Bill C-269: An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (sentencing) and to make consequential amendments to another Act

Criminal Code Controlled Drugs and Substances Act Consequential Amendments to the Criminal Records Act First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-269 An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (sentencing) and to make consequential amendments to another Act FIRST READING, MAY 5, 2016 Ms. May 421015 SUMMARY This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to eliminate minimum penalties for certain offences. It also makes consequential amendments to the Criminal Records Act. 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 HOUSE OF COMMONS OF CANADA BILL C-269 An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (sentencing) and to make consequential amendments to another Act 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of Canada, enacts as follows: R.‍S.‍, c. C-46 Criminal Code 1 Subsections 84(5) and (6) of the Criminal Code are repealed. 2 Subsection 85(3) of the Act is replaced by the following: Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. 3 Subsection 92(3) of the Act is replaced by the following: Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years. 4 Paragraph 95(2)‍(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or 5 Paragraph 96(2)‍(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or 6 Subsections 99(2) and (3) of the Act are replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years. 7 Subsections 100(2) and (3) of the Act are replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years. 8 Paragraph 102(2)‍(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or 9 Subsections 103(2) and (2.‍1) of the Act are replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years. 10 (1) Paragraph 121.‍1(4)‍(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 five years; or (2) Subsection 121.‍1(5) of the Act is repealed. 11 Paragraphs 151(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 12 Paragraphs 152(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 13 Paragraphs 153(1.‍1)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 14 Subsection 155(2) of the Act is replaced by the following: Punishment (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years. 15 Paragraphs 160(3)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.‍ 16 (1) Subsections 163.‍1(2) and (3) of the Act are replaced by the following: Making child pornography (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. Distribution, etc. of child pornography (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. (2) Paragraphs 163.‍1(4)‍(a) and (b) of the Act are replaced by the following: (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. (3) Paragraphs 163.‍1(4.‍1)‍(a) and (b) of the Act are replaced by the following: (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day.‍ 17 Section 170 of the Act is replaced by the following: Parent or guardian procuring sexual activity 170 Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 18 Section 171 of the Act is replaced by the following: Householder permitting sexual activity 171 Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 19 Paragraphs 171.‍1(2)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 20 Paragraphs 172.‍1(2)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 21 Paragraphs 172.‍2(2)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day. 22 Paragraphs 173(2)‍(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than six months. 23 Subsection 202(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term of not more than two years. 24 (1) The portion of section 203 of the Act before paragraph (a) is replaced by the following: Placing bets on behalf of others 203 Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who (2) The portion of section 203 of the Act after paragraph (c) is repealed. 25 Section 220 of the Act is replaced by the following: Causing death by criminal negligence 220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable to imprisonment for life. 26 Section 236 of the Act is replaced by the following: Manslaughter 236 Every person who commits manslaughter is guilty of an indictable offence and liable to imprisonment for life. 27 Section 239 of the Act is replaced by the following: Attempt to commit murder 239 Every person who attempts by any means to commit murder is guilty of an indictable offence and liable to imprisonment for life. 28 Subsections 244(2) to (4) of the Act are replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. 29 Subsections 244.‍2(3) to (5) of the Act are replaced by the following: Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years. 30 (1) Paragraph 255(1)‍(a) of the Act is repealed. (2) Subsection 255(3.‍3) of the Act is repealed. 31 Paragraphs 271(a) and (b) of the Act are replaced by the following: (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day. 32 (1) Paragraphs 272(2)‍(a) to (a.‍2) of the Act are replaced by the following: (a) if the complainant is under the age of 16 years, to imprisonment for life; and (2) Subsections 272(3) and (4) of the Act are repealed. 33 Subsections 273(2) to (4) of the Act are replaced by the following: Aggravated sexual assault (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable to imprisonment for life. 34 Subsections 279(1.‍1) to (1.‍3) of the Act are replaced by the following: Punishment (1.‍1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life. 35 Paragraphs 279.‍01(1)‍(a) and (b) of the Act are replaced by the following: (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than 14 years in any other case. 36 Paragraphs 279.‍011(1)‍(a) and (b) of the Act are replaced by the following: (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or (b) to imprisonment for a term of not more than fourteen years, in any other case. 37 Subsection 279.‍02(2) of the Act is replaced by the following: Material benefit — trafficking of person under 18 years (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.‍011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 38 Subsection 279.‍03(2) of the Act is replaced by the following: Withholding or destroying documents — trafficking of person under 18 years (2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.‍011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 39 Subsections 279.‍1(2) to (2.‍2) of the Act are replaced by the following: Hostage-taking (2) Every person who takes a person hostage is guilty of an indictable offence and liable to imprisonment for life. 40 (1) Paragraphs 286.‍1(1)‍(a) and (b) of the Act are replaced by the following: (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months. (2) Subsection 286.‍1(2) of the Act is replaced by the following: Obtaining sexual services for consideration from person under 18 years (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. (3) Subsections 286.‍1(3) and (4) of the Act are repealed. 41 Subsection 286.‍2(2) of the Act is replaced by the following: Material benefit from sexual services provided by person under 18 years (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.‍1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 42 Subsection 286.‍3(2) of the Act is replaced by the following: Procuring — person under 18 years (2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.‍1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 43 (1) Paragraph 333.‍1(1)‍(a) of the Act is replaced by the following: (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years; or (2) Subsection 333.‍1(2) of the Act is repealed. 44 Section 344 of the Act is replaced by the following: Robbery 344 Every person who commits robbery is guilty of an indictable offence and liable to imprisonment for life. 45 Subsections 346(1.‍1) to (1.‍3) of the Act are replaced by the following: Extortion (1.‍1) Every person who commits extortion is guilty of an indictable offence and liable to imprisonment for life. 46 Subsection 380(1.‍1) of the Act is repealed. 47 Paragraph 430(4.‍11)‍(a) of the Act is repealed. 48 Paragraph 445.‍01(2)‍(a) of the Act is replaced by the following: (a) an indictable offence and liable to imprisonment for a term of not more than five years; or 49 Section 467.‍111 of the Act is replaced by the following: Recruitment of members by a criminal organization 467.‍111 Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 50 Subparagraphs (a)‍(xviii) to (xix) of the definition designated offence in subsection 490.‍011(1) of the Act are replaced by the following: (xviii) section 273 (aggravated sexual assault), 51 Subparagraph 515(10)‍(c)‍(iv) of the Act is replaced by the following: (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment. 52 Paragraph 718.‍2(a) of the Act is amended by adding the following after subparagraph (ii.‍1): (ii.‍2) evidence that the offender, in committing the offence, used a weapon and, if the weapon is a firearm, that it is a prohibited firearm or a restricted firearm, 53 Paragraph 742.‍1(b) of the Act is repealed. 1996, c. 19 Controlled Drugs and Substances Act 54 Paragraph 5(3)‍(a) of the Controlled Drugs and Substances Act is replaced by the following: (a) subject to paragraph (a.‍1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; 55 Paragraphs 6(3)‍(a) and (a.‍1) of the Act are replaced by the following: (a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life; 56 Paragraphs 7(2)‍(a) to (b) of the Act are replaced by the following: (a) if the subject matter of the offence is a substance included in Schedule I or II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life; (b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; 57 Sections 8 and 9 of the Act are repealed. 58 (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Factors to take into consideration (2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person (2) Subsection 10(5) of the Act is repealed. R.‍S.‍, c. C-47 Consequential Amendments to the Criminal Records Act 59 Subparagraphs 2(a)‍(ix) and (x) of Schedule 1 to the Criminal Records Act are replaced by the following: (ix) subsection 272(1) (sexual assault), 60 Subparagraphs 1(a)‍(ix) and (x) of Schedule 2 to the Act are replaced by the following: (ix) subsection 272(1) (sexual assault), Published under authority of the Speaker of the House of Commons