Bill C-299: An Act to amend the Criminal Code (life imprisonment)

R.S., c. C- 46 Criminal Code 1 Paragraph 151(a) of the Criminal Code is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 2 Paragraph 152(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 3 Paragraph 153(1.1)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 4 Paragraph 153.1(1)(a) of the Act is replaced by the following: (a) an indictable offence and liable to imprisonment for life ; or 5 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 life and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years. 6 (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 life and to a minimum punishment of imprisonment for a term of one year. 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 life and to a minimum punishment of imprisonment for a term of one year. (2) Paragraph 163.1(4)(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or (3) Paragraph 163.1(4.1)(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 7 Sections 170 and 171 of the Act are 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 life and to a minimum punishment of imprisonment for a term of one year. Householder permitting prohibited 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 life and to a minimum punishment of imprisonment for a term of one year. 8 Paragraph 171.1(2)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of six months; or 9 Paragraph 172.1(2)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 10 Paragraph 172.2(2)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; or 11 Paragraph 271(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for life and , if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or 12 (1) The portion of paragraph 272(2)(a) of the Act before subparagraph (i) is replaced by the following: (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (2) Paragraph 272(2)(a.1) of the Act is replaced by the following: (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (3) Paragraph 272(2)(b) of the Act is replaced by the following: (b) in any other case, to imprisonment for life . 13 Subsection 279.01(1) of the Act is replaced by the following: Trafficking in persons (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of (a) five years 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) four years in any other case. 14 Subsection 279.011(1) of the Act is replaced by the following: Trafficking of a person under the age of eighteen years (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of (a) six years 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) five years, in any other case. 15 (1) Paragraph 279.02(1)(a) of the Act is replaced by the following: (a) an indictable offence and liable to imprisonment for life ; or (2) 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 life and to a minimum punishment of imprisonment for a term of two years. 16 The portion of subsection 286.1(2) of the Act before paragraph (a) 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 life and to a minimum punishment of imprisonment for a term of 17 (1) Paragraph 286.2(1)(a) of the Act is replaced by the following: (a) an indictable offence and liable to imprisonment for life ; or (2) 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 life and to a minimum punishment of imprisonment for a term of two years. 18 Section 286.3 of the Act is replaced by the following: Procuring (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person 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 life . 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 life and to a minimum punishment of imprisonment for a term of five years.