An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (S.C. 2018, c. 29)
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Assented to 2018-12-13
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
S.C. 2018, c. 29
Assented to 2018-12-13
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
SUMMARY
This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of a complainant’s record when in the possession of the accused.
This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Finally, it makes consequential amendments to the Criminal Records 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-46Criminal Code
1 Section 49 of the Criminal Code is repealed.
2 Section 55 of the Act is replaced by the following:
Marginal note:Evidence of overt acts
55 In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.
3 Subsection 57(3) of the Act is replaced by the following:
Marginal note:Possession of forged passport, etc.
(3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
4 Section 71 of the Act is repealed.
Marginal note:1997, c. 23, s. 2; 2001, c. 32, s. 3(F)
5 Section 82 of the Act is replaced by the following:
Marginal note:Possession of explosive
82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Marginal note:Possession in association with criminal organization
(2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
Marginal note:1995, c. 39, s. 139
6 The portion of subsection 108(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Tampering with serial number
108 (1) Every person commits an offence who, without lawful excuse,
7 (1) The portion of section 125 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Influencing or negotiating appointments or dealing in offices
125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who
(2) The portion of paragraph 125(c) of the Act before subparagraph (i) is replaced by the following:
(c) keeps without lawful authority a place for transacting or negotiating any business relating to
(3) The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
8 Section 143 of the Act is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
9 (1) The portion of subsection 145(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Escape and being at large without excuse
145 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
(2) Paragraph 145(1)(b) of the Act is replaced by the following:
(b) is, before the expiration of a term of imprisonment to which they were sentenced, at large in or out of Canada without lawful excuse.
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
(3) The portion of subsection 145(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
(4) The portion of subsection 145(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Failure to attend court
(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
(5) Paragraphs 145(2)(a) and (b) of the Act are replaced by the following:
(a) being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance; or
(b) having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)
(6) The portion of subsection 145(2) of the Act after paragraph (b) is repealed.
Marginal note:2008, c. 18, s. 3
(7) The portion of subsection 145(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Failure to comply with condition of undertaking or recognizance
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, to comply with the condition, direction or order is guilty of
(8) The portion of subsection 145(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Failure to appear or to comply with summons
(4) Every person who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of
(9) The portion of subsection 145(4) of the French version of the Act after paragraph (b) is repealed.
Marginal note:1997, c. 18, s. 3(1)(E)
(10) The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Failure to comply with appearance notice or promise to appear
(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of
Marginal note:1997, c. 18, s. 3(1)(F)
(11) The portion of subsection 145(5) of the French version of the Act after paragraph (b) is repealed.
Marginal note:1997, c. 18, s. 3(2)
(12) The portion of subsection 145(5.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Failure to comply with conditions of undertaking
(5.1) Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.1)
Marginal note:1998, c. 9, s. 2
10 (1) Section 153.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Consent
(2.1) Consent must be present at the time the sexual activity in question takes place.
Marginal note:Question of law
(2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.
(2) The portion of subsection 153.1(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:When no consent obtained
(3) For the purposes of this section, no consent is obtained if
Marginal note:1998, c. 9, s. 2
(2.1) Paragraph 153.1(3)(b) of the Act is replaced by the following:
(a.1) the complainant is unconscious;
(b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);
Marginal note:1998, c. 9, s. 2
(3) Subsection 153.1(4) of the French version of the Act is replaced by the following:
Marginal note:Précision
(4) Le paragraphe (3) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant.
Marginal note:1998, c. 9, s. 2
(4) Paragraph 153.1(5)(a) of the English version of the Act is replaced by the following:
(a) the accused’s belief arose from
(i) the accused’s self-induced intoxication,
(ii) the accused’s recklessness or wilful blindness, or
(5) Paragraph 153.1(5)(a) of the Act is amended by adding the following after subparagraph (ii):
(iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;
(6) Subsection 153.1(5) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c) there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.
11 (1) Subsection 163(1) of the Act is replaced by the following:
Marginal note:Obscene materials
163 (1) Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.
(2) The portion of subsection 163(2) of the English version of the Act before paragraph (b) is replaced by the following:
Marginal note:Idem
(2) Every person commits an offence who knowingly, without lawful justification or excuse,
(a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or
(3) Paragraphs 163(2)(c) and (d) of the Act are repealed.
(4) Subsection 163(7) of the Act is repealed.
Marginal note:2014, c. 25, s. 46(2)
12 (1) Paragraph 164(1)(c) of the Act is replaced by the following:
(c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene, within the meaning of subsection 163(8);
Marginal note:2014, c. 25, s. 46(3)
(2) Subsections 164(3) to (5) of the Act are replaced by the following:
Marginal note:Owner and maker may appear
(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Marginal note:Order of forfeiture
(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Marginal note:Disposal of matter
(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
(3) The definition crime comic in subsection 164(8) of the Act is repealed.
13 Section 165 of the Act is repealed.
13.1 Paragraphs 176(1)(a) and (b) of the Act are replaced by the following:
(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or
(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)
(i) assaults or offers any violence to them, or
(ii) arrests them on a civil process, or under the pretence of executing a civil process,
14 Sections 177 and 178 of the Act are replaced by the following:
Marginal note:Trespassing at night
177 Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
Marginal note:2004, c. 15, s. 108
15 Subparagraph (a)(xxviii) of the definition offence in section 183 of the Act is replaced by the following:
(xxviii) subsection 163(1) (obscene materials),
16 Section 198 of the Act is repealed.
Marginal note:1999, c. 5, s. 6(2)
17 (1) Paragraph 207(4)(c) of the Act is replaced by the following:
(c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device, slot machine or a dice game.
(2) Section 207 of the Act is amended by adding the following after subsection (4):
Marginal note:Definition of slot machine
(4.01) In paragraph 4(c), slot machine means any automatic machine or slot machine, other than any automatic machine or slot machine that dispenses as prizes only one or more free games on that machine, that
(a) is used or intended to be used for any purpose other than selling merchandise or services; or
(b) is used or intended to be used for the purpose of selling merchandise or services if
(i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,
(ii) as a result of a given number of successive operations by the operator, the machine produces different results, or
(iii) on any operation of the machine, it discharges or emits a slug or token.
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