Criminal Code

Informed the Senate that a message had been received from the House of Commons returning Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders), and acquainting the Senate that they had passed this bill with the following amendments, to which they desire the concurrence of the Senate:

1. Clause 1, pages 1 and 2:

(a)on page 1, replace lines 4 to 17 with the following:

“1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by”;

(b)on page 1, replace line 23, in the French version, with the following:

“tenaire intime, s’il a été auparavant condamné”;

(c)on page 2, replace line 1 with the following:

“(2) The Act is amended by adding the following”;

2.Clause 2, pages 2 to 4:

(a)on page 2, replace lines 9 to 12 with the following:

“810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information”;

(b)on page 2, replace lines 15 and 16, in the English version, with the following:

“under subsection (1) may cause the parties to appear”;

(c)on page 2, replace line 23 with the following:

“not more than 12 months.”;

(d)on page 2, replace line 30 with the following:

“into the recognizance for a period of not more than two”;

(e)on page 2, add the following after line 31:

“(4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.”;

(f)on page 2, replace lines 32 to 34 with the following:

“(5) The provincial court judge may commit the defen-”;

(g)on page 2, replace line 35 with the following:

“dant to prison for a term not exceeding 12 months if the”;

(h)on page 3, replace line 1 with the following:

“(6) The provincial court judge may add any reasonable”;

(i)on page 3, replace lines 4 and 5 with the following:

“or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including condi-”;

(j)on page 3, replace line 14 with the following:

“(c) to refrain from going to any specified place or being within a specified distance of any specified place, except”;

(k)on page 3, replace line 20 with the following:

“rectly, with the intimate partner, a child of the intimate partner or”;

(l)on page 3, replace line 22, in the English version, with the following:

“intimate partner, except in accordance with any specified”;

(m)on page 3, replace lines 24 and 25 with the following:

“(f) to abstain from the consumption of drugs — ex-”;

(n)on page 3, replace line 28 with the following:

“(g) to provide, for the purpose of analysis, a sample of”;

(o)on page 3, replace line 38 with the following:

“(h) to provide, for the purpose of analysis, a sample of”;

(p)on page 4, replace lines 1 to 5 with the following:

“(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or”;

(q)on page 4, replace lines 14 and 15 with the following:

“(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge”;

(r)on page 4, replace lines 22 and 23 with the following:

“(9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the”;

(s)on page 4, replace lines 26 and 27 with the following:

“(10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in”;

(t)on page 4, replace lines 29 to 31 with the following:

“(11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their”;

(u)on page 4, replace line 33 with the following:

“(12) A warrant of committal to prison for failure or re-”;

3.Clause 3, pages 5 and 6:

(a)on page 5, replace line 10 with the following:

“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g),”;

(b)on page 5, replace line 15 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i)”;

(c)on page 6, replace line 2 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or”.

4.Clause 6, page 7:

(a)replace line 31 with the following:

“(e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (sec-”;

(b)replace lines 34 and 35 with the following:

“directly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner,”;

(c)replace line 37 with the following:

“that the judge considers necessary (section 810.03”;

(d)delete lines 39 and 40;

(e)add the following after line 44:

“(f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);”;

5.Clause 7, page 8: replace line 13 with the following:

“810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and”;

6.Clause 8, page 8: replace lines 18 to 21 with the following:

“fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, and a provincial”;

7.New clause 10.1, page 9: add the following before line 23:

“10.1 (1) Subsections (2) and (3) apply if Bill C-21, introduced in the 1st session of the 44th Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 1(5) of the other Act and section 2 of this Act are in force, subsection 810.03(7) of the Criminal Code is replaced by the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(3) On the first day on which both subsection 13.12(1) of the other Act and subsection 6(2) of this Act are in force, paragraph (c) of Form 32 of Part XXVIII of the Criminal Code after the heading “List of Conditions” is replaced by the following:

(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);”;

8.Clause 11, page 9: delete clause 11.

Honourable senators, when shall these amendments be taken into consideration?

(On motion of Senator Martin, amendments placed on the Orders of the Day for consideration at the next sitting of the Senate.)