Bill C-463: An Act to amend the Criminal Code (orders of prohibition and orders restricting publication)

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First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Short Title1 Short Title2 Criminal Code2 Criminal Code First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-463 An Act to amend the Criminal Code (orders of prohibition and orders restricting publication) FIRST READING, June 19, 2019 Mr. Viersen 421471 SUMMARY This enactment amends the Criminal Code to (a) permit a court to make an order prohibiting an offender who has been convicted of sexual exploitation from engaging in certain activities that would involve them being in a pos­ition of trust or authority towards persons under the age of 18; (b) establish a process that allows a person whose identity as a victim or witness is protected by an order restricting publication — or, if the person is dead, a member of their fam­ily — to apply for the order to be revoked or varied; and (c) add offences in relation to trafficking in persons to the list of offences in respect of which the accused must show cause why their pre-trial detention in custody is not justified. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 42nd Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-463 An Act to amend the Criminal Code (orders of prohibition and orders restricting publication) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Putting Victims First Act. R.‍S.‍, c. C-46 Criminal Code 2 Section 161 of the Criminal Code is amended by adding the following after subsection (1.‍1): Order of prohibition — section 153 (1.‍2) When an offender is convicted of an offence under section 153, the court that sentences the offender, in addition to any other punishment that may be imposed for that offence, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from (a) 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 a person who is under the age of 18 years; (b) 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 (c) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court. 3 Subsection 486.‍6(1) of the Act is replaced by the following: Offence 486.‍6 (1) Every person who fails to comply with an order made under subsection 486.‍4(1), (2) or (3) or 486.‍5(1) or (2) or with a condition imposed under subsection 486.‍8(7) or who contravenes subsection 486.‍8(8) is guilty of an offence punishable on summary conviction. 4 The Act is amended by adding the following after section 486.‍7: Revocation or variation of order restricting publication 486.‍8 (1) A judge or justice may, on application of a person whose identity as a victim or a witness is protected under an order made under section 486.‍4 or 486.‍5, revoke or vary that order so as to permit the publication, broadcasting or transmission of information that could identify the applicant as having been a victim or witness if the judge or justice is satisfied that (a) the applicant understands the nature and effect of their decision to make the application; (b) the revocation or variation of the order would not be contrary to the applicant’s interests; and (c) the revocation or variation of the order would not lead to the identification of any other victim or witness whose identity is protected under that order or any other order made under section 486.‍4 or 486.‍5 in respect of the same matter. Application in respect of dead person (2) On application of a member of the family of a dead person whose identity as a victim or a witness is protected under an order made under section 486.‍4 or 486.‍5, or on application of the executor or administrator of the estate or liquidator of the succession of such a person, a judge or justice may revoke or vary that order so as to permit the publication, broadcasting or transmission of information that could identify the dead person as having been a victim or witness if the judge or justice is satisfied that the revocation or variation would not be contrary to the public interest. Application (3) The applicant shall apply in writing to a judge or justice of the court that heard the matter in respect of which the order was made and shall set out in the application the grounds on which the applicant relies to establish that the order restricting publication is no longer necessary. Notice (4) The judge or justice shall provide notice of the application to the prosecutor in the province in which the matter was heard and may direct the prosecutor to provide notice of the application to any other person who would be affected by the revocation or variation of the order that the judge or justice specifies. Factors to be considered (5) In determining whether to revoke or vary an order restricting publication, the judge or justice shall consider (a) the grounds for the application; (b) the wishes of the dead person in so far as they can be ascertained; (c) the privacy interest of the dead person; (d) the nature and history of the relationship between the dead person and the applicant; (e) the time that has elapsed since the person’s death; and (f) any other factor that the judge or justice considers relevant. Hearing may be held (6) The judge or justice may hold a hearing to determine whether an order should be revoked or varied, and the hearing may be in private. Conditions (7) The revocation or variation of an order may be subject to any conditions that the judge or justice thinks fit. Publication prohibited (8) If the judge or justice refuses to revoke or vary an order, no person shall publish in any document or broadcast or transmit in any way (a) the contents of an application; (b) any evidence taken, information given or submissions made at a hearing under subsection (6); or (c) any other information that could identify the victim or witness. Subsequent application under subsection 486.‍5(1) (9) The revocation or variation of an order under subsection (1) or (2) does not prevent the applicant from making a subsequent application under subsection 486.‍5(1) in relation to the same matter. 5 Paragraph 515(6)‍(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after that subparagraph: (vii.‍1) that is an offence under subsection 279.‍01(1), 279.‍011(2), 279.‍02(1) or (2), 279.‍03(1) or (2), 286.‍2(1) or (2) or 286.‍3(1) or (2), or Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU