Bill S-215: An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women)

Criminal Code First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 SENATE OF CANADA BILL S-215 An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women) AS PASSED BY THE SENATE December 15, 2016 4211523 SUMMARY This enactment amends the Criminal Code to require a court, when imposing a sentence for certain violent offences, to consider the fact that the victim is an Aboriginal woman to be an aggravating circumstance. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 SENATE OF CANADA BILL S-215 An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women) Preamble Whereas the Canadian Charter of Rights and Freedoms guarantees to all individuals equality before and under the law and the right to the equal protection and equal benefit of the law without discrimination; Whereas Aboriginal women have been for many decades and are still far more likely than non-Aboriginal women to go missing or be victims of murder or other violent crimes; And whereas it is important to denounce and deter violent crimes against Aboriginal women; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. C-46 Criminal Code 1 The Criminal Code is amended by adding the following after section 239: Sentencing — aggravating circumstance 239.‍1 When a court imposes a sentence for an offence referred to in section 235, 236 or 239, it shall consider as an aggravating circumstance the fact that the victim of the offence is a female person who is Indian, Inuit or Métis. 2 The Act is amended by adding the following after section 273: Sentencing —aggravating circumstance 273.‍01 When a court imposes a sentence for an offence referred to in paragraph 264.‍1(1)‍(a) or any of sections 265 to 269 or 271 to 273, it shall consider as an aggravating circumstance the fact that the victim of the offence is a female person who is Indian, Inuit or Métis. Published under authority of the Senate of Canada