it, to the military judge for review if, after the hearing referred to in section 180.04, the military judge is satisfied that (a) the application was made in accordance with subsections 180.03(2) to (7); (b) in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and (c) the production of all or any part of the record or therapeutic record is necessary in the interests of military justice. Factors to be considered (2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account: (a) the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence; (b) the probative value of the record or therapeutic record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record; (d) whether production of the record or therapeutic record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates; (f) society’s interest in encouraging the reporting of sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of the trial process. Review of record by military judge 180.06 (1) If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether the record or therapeutic record, or the part, should be produced to the accused person. Hearing in private (2) The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination. Provisions that apply to hearing (3) Subsections 180.04(2) to (4) apply in the case of a hearing under subsection (2). Order — production of record to accused person 180.07 (1) If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4). Order — production of therapeutic record to accused person (2) If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4). Factors to be considered (3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, the military judge shall take the factors set out in subsection 180.05(2) into account. Conditions (4) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions: (a) that the record or therapeutic record be edited as directed by the military judge; (b) that a copy of the record or therapeutic record, rather than the original, be produced; (c) that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge; (d) that the record or therapeutic record be viewed only at a location specified by the military judge; (e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and (f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record. Copy to prosecutor (5) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall direct that a copy of the record or therapeutic record, or the part, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so. Restriction on use (6) The record or therapeutic record, or the part of it, that is produced to the accused person under an order made under subsection (1) must not be used in any other proceedings. Retention by military judge (7) If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the person lawfully entitled to possession or control of it. Reasons for decision 180. 08 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.05(1) or 180.07(1) or (2). Production to Accused Person of Records and Therapeutic Records in Possession of Prosecutor Records and therapeutic records possessed by prosecutor 180.09 (1) Except in accordance with sections 180.1 to 180.15, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament , that is of a sexual nature or that is committed for a sexual purpose; (b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Permitted production (2) The prosecutor may produce to the accused person (a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused person; (b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused person; and (c) any communication between the accused person and the complainant. Duty of prosecutor to give notice (3) Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents. Application of certain provisions (4) Production under subsection (2) does not affect the application of any of sections 180.16 to 180.21, paragraphs 230(i.01) and (i.1) and 230.1(j.01) and (j.1) and section 303. Application for production 180.1 (1) An accused person who seeks production of a record or therapeutic record referred to in subsection 180.09(1) must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial. Clarification (2) For greater certainty, the application referred to in subsection (1) must not be made to a military judge presiding at any other proceedings. Form and content (3) The application must be made in writing and must set out (a) particulars identifying the record or the therapeutic record that the accused person seeks to have produced; (b) in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and (c) in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt. Insufficient grounds (4) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt: (a) that the record or therapeutic record exists; (b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings; (d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness; (e) that the record or therapeutic record may relate to the credibility of the complainant or witness; (f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person; (h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person; (i) that the record or therapeutic record relates to the presence or absence of a recent complaint; (j) that the record or therapeutic record relates to the complainant’s sexual reputation; (k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person. Service of application (5) The accused person shall serve the application on the prosecutor, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.11(1) or within any shorter interval that the military judge may allow in the interests of military justice. Service on other persons (6) The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate. Service on complainant (7) The service requirement on the accused person in subsection (5) is not fulfilled if the accused person personally serves the application on the complainant. Hearing in private 180.11 (1) The military judge shall hold a hearing in private to determine whether to order the prosecutor to produce the record or therapeutic record for review by the military judge. Persons who may appear at hearing (2) The complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing. Right to counsel (3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel. Costs (4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing. Order — production to military judge 180.12 (1) The military judge may order the prosecutor to produce the record or therapeutic record, or any part of it, to the military judge for review if, after the hearing referred to in section 180.11, the military judge is satisfied that (a) the application was made in accordance with subsections 180.1(2) to (6); (b) in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and (c) the production of all or any part of the record or therapeutic record is necessary in the interests of military justice. Factors to be considered (2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account: (a) the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence; (b) the probative value of the record or therapeutic record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record; (d) whether production of the record or therapeutic record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates; (f) society’s interest in encouraging the reporting of sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of the trial process. Review by military judge 180.13 (1) If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether it, or the part, should be produced to the accused person. Hearing in private (2) The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination. Provisions that apply to hearing (3) Subsections 180.11(2) to (4) apply in the case of a hearing under subsection (2). Order to produce record to accused person 180.14 (1) If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4). Order to produce therapeutic record to accused person (2) If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4). Factors to be considered (3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in subsection 180.12(2) into account. Conditions (4) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions: (a) that the record or therapeutic record be edited as directed by the military judge; (b) that a copy of the record or therapeutic record, rather than the original, be produced; (c) that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge; (d) that the record or therapeutic record be viewed only at a location specified by the military judge; (e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and (f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record. Restriction on use (5) The record or therapeutic record, or the part of it, that is produced to the accused person under an order under subsection (1) must not be used in any other proceedings. Retention by military judge (6) If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the prosecutor or the person lawfully entitled to possession or control of it. Reasons for decision 180. 15 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.12(1) or 180.14(1) or (2). Admissibility of Records and Therapeutic Records in Possession of Accused Person Admissibility — possession by accused person 180.16 (1) Except in accordance with this section, no record or therapeutic record relating to a complainant that is in the possession or control of the accused person — and which the accused person intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose; or (b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day. Requirements for admissibility (2) The record or therapeutic record is inadmissible in whole or in part unless the military judge determines, in accordance with the procedures set out in sections 180.17, 180.18 or 180.2, (a) if the admissibility of the record or therapeutic record, or part of it, is subject to section 180.001, that the evidence meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection (3); (b) that the record, or part of it, is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and (c) that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt. Factors to be considered (3) In determining whether the record or therapeutic record, or part of it, is admissible under subsection (2), the military judge shall take into account the following factors: (a) the interests of military justice, including the right of the accused person to make a full answer and defence; (b) society’s interest in encouraging the reporting of sexual assault offences; (c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; (d) whether there is a reasonable prospect that the record or therapeutic record, or part of it, will assist in arriving at a just determination in the case; (e) the need to remove from the fact-finding process any discriminatory belief or bias; (f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel; (g) the potential prejudice to the complainant’s personal dignity and right of privacy; (h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and (i) any other factor that the military judge considers relevant. Application for hearing 180.17 (1) The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.18 to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2). Form and content (2) The application must be made in writing and must be accompanied by an affidavit setting out (a) detailed particulars of the record or the therapeutic record, or the part of it, that the accused person seeks to adduce; (b) in the case of a record, or a part of one, the relevance of that evidence to an issue at trial; and (c) in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused person’s guilt. Copy of the application (3) A copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator. Panel and public excluded (4) The military judge shall consider the application with the panel and the public excluded. Hearing (5) If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the military judge shall grant the application and hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2). Copy to complainant (6) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person. Hearing — panel and public excluded 180.18 (1) The panel and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2). Complainant not compellable (2) The complainant is not a compellable witness at the hearing but may appear and make submissions. Right to counsel (3) The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel. Determination and reasons (4) At the conclusion of the hearing, the military judge shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and (a) if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted; (b) the reasons must state the factors referred to in subsection 180.16(3) that affected the determination; (c) if all or any part of the record is to be admitted, the reasons must state the manner in which it is expected to be relevant to an issue at trial; and (d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused person’s guilt and why the military judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt. Instruction to panel — use of evidence 180. 19 If evidence is admitted at trial on the basis of a determination made under subsection 180.18(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence. Joint Application Admissibility of record 180.2 (1) The prosecutor and the accused person, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether the record, or part of it, is admissible under subsection 180.16(2) without holding a hearing under section 180.18. Form and content (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and (a) the relevance of that record or part to an issue at trial; (b) if the admissibility of the record or part is subject to section 180.001, how it meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection 180.16(3); (c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and (d) any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.16(3). Copy to Court Martial Administrator (3) A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial. Determination and reasons (4) The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted; (b) the reasons must state the factors referred to in subsection 180.001(3) or 180.16(3) that affected the determination; and (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial. Power to grant application or hold hearing (5) If the military judge is satisfied that the record, or part of it, is admissible under subsection 180.16(2), the military judge shall grant the application. If the military judge is not so satisfied, they shall hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2). Use of evidence (6) If the record, or part of it, is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that record or part. For greater certainty — therapeutic record (7) For greater certainty, this section does not apply to a therapeutic record. For greater certainty — right to counsel (8) For greater certainty, the complainant or any witness has the right to be represented by counsel. Instruction to panel — use of evidence 180. 21 If evidence is admitted at trial on the basis of a determination made under subsection 180.2(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence. 156 [ Deleted ] 157 (1) Subsections 183.1(1) and (2) of the Act are replaced by the following: Support person or animal — witnesses under 18 or who have disability 183.1 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Victims — certain offences (1.1) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Inquiry by court (1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. Other witnesses (2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. (2) Subsection 183.1(6) of the Act is replaced by the following: No adverse inference (6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section. 158 (1) Subsections 183.2(1) and (2) of the Act are replaced by the following: Testimony outside courtroom — witnesses under 18 or who have disability 183.2 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Victims — certain offences (1.1) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Inquiry by court (1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. Other witnesses (2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. (2) Subsections 183.2(5) and (6) of the Act are replaced by the following: Conditions of exclusion (5) A witness shall not testify outside the courtroom in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony. No adverse inference (6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section. 159 Subsection 183.3(2) of the Act is replaced by the following: Accused not to cross-examine victim — certain offences (2) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination. Inquiry by court (2.1) If an application for an order under subsection (1) or (2) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made. 160 Section 189 of the Act is renumbered as subsection 189(1) and is amended by adding the following: Considerations (2) In deciding whether to adjourn the proceedings, the court martial shall consider the interests of military justice, including the interests of any victim of the service offence in question if information related to the victim’s interests is readily available. 161 The Act is amended by adding the following after section 196.1: Division 6. 01 Unreasonable Delay Definition Definition of unreasonable delay 196. 101 In this Division, unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms . Jurisdiction Jurisdiction not lost 196. 102 A finding of unreasonable delay in respect of any proceedings does not deprive a court martial seized with those proceedings of jurisdiction in respect of the offence, the accused person or the offender. Application Stay of proceedings 196. 103 A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Division. Common law rules and principles 196. 104 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Division. Notice to Victims Reasonable steps to inform 196.105 (1) If an application for a finding of unreasonable delay is filed with the court martial, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application. Court martial to inquire if notice given (2) The court martial shall, at the time the application is heard, inquire of the prosecutor if reasonable steps have been taken to inform the victims, if any, of the filing of the application. Notice of court martial’s decision (3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision. Decision not precluded (4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court martial from making a decision in respect of the application. Case Complexity Case complexity — factors 196.106 (1) In determining whether there has been or will be unreasonable delay, the court martial shall consider whether there are any relevant factors that contributed or will contribute to making the case complex. Applications and motions — factors (2) If the case involved or will involve applications or motions, either before, during or after the trial, the court martial shall also consider the following factors in assessing whether the case is complex: (a) the number of applications or motions; (b) whether any of the applications or motions required or will require scheduling court martial dates separately and in advance of trial dates; (c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions; (d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions; (e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions; (f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated; (g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and (h) any factor that the court martial finds relevant in assessing the complexity of the applications or motions. Days to Be Excluded Exclusions — sexual offence proceedings 196. 107 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods: (a) in respect of any application made under section 180.002, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.003, (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; (b) in respect of any application made under section 180.03 or 180.1, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 180.04(1) or 180.11(1) to the persons referred to in subsection 180.03(5) or 180.1(5), (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; (c) in respect of any application made under section 180.17, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.18, (i) the period that consists of the cumulative number of days it took to hear the application, and (ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application. Exclusions — Canada Evidence Act 196. 108 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods: (a) in the case where an objection was made under subsection 37(1) of the Canada Evidence Act before a court martial and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined; (b) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined. Exclusion — Canadian Security Intelligence Service Act 196. 109 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined. Actions not made in good faith 196. 1091 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 196.107 to 196.109, the court martial shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada. Alternative Remedies to Stay of Proceedings Alternative remedies to be considered 196.1092 (1) A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances. Factors to be considered (2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court martial shall take into account the following factors: (a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable; (b) the impact that a stay of proceedings is likely to have on any victim of the offence; (c) the prejudice that has been or would be suffered by the accused person or offender as a result of unreasonable delay; (d) the public’s trust in the administration of military justice; (e) the maintenance of discipline, efficiency and morale of the Canadian Forces; and (f) the interest that society has in having a final decision on the merits. 162 Paragraph 203.6(3)(b) of the Act is replaced by the following: (b) reading it in the presence and close proximity of any support person of the victim’s choice or a support animal; 163 (1) Section 203.71 of the Act is amended by adding the following after subsection (1): Inquiry by court martial (1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1). Adjournment (1.2) On application of the prosecutor or a person acting on behalf of the Canadian Forces or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (5) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. (2) Section 203.71 of the Act is amended by adding the following after subsection (4): Evidence concerning Canadian Forces admissible (5) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the Canadian Forces for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely. 164 (1) Section 203.72 of the Act is amended by adding the following after subsection (1): Inquiry by court martial (1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1). Adjournment (1.2) On application of the prosecutor or the community or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. (2) The portion of subsection 203.72(3) of the Act before paragraph (a) is replaced by the following: Presentation of statement (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by (3) Paragraph 203.72(3)(b) of the Act is replaced by the following: (b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal; (4) Section 203.72 of the Act is amended by adding the following after subsection (5): Evidence concerning community admissible (6) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely. 165 The Act is amended by adding the following after section 203.72: Order Prohibiting Contact Order prohibiting contact 203.73 (1) When an offender is convicted of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the court martial that imposes a sentence on the offender may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court martial considers necessary. Duration of prohibition (2) The prohibition may be for life or for any shorter duration that the court martial considers desirable. Application to vary order (3) The person identified in the order or the prosecutor may at any time make an application to vary the order. Jurisdiction (4) The application shall be made to the Chief Military Judge if the offender is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 729.2 of the Criminal Code . Court martial (5) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue. Variation of order (6) A court martial may require the offender to appear before it and, after giving the offender and the applicant an opportunity to make representations, may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed. (7) [ Deleted ] 166 Subsection 215(1.2) of the Act is replaced by the following: Copy to victim (1.2) The court martial or the Court Martial Appeal Court, as the case may be, shall cause a copy of the decision to be given to a victim of the offence if the victim wishes to receive it. 167 Paragraph 230(i.1) of the Act is replaced by the following: (i.01) the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5); (i.1) the legality of a decision not to make an order under subsection 180.05(1) or 180.12(1) or of a decision to make or not to make an order under subsection 180.07(1) or (2) or 180.14(1) or (2); 168 Paragraph 230.1(j.1) of the Act is replaced by the following: (j.01) the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5); (j.1) the legality of a decision to make an order under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2); 169 Subsection 248.3(3) of the Act is replaced by the following: Copy to victim (3) The court martial, military judge or judge, as the case may be, shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it. 170 (1) Subsection 303(1) of the Act is replaced by the following: Publication prohibited 303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.03(1), 180.1(1), 180.17(1) or 180.2(1); (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.17(1) or 180.2(1) or at a hearing under subsection 180.003(1), section 180.005, subsection 180.04(1), 180.06(2), 180.11(1) or 180.13(2) or section 180.18; (c) the determination made under subsection 180.002(4) or 180.17(5) unless the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the decision and the reasons may be published, broadcast or transmitted; (d) the determination made and the reasons provided under subsection 180.003(4) or 180.005(7) or section 180.007 unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted; (e) the determination made under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2) and the reasons provided under section 180.08 or 180.15, unless the military judge, after taking into account the right to privacy of the person to whom the record or therapeutic record relates and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted; (f) the determination made and the reasons provided under subsection 180.18(4) or section 180.2, unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted. Exception (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (f) is (a) made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or (c) made by the complainant or any witness and it is made for a purpose other than to make the information known in the community, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness. (2) Subsection 303(3) of the Act is replaced by the following: Definitions (3) In this section, record and therapeutic record have the same meanings as in section 180.01. 171 The Act is amended by adding the following after section 303.1: Failure to comply — orders under section 203.73 303. 2 Every person who fails, without lawful excuse, to comply with an order made under section 203.73 is (a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) guilty of an offence punishable on summary conviction. Transitional Provisions Definitions 172 The following definitions apply in sections 173 to 178 . Act  means the National Defence Act . ( Loi ) commencement day  means the 30th day after the day on which this Act receives royal assent. ( date de référence ) Production and admissibility 173 Sections 180.001 to 180.21 of the Act, as enacted by section 155 , paragraphs 230(i.01) and (i.1) of the Act, as enacted by section 167 , paragraphs 230.1(j.01) and (j.1) of the Act, as enacted by section 168 and subsections 303(1) and (3) of the Act, as enacted by section 170 , apply only to a service offence in respect of which a charge is laid on or after the commencement day. Testimonial aids 174 For greater certainty, sections 183.1, 183.2 and 183.3 of the Act, as amended by sections 157 , 158 and 159 , respectively, apply with respect to any matter or proceeding that is ongoing on commencement day. Adjournment 175 For greater certainty, subsection 189(2) of the Act applies with respect to any matter or proceeding that is ongoing on commencement day. Division 6.01 176 For greater certainty, Division 6.01 of the Act applies only with respect to an offence that is committed on or after the commencement day. Victim, military and community impact statements 177 For greater certainty, paragraph 203.6(3)(b) of the Act, as enacted by section 162 , and sections 203.71 and 203.72 of the Act, as amended by sections 163 and 164 , respectively, apply with respect to any matter or proceeding that is ongoing on commencement day. Order prohibiting contact 178 For greater certainty, section 203.73 of the Act applies only with respect to an offence that is committed on or after commencement day. 2011, c. 4; 2024, c. 23, subpar. 12(a)(i) An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service 179 An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service is amended by adding the following before the heading before section 1: Short Title Short title 0. 1 This Act may be cited as the Mandatory Reporting Act . 180 The definition Internet service in subsection 1(1) of the Act is replaced by the following: Internet service  includes (a) a service providing Internet access; (b) a service providing Internet content hosting, regardless of the originator of the content or the manner by which the content is made accessible; and (c) a service facilitating interpersonal communication over the Internet, including a service providing electronic mail. ( services Internet ) 181 Sections 3 and 4 of the Act are replaced by the following: Duty to notify 3 (1) A person who provides an Internet service to the public and who has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence must notify the law enforcement body designated by the regulations of that fact as soon as feasible and in accordance with the regulations, if (a) the offence has been committed by means of a computer system , as defined in subsection 342.1(2) of the Criminal Code , that is located in Canada; (b) the person has possession or control of the computer system; and (c) the child sexual abuse and exploitation material related to the offence is stored on the computer system. Transmission data (2) If the material related to the offence is manifestly child sexual abuse and exploitation material, the person must include with the notification a document containing any transmission data , as defined in section 487.011 of the Criminal Code , related to the material that could assist in the investigation of the offence. (3) [ Deleted ] Preservation of computer data 4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for one year after the day on which the notification is made. Destruction of preserved computer data (2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the end of the one-year period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or any Act of the legislature of a province. 182 The Act is amended by adding the following after section 9: Reporting information — foreign jurisdiction 9. 01 A person who provides an Internet service to the public and who reports, in compliance with an obligation under the laws of a foreign jurisdiction, information related to a child sexual abuse and exploitation material offence is not required to provide a notification under section 3 with respect to the offence. For greater certainty — Privacy Act 9. 1 For greater certainty, this Act is not to be construed as limiting in any way any obligation under the Privacy Act or any applicable provincial privacy legislation. 183 Section 11 of the Act is replaced by the following: Limitation period 11 A prosecution for an offence under this Act cannot be commenced more than five years after the time when the act or omission giving rise to the prosecution occurred. 184 (1) Paragraph 12(a) of the Act is replaced by the following: (a) specifying the services included in the definition Internet service in subsection 1(1); (a.1) designating an organization for the purpose of section 2; (2) Section 12 of the Act is amended by adding the following after paragraph (c): (c.1) designating a law enforcement body for the purpose of section 3; (3) Section 12 of the Act is amended by adding the following after paragraph (d): (d.1) requiring the law enforcement body designated under paragraph (c.1) to submit to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness an annual report in relation to the information that it receives under this Act; (d.2) specifying the form and content of the annual report referred to in paragraph (d.1), as well as the time and manner of its submission; 1995, c. 39 Firearms Act 185 Section 6.1 of the Firearms Act is replaced by the following: Protection orders, etc. 6. 1 Subject to section 70.3 and the regulations, an individual is not eligible to hold a licence if (a) they are subject to a protection order; (b) they have been convicted of an offence in the commission of which violence was used, threatened or attempted against their intimate partner or any member of their family; or (c) a chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence , as defined in subsection 70.1(2), or stalking. 186 Subsections 72(4) and (5) of the Act are replaced by the following: Disposal of firearms, etc. (4) A notice given under subsection (1) in respect of a licence must specify that the applicant for or holder of the licence must deliver to a peace officer or a firearms officer or a chief firearms officer any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a firearm, prohibited weapon, restricted weapon or prohibited device or such prohibited ammunition during that period. Disposal of firearms — registration certificate (5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify that the applicant for or holder of the registration certificate must deliver to a peace officer or a firearms officer or a chief firearms officer the firearm to which the registration certificate relates within 24 hours or, if that is not possible, within an extended period established by the chief firearms officer. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder in relation to such a prohibited firearm or restricted firearm during that period. 1992, c. 20 Corrections and Conditional Release Act Amendments to the Act 187 Subsection 2(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order: historical information  means information about a person who was, but is no longer, in the care and custody or under the supervision of the Service; ( renseignement historique ) 188 Section 17.1 of the Act is amended by adding the following after subsection (4): Conditions — protection of victim (4.1) If the victim or a person referred to in subsection 26(3) or 142(3) has provided a statement describing the harm, property damage or loss suffered by them as a result of the commission of the offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the inmate, the Parole Board of Canada or the institutional head, as the case may be, must impose any conditions on the temporary absence of the inmate authorized under subsection (1) that it considers reasonable and necessary in order to protect the victim, including a condition requiring that the inmate abstain from having any contact, including communication by any means, with the victim or from going to any specified place. 189 The Act is amended by adding the following after section 23: Victim statement 23.1 (1) Before placing the offender in a penitentiary, the Service must take reasonable steps to enable the victim or a person referred to in subsection 26(3) to submit a statement of the harm, property damage or loss suffered by them as a result of the commission of the offence or its continuing impact on them and any concerns they may have about the location of the penitentiary in which the offender is confined. Subparagraph 26(1)(c)(iv) (2) If the Commissioner discloses information under subparagraph 26(1)(c)(iv), the Service must take reasonable steps to enable the victim or a person referred to in subsection 26(3) to submit a statement of the harm, property damage or loss suffered by them as a result of the commission of the offence or its continuing impact on them and any concerns they may have about the location of the penitentiary in which the offender is confined before the Commissioner makes a decision in respect of the offender’s transfer request, unless it is not practicable to do so. 190 Section 25 of the Act is replaced by the following: Service to give information to parole boards, etc. 25 (1) The Service must give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police and any body authorized by the Service to supervise offenders, all information, including historical information, under its control that is relevant to release decision-making or to the supervision or surveillance of offenders. Notice to police (2) Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service must notify the police. Service to give information to police (3) If the Service has reasonable grounds to believe that an offender whose sentence or long-term supervision order is about to expire poses a threat to any person, the Service must, prior to the expiry and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat. Arrangement — component of criminal justice system 25.1 (1) The Service may enter into an arrangement with another component of the criminal justice system in order to disclose information about offenders. Information disclosure (2) The Service may, in accordance with an arrangement referred to in subsection (1), disclose to the component of the criminal justice system information, including historical information, about an offender if the Service is satisfied that (a) the information requested is relevant to the mandate and responsibilities of that component of the criminal justice system; and (b) the purpose of the disclosure is to further the proper functioning of the criminal justice system by (i) facilitating the functions of a coroner or a medical examiner, (ii) facilitating the carrying out of a fatality inquest or inquiry, (iii) facilitating the process for a request for extradition, (iv) supporting the functions of the components of the criminal justice system that track high-risk offenders and coordinate information sharing about those offenders, (v) enabling Crown attorneys to make an application under Part XXIV of the Criminal Code for a finding that a person is a dangerous offender or a long-term offender, or (vi) carrying out any other prescribed matter. Information disclosure — correctional authorities 25. 2 The Service may, for the purpose of furthering the proper functioning of the criminal justice system, disclose to the correctional authorities of a province (a) information, including historical information, related to activities that jeopardize the safety of any person or the security of a correctional facility, including the identities, capabilities and intentions of the persons involved in those activities and the methods they use to carry them out; (b) information, including historical information, related to the care and custody of a person who is or is to be in the lawful custody of that correctional authority; and (c) information, including historical information, related to a security threat group identified in accordance with the Commissioner’s Directives, including information related to the persons associated with the group, its structure, its activities — including recruitment activities — and its internal dynamics, as well as its relationships with one or more such groups. Information disclosure — police 25. 3 The Commissioner or a staff member designated by the Commissioner may disclose to the police (a) information related to activities that jeopardize the safety of any person or the security of a penitentiary, including the identities of persons involved in those activities, their intentions and capabilities with respect to those activities and their methods of carrying them out, for the purpose of preventing or mitigating the harm resulting from those activities; (b) information related to a security threat group identified in accordance with the Commissioner’s Directives, including information related to the persons associated with the group, its structure, its activities — including recruitment activities — and its internal dynamics, as well as its relationships with one or more such groups, for the purpose of managing risks to the safety of any person or to the public or to the security of a penitentiary; (c) information related to an activity of an offender, for the purpose of protecting a victim in accordance with the Canadian Victims Bill of Rights ; (d) information related to an offender for whom a warrant of apprehension referred to in subsection 137(1) is issued, including data from a monitoring device, for the purpose of locating and apprehending the offender; (e) information related to an offender who is at risk of non-compliance with a condition of their unescorted temporary absence, parole, statutory release or long-term supervision, for the purpose of supervision or surveillance of the offender; (f) information related to an offender, for the purpose of supporting the consideration of their temporary absence request or release plan for parole or of planning for their statutory release or long-term supervision; (g) information related to a person, if (i) the Commissioner or the staff member designated by the Commissioner is satisfied that there are reasonable grounds to believe that the person has committed a criminal offence, and (ii) the Service obtained the information in the course of exercising its powers or performing its duties and functions under this Act or any other Act of Parliament; and (h) information related to any other prescribed matter. Principles 25. 4 The principles that guide the Service in sharing information under sections 25.1 to 25.3 are as follows: (a) an offender is expected not to reoffend or continue to be involved in criminal activity while under sentence or supervision; (b) the Service furthers the protection of society and promotes offender accountability by sharing relevant information at the appropriate time with appropriate components of the criminal justice system; (c) the Service furthers the rehabilitation and reintegration of an offender into society as a law-abiding citizen by sharing relevant information at an appropriate time with federal and provincial authorities so that those authorities can carry out their mandated duties in relation to that purpose; (d) the Service discloses personal information in a reasonable and proportionate manner, with a view to minimizing negative impacts on, or risks to, the affected individual; (e) the Service takes reasonable measures to limit the disclosure of any irrelevant personal information; (f) the Service documents all disclosures of personal information, including the legal authority for, and the purpose and recipient of, the disclosure and maintains records in respect of those disclosures; (g) the Service takes reasonable measures to ensure that any personal information it discloses is accurate, up to date and complete; and (h) the Service is accountable in respect of the disclosure of personal information under this Act and it undertakes a transparent and ongoing review of its information disclosure practices, with a view to improving them. Digital interface — required disclosure 25.5 (1) If the Service is authorized to disclose information about offenders under this Act or any other Act of Parliament and the Service intends make the disclosure by providing access to a digital interface it administers, it must enter into an arrangement with the recipient of the information. Arrangement (2) An arrangement referred to in subsection (1) must include provisions requiring (a) security measures for ensuring that only authorized users are able to access the digital interface for the intended purpose; (b) measures for identifying a privacy breach and notifying the parties to the arrangement of that breach; and (c) any other prescribed measure. Definition of digital interface (3) In this section, digital interface means a website, application or other electronic medium through which data or digital content is collected, viewed, consumed, delivered or interacted with. 191 (1) Subparagraphs 26(1)(b)(ii) to (ii.2) of the Act are replaced by the following: (ii) the name and location of the penitentiary — and the security classification assigned under section 29.1 to the penitentiary or the area in the penitentiary — in which the sentence is being served, (2) Subsection 26(1) of the Act is amended by striking out “and” at the end of subparagraph (c)(iii) and by adding the following after subparagraph (c)(iii): (iv) in accordance with the Commissioner’s Directives, a request submitted by the offender for a transfer referred to in section 29, (v) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served, (vi) the security classification that is assigned to the offender under subsection 30(1); and (3) Subsection 26(1.1) of the Act is replaced by the following: Timing of disclosure — release (1.1) The Commissioner must disclose the information referred to in subparagraphs (1)(c)(i) to (iii) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner must disclose it at least 14 days before that day. Timing of disclosure — transfer (1.11) The Commissioner must disclose the information referred to in subparagraph (1)(c)(v) before the day on which the offender is transferred, unless it is not practicable to do so. (4) Section 26 of the Act is amended by adding the following after subsection (1.2): Disclosure — explanation (1.3) Any disclosure made under subparagraph (1)(a)(iv) or (1)(c)(i) must include an explanation of how the applicable dates are determined. 192 Section 28 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) the location of the penitentiary, if a victim has expressed concerns to the Service about the location of the penitentiary in which the sentence is being served. 193 (1) Subsection 133(3.2) of the Act is replaced by the following: Written reasons (3.2) If, after receiving a statement referred to in subsection (3.1), the releasing authority decides not to impose a condition that is requested in the statement, the releasing authority must provide written reasons for that decision. (2) Paragraph 133(6)(b) of the English version of the Act is replaced by the following: (b) in respect of conditions imposed under subsection (3), (3.1), (4) or (4.1), remove or vary any such condition. 194 (1) The portion of subsection 140(13) of the Act before paragraph (a) is replaced by the following: Audio recording (13) Subject to any conditions specified by the Board, a victim, a person referred to in subsection 142(3) or a person designated under subsection 142(3.1) is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers (2) Paragraph 140(13)(b) of the Act is replaced by the following: (b) should not be heard by the victim, a person referred to in subsection 142(3) or a person designated under subsection 142(3.1), because the privacy interest of any person clearly outweighs the interest of the victim or the person. 195 (1) Subparagraph 142(1)(a)(iv) of the Act is replaced by the following: (iv) eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences, parole or escorted temporary absences that are authorized under section 17.1 or approved under section 746.1 of the Criminal Code ; and (2) Subparagraph 142(1)(b)(iii) of the Act is replaced by the following: (iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board approves the absence as required by section 746.1 of the Criminal Code , parole or statutory release, (3) Subparagraphs 142(1)(b)(v) and (vi) of the Act are replaced by the following: (iv.1) the reason for the postponement of a review, (iv.2) the outcome of any decision made by the Board in respect of the conditional release of the offender under this Part or of a request for an escorted temporary absence authorized under section 17.1 or approved under section 746.1 of the Criminal Code , (v) the reasons for, and any of the conditions attached to, the offender’s unescorted temporary absence or escorted temporary absence authorized under section 17.1 or approved under section 746.1 of the Criminal Code , (v.1) any of the conditions attached to the offender’s parole or statutory release, (vi) the destination of the offender on any unescorted temporary absence, parole, statutory release or escorted temporary absence authorized under section 17.1 or approved under section 746.1 of the Criminal Code , and whether the offender will be in the vicinity of the victim while travelling to that destination, (4) Section 142 of the Act is amended by adding the following after subsection (1): Disclosure — explanation (1.1) Any disclosure made under subparagraph (1)(a)(iv) or (1)(b)(iii) must include an explanation of how the applicable dates are determined. 196 Subsection 144(1) of the Act is replaced by the following: Registry of decisions 144 (1) The Board must maintain a registry of the decisions it renders under Part I or this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions. Transitional Provision Section 25.5 — Corrections and Conditional Release Act 197 Section 25.5 of the Corrections and Conditional Release Act , as enacted by section 190 , does not apply to the disclosure of information about offenders by the Correctional Service of Canada through a digital interface that it administers until the 181st day after the day on which section 190 comes into force, if the disclosure is made under an arrangement entered into before that day. R.S., c. 30 (4th Supp.) Mutual Legal Assistance in Criminal Matters Act 198 The definition state or entity in subsection 2(1) of the Mutual Legal Assistance in Criminal Matters Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) a supranational body with responsibility for investigating or prosecuting criminal matters that is named in the schedule or that is a party to an agreement with Canada. ( État ou entité ) 199 Section 4 of the Act is replaced by the following: Designation 4 (1) The following are designated as states or entities for the purposes of this Act: (a) international criminal courts and tribunals that are named in the schedule; and (b) supranational bodies with responsibility for investigating or prosecuting criminal matters that are named in the schedule. Amendments to schedule (2) The Minister of Foreign Affairs may, with the agreement of the Minister, by order, add to the schedule the name of any international criminal court or tribunal and of any supranational body with responsibility for investigating or prosecuting criminal matters or delete any name from the schedule. 200 Subsection 6(1) of the Act is replaced by the following: Administrative arrangements if no agreement 6 (1) If there is no agreement between Canada and a state or entity, or if the name of an international criminal court or tribunal or of a supranational body with responsibility for investigating or prosecuting criminal matters does not appear in the schedule, the Minister of Foreign Affairs may, with the agreement of the Minister, enter into an administrative arrangement with the state or entity, international criminal court or tribunal or supranational body providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be an indictable offence. 201 The schedule to the Act is amended by adding the following in alphabetical order: European Public Prosecutor’s Office Coordinating Amendments Bill C-9 202 (1) Subsections (2) and (3) apply if Bill C-9, introduced in the 1st session of the 45th Parliament and entitled the Combatting Hate Act (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 48 (2) of this Act comes into force before subsection 9(2) of the other Act, then, on the day on which that subsection 9(2) comes into force, paragraph 515(4.3)(b) of the Criminal Code is amended by deleting “264” and by making any necessary modifications as a consequence. (3) If subsection 9(2) of the other Act comes into force on the same day as subsection 48 (2) of this Act, then that subsection 9(2) is deemed to come into force before that subsection 48 (2). (4) On the first day on which both section 11 of the other Act and section 68 of this Act are in force, section 726.21 of the Criminal Code , as enacted by section 11 of the other Act, is renumbered as section 726.22 and is repositioned accordingly if required. Bill C-11 203 (1) Subsections (2) and (3) apply if Bill C-11, introduced in the 1st session of the 45th Parliament and entitled the Military Justice System Modernization Act (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 4 of the other Act and section 150 of this Act are in force, paragraph 71.041(b) of the National Defence Act is replaced by the following: (b) the Provost Marshal General; and (3) On the first day on which both section 7 of the other Act and subsection 12 (1) of this Act are in force, paragraph 70(d) of the National Defence Act is amended by adding the following after subparagraph (viii): (viii.1) subsection 160(3.1) (representation of bestiality), Bill C-14 204 (1) Subsections (2) to (8) apply if Bill C-14, introduced in the 1st session of the 45th Parliament and entitled the Bail and Sentencing Reform Act (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 23(3) of the other Act comes into force before subsection 48 (1) of this Act, then that subsection 48 (1) is replaced by the following: 48 (1) Paragraph 515(4.1)(d) of the Act is repealed. (3) If subsection 48 (1) of this Act comes into force before subsection 23(3) of the other Act, then, on the day on which that subsection 23(3) comes into force, paragraph 515(4.1)(d) of the Criminal Code is repealed. (4) If subsection 23(3) of the other Act comes into force on the same day as subsection 48 (1) of this Act, then that subsection 23(3) is deemed to have come into force before that subsection 48 (1) and subsection (2) applies as a consequence. (5) If subsection 48 (2) of this Act comes into force before subsection 23(5) of the other Act, then that subsection 23(5) is replaced by the following: (5) Paragraph 515(4.3)(b) of the Act is amended by adding, in sequential order, a reference to section 346 of the Act and by making any necessary modifications in consequence. (6) If subsection 23(5) of the other Act comes into force on the same day as subsection 48 (2) of this Act, then that subsection 23(5) is deemed to have come into force before that subsection 48 (2). (7) If section 124 of this Act comes into force before section 60 of the other Act, then that section 60 is repealed. (8) If section 60 of the other Act and section 124 of this Act come into force on the same day, then that section 60 is deemed to have come into force before that section 124 . Bill C-221 205 (1) Subsections (2) to (7) apply if Bill C-221, introduced in the 1st session of the 45th Parliament and entitled An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims) (in this section referred to as the “other Act”), receives royal assent. (2) If section 1 of the other Act comes into force before subsection 191 (4) of this Act, then, on the day on which that subsection 191 (4) comes into force, (a) subparagraph 26(1)‍(a)‍(iv) of the Corrections and Conditional Release Act is replaced by the following: (iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole; (b) subparagraph 26(1)‍(c)‍(i) of the Corrections and Conditional Release Act is replaced by the following: (i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release, (3) If subsection 191 (4) of this Act comes into force before section 1 of the other Act, then that section 1 is deemed never to have come into force and is repealed. (4) If section 1 of the other Act comes into force on the same day as subsection 191 (4) of this Act, then that section 1 is deemed never to have come into force and is repealed. (5) If section 195 of this Act comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed. (6) If section 2 of the other Act comes into force on the same day as section 195 of this Act, then that section 2 is deemed never to have come into force and is repealed. Coming into Force 30th day after royal assent 206 (1) Subject to subsections (2) to (4), the provisions of this Act, other than sections 202 to 205 , come into force on the 30th day after the day on which this Act receives royal assent. Second anniversary or order in council (2) Subsection 2 (2), section 4 , subsection 24 (5), sections 28 and 42 , subsection 45 (2) and sections 88 to 91 and 93 come into force on the second anniversary of the day on which this Act receives royal assent or on an earlier day to be fixed by order of the Governor in Council, but that earlier day must be after the 30th day referred to in subsection (1). Order in council (3) Sections 179 to 184 come into force on a day or days to be fixed by order of the Governor in Council. Order in council (4) Sections 188 , 189 and 191 to 196 come into force on a day to be fixed by order of the Governor in Council.