Bill C-424: An Act to amend the Criminal Code (sexual exploitation)

Bill C-424 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content Criminal Code Coordinating Amendment First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-424 An Act to amend the Criminal Code (sexual exploitation) FIRST READING, January 28, 2019 Mr. Nater 421508 SUMMARY This enactment amends the Criminal Code to increase sentences for offences of sexual exploitation and to add as an aggravating circumstance the fact that the victim is a person with a disability for the purpose of sentencing. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-424 An Act to amend the Criminal Code (sexual exploitation) 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 Paragraph 153(1.‍1)‍(b) of the Criminal Code is replaced by the following: (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 and to a minimum punishment of imprisonment for a term of one year. 2 Paragraphs 153.‍1(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 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) 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 one year. 3 The Act is amended by adding the following after section 286.‍1: Aggravating circumstance — person with a disability 286.‍11 When a court imposes a sentence for an offence referred to in subsection 286.‍1(1) or (2), it shall consider as an aggravating circumstance the fact that the victim of the offence is a person with a mental or physical disability. Coordinating Amendment Bill C-75 4 (1) Subsections (2) to (4) apply if Bill C-75, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) If section 54 of the other Act comes into force before section 2 of this Act, then (a) that section 2 is deemed never to have come into force and is repealed; and (b) paragraphs 153.‍1(1)‍(a) and (b) of the Crim­inal Code are replaced by the following: (a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) 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 one year. (3) If section 2 of this Act comes into force before section 54 of the other Act, then that section 54 is repealed. (4) If section 2 of this Act comes into force on the same day as section 54 of the other Act, then that section 54 is deemed never to have come into force and is repealed. Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU