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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2025-02-17 and last amended on 2025-01-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 16, s. 3

    • 3 The Act is amended by adding the following after section 279.04:

      • Sentences to be served consecutively

        279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • — 2018, c. 16, s. 190

    • Bill C-28

      190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

      • Victim surcharge

        • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

  • — 2018, c. 21, ss. 51(1), (2)

    • Bill C-39

      • 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

  • — 2018, c. 29, s. 79

    • Bill C-39

      • 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

  • — 2018, c. 29, s. 80

    • Bill C-337

      • 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

      • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

  • — 2021, c. 2, s. 1(2.1)

      • 1 (2.1) Subsection 241.2(2.1) of the Act is repealed.

  • — 2023, c. 28, s. 35

    • 35 Section 743.2 of the Act is replaced by the following:

      • Report by court to Correctional Service

        743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.

  • — 2023, c. 28, ss. 48.1(1), (3)

    • Bill C-291

      • 48.1 (1) Subsections (2) to (4) apply if Bill C- 291, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) (in this section referred to as the “other Act”), receives royal assent.

      • (3) If subsection 6(2) of this Act comes into force before section 8 of the other Act, then that section 8 is replaced by the following:

        • 8 Subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:

          • (xi) section 163.1 (child sexual abuse and exploitation material),

  • — 2024, c. 22, s. 1

      • 1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by the following:

        • (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

      • (2) The Act is amended by adding the following after subsection 515(14):

        • Inquiry for copies

          (14.1) Upon making an order under subsection (2), the justice must ask the prosecutor whether victims of the offence have been informed of their right to request a copy of the order.

  • — 2024, c. 22, s. 2

    • 2 The Act is amended by adding the following after section 810.02:

      • Fear of domestic violence

        • 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 before a provincial court judge.

        • Appearances

          (2) The provincial judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

        • Recognizance order

          (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order the defendant to enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

        • Duration extended

          (4) If the provincial court judge is satisfied that the defendant was previously convicted of an offence in the commission of which violence was used against any former or current intimate partner of the defendant or any child of any former or current intimate partner or of the defendant, the judge may order the defendant to enter into the recognizance for a period of not more than two years.

        • Indigenous informant or defendant

          (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.

        • Refusal to enter into recognizance

          (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

        • Conditions in recognizance

          (6) The provincial court judge may add any reasonable conditions to the recognizance that that the judge considers desirable to ensure the good conduct of the defendant 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 conditions requiring the defendant

          • (a) to attend, under the supervision of the court, a treatment program approved by the province where the accused resides, such as an addiction treatment program or a domestic violence counselling program;

          • (b) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

          • (c) to 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;

          • (d) to wear an electronic monitoring device, with the consent of the Attorney General;

          • (e) to abstain from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the judge considers necessary;

          • (f) to abstain from the consumption of drugs — except in accordance with a medical prescription — of alcohol or of any other intoxicating substance;

          • (g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance requiring them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

          • (h) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

        • Conditions — firearms

          (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, 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.

        • Surrender, etc.

          (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates held by the defendant shall be surrendered.

        • Reasons

          (9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

        • Variance of conditions

          (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 the recognizance.

        • Safety and security of informant

          (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 safety and security needs.

        • Form — warrant of committal

          (12) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.

  • — 2024, c. 22, s. 3

      • 3 (1) The portion of section 810.3(1) of the Act before paragraph (a) is replaced by the following:

        • Samples — designations and specifications

          • 810.3 (1) For the purposes of sections 810, 810.01, 810.03, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

      • (2) Subparagraphs 810.3(2)(a) and (b) of the Act are replaced by the following:

        • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g), 810.1(3.02)(h) and 810.2(4.1)(f); and

        • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g).

      • (3) Subsections 810.3(3) and (4) of the Act are replaced by the following:

        • Restriction

          (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

        • Destruction of samples

          (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

      • (4) Paragraph 810.3(5)(a) of the Act is replaced by the following:

        • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2;

      • (5) Subsection 810.3(6) of the Act is replaced by the following:

        • Notice — samples at regular intervals

          (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • — 2024, c. 22, s. 4

    • 4 Subsections 810.4(1) to (3) of the Act are replaced by the following:

      • Prohibition on use of bodily substance

        • 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

        • Prohibition on use or disclosure of result

          (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2.

        • Exception

          (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

  • — 2024, c. 22, s. 5

    • 5 Subsection 811.1(1) of the Act is replaced by the following:

      • Proof of certificate of analyst — bodily substance

        • 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • — 2024, c. 22, s. 6

      • 6 (1) Form 32 in Part XXVIII of the Act is amended by replacing the references after the heading “FORM 32” with the following:

        (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.03, 810.1, 810.2, 817 and 832)

      • (2) Paragraphs (b) to (d) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:

        • (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

        • (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, 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);

        • (d) participates in a treatment program (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

      • (3) Paragraph (f) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:

        • (e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (section 810.03 of the Criminal Code);

        • (e.2) abstains from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);

        • (f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01, 810.03 and 810.2 of the Criminal Code);

        • (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);

      • (4) Paragraphs (h) and (i) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:

        • (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

        • (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

  • — 2024, c. 22, s. 7

    • 7 Form 51 in Part XXVIII of the Act is amended by replacing the references after the heading “FORM 51” with the following:

      (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g))

  • — 2024, c. 22, s. 8

    • 8 If an information has been laid under subsection 810(1) of the Criminal Code before the day on which this Act comes into force by a 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, and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.03(1) of that Act.

  • — 2024, c. 22, s. 11

    • Bill C-21

      • 11 (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:

        • Conditions — firearms

          (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);

  • — 2024, c. 23, s. 1

      • 1 (1) The portion of subsection 163.1(1) of the Criminal Code before paragraph (a) is replaced by the following:

        • Definition of child sexual abuse and exploitation material

          • 163.1 (1) In this section, child sexual abuse and exploitation material means

      • (2) Subsections 163.1(2) and (3) of the Act are replaced by the following:

        • Making child sexual abuse and exploitation material

          (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child sexual abuse and exploitation material is guilty of 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.

        • Distribution, etc. of child sexual abuse and exploitation material

          (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 sexual abuse and exploitation material is guilty of 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.

      • (3) The portion of subsection 163.1(4) of the Act before paragraph (a) is replaced by the following:

        • Possession of child sexual abuse and exploitation material

          (4) Every person who possesses any child sexual abuse and exploitation material is guilty of

      • (4) The portion of subsection 163.1(4.1) of the Act before paragraph (a) is replaced by the following:

        • Accessing child sexual abuse and exploitation material

          (4.1) Every person who accesses any child sexual abuse and exploitation material is guilty of

      • (5) Subsection 163.1(4.2) of the Act is replaced by the following:

        • Interpretation

          (4.2) For the purposes of subsection (4.1), a person accesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmitted to, himself or herself.

      • (6) Subsection 163.1(5) of the Act is replaced by the following:

        • Defence

          (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child sexual abuse and exploitation material was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

  • — 2024, c. 23, s. 2

      • 2 (1) Paragraph 164(1)(d) of the Act is replaced by the following:

        • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child sexual abuse and exploitation material as defined in section 163.1;

      • (2) Subsections 164(3) to (5) of the Act are replaced by the following:

        • Owner and maker may appear

          (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

        • 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 sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

        • 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 sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, 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.

  • — 2024, c. 23, s. 3

      • 3 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

        • Warrant of seizure

          • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

      • (2) Subsection 164.1(5) of the Act is replaced by the following:

        • Order

          (5) If the court is satisfied, on a balance of probabilities, that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.

      • (3) Subsection 164.1(7) of the Act is replaced by the following:

        • Return of material

          (7) If the court is not satisfied that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

  • — 2024, c. 23, s. 4

    • 4 The portion of subsection 171.1(5) of the Act before paragraph (a) is replaced by the following:

      • Definition of sexually explicit material

        (5) In subsection (1), sexually explicit material means material that is not child sexual abuse and exploitation material, as defined in subsection 163.1(1), and that is

  • — 2024, c. 23, s. 5

    • 5 Subparagraph (a)(xxix) of the definition offence in section 183 of the Act is replaced by the following:

      • (xxix) section 163.1 (child sexual abuse and exploitation material),

  • — 2024, c. 23, s. 6

    • 6 Subsection 486.4(3) of the Act is replaced by the following:

      • Child sexual abuse and exploitation material

        (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

  • — 2024, c. 23, s. 7

    • 7 Subparagraph (a)(i.8) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:

      • (i.8) section 163.1 (child sexual abuse and exploitation material),

  • — 2024, c. 23, s. 8

    • 8 Subparagraph (a)(viii) of the definition designated offence in subsection 490.011(1) of the Act is replaced by the following:

      • (viii) section 163.1 (child sexual abuse and exploitation material),

  • — 2024, c. 23, s. 9

    • 9 Subsection 672.501(2) of the Act is replaced by the following:

      • Order restricting publication — child sexual abuse and exploitation material

        (2) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.

  • — 2024, c. 23, s. 10

    • 10 Subparagraph (b)(vi) of the definition designated offence in section 752 of the Act is replaced by the following:

      • (vi) section 163.1 (child sexual abuse and exploitation material),

  • — 2024, c. 23, s. 11

    • 11 Paragraph 753.1(2)(a) of the Act is replaced by the following:

      • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation material), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon), 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

  • — 2024, c. 23, s. 13

    • Proceedings not invalid

      13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.

  • — 2024, c. 33, s. 2

    • 2002, c. 13, s. 66

      2 Subsection 679(7) of the Criminal Code is replaced by the following:

      • Release or detention — miscarriage of justice review

        (7) If the Miscarriage of Justice Review Commission established under subsection 696.71(1) notifies a person under subsection 696.4(5) that their application for review is admissible, this section applies to the release or detention of that person — as though that person were an appellant in an appeal described in paragraph (1)(a) — pending the completion of the review, pending a new trial or hearing directed by the Commission or pending the hearing and determination of a matter referred by the Commission to the court of appeal.

  • — 2024, c. 33, s. 3

    • 2002, c. 13, s. 71

      3 Part XXI.1 of the Act is replaced by the following:

      PART XXI.1Miscarriage of Justice Reviews

      Definitions

      • Definitions

        696.1 The following definitions apply in this Part.

        applicant

        applicant, in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. (demandeur)

        Commission

        Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). (Commission)

        court of appeal

        court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. (cour d’appel)

      Application for Review

      • Application for review

        • 696.2 (1) An application for a review on the grounds of miscarriage of justice may be made to the Commission by or on behalf of

          • (a) a person who has been found guilty of an offence under an Act of Parliament or a regulation made under an Act of Parliament, including a person found guilty under the Youth Criminal Justice Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, a person whose plea of guilty has been accepted and a person who has been discharged under section 730;

          • (b) a person who has been found to be a dangerous offender or long-term offender under Part XXIV; or

          • (c) a person who has been the subject of a verdict of not criminally responsible on account of mental disorder under section 672.34.

        • Exhaustion of appeal rights

          (2) For the purposes of subsection 696.4(3), the application must include information indicating whether the person’s rights to appeal the finding or verdict have been exhausted and, if they have not been exhausted, information relevant to the factors referred to in subsection 696.4(4).

      Review

      • Handling of application

        • 696.3 (1) The Commission must deal with an application as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis.

        • Applicant representative

          (2) If a provision of this Part provides that the Commission must notify an applicant or provide them with any information, the notice or information may be provided to a representative of the applicant in addition to or instead of the applicant.

      • Decision on admissibility

        • 696.4 (1) On receipt of an application, the Commission must decide whether it is admissible.

        • Inadmissible application

          (2) The Commission must dismiss the application as inadmissible if it is made by or on behalf of a person who is not described in subsection 696.2(1).

        • Inadmissible application — appeal rights

          (3) The Commission must dismiss the application as inadmissible if

          • (a) the court of appeal has not rendered a final judgment on appeal of the finding or verdict; or

          • (b) an appeal of the finding or verdict lies to the Supreme Court of Canada on a question of law.

        • Exception

          (4) Despite subsection (3), the Commission may decide that the application is admissible even if the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada. In making the decision, the Commission must take into account

          • (a) the amount of time that has passed since the final judgment of the trial court;

          • (b) the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada;

          • (c) whether it would serve a useful purpose for an application to be made for an extension of the period within which a notice of appeal or a notice of application for leave to appeal, as the case may be, to the court of appeal or the Supreme Court of Canada may be served and filed;

          • (d) whether the application is supported by a new matter of significance that

            • (i) was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict,

            • (ii) requires investigation, and

            • (iii) does not raise only a question of law; and

          • (e) any other factor that it considers relevant.

        • Notice

          (5) The Commission must notify the applicant and the relevant Attorney General of its decision regarding the admissibility of the application.

      • Investigation

        • 696.5 (1) If the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so, it may conduct an investigation in relation to an application.

        • Notice

          (2) The Commission must send a notice to the applicant and to the relevant Attorney General indicating whether an investigation will be conducted. If the notice indicates that no investigation will be conducted, the notice must also specify a reasonable period within which the applicant and the Attorney General may provide further information to the Commission in relation to the application.

        • Decision after notice

          (3) The Commission may make a decision under section 696.6 without having conducted an investigation only if the period specified in the notice has ended.

        • Powers

          (4) For the purposes of an investigation, the Commission has the powers of a commissioner under Part I of the Inquiries Act.

        • Authorization

          (5) The Commission may, on the terms it considers appropriate, authorize any of its employees, or a person under contract to it who has technical or specialized knowledge, to exercise the Commission’s powers referred to in subsection (4).

        • Investigation report

          (6) The Commission must, after completing an investigation, prepare a report and provide a copy of it to the applicant and the relevant Attorney General.

        • Deadline to respond

          (7) The report must specify a reasonable period within which a written response may be provided to the Commission.

        • Decision after investigation

          (8) After completing the investigation, the Commission may make a decision under section 696.6 only if, within the period specified in the report, it has received either written responses or written confirmation that no responses will be provided by or on behalf of the applicant and by the relevant Attorney General or if that period has ended.

      • Decision

        • 696.6 (1) On completion of a review, the Commission must make, under this section, a decision on the application.

        • Remedies

          (2) If the Commission has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so, it must

          • (a) direct a new trial before any court that the Commission thinks proper or, in the case of an applicant who was found to be a dangerous offender or long-term offender under Part XXIV, a new hearing under that Part; or

          • (b) refer the matter to the court of appeal for a hearing and determination by that court as if it were an appeal by the applicant.

        • Dismissal of application

          (3) If the Commission does not grant a remedy under subsection (2), it must dismiss the application.

        • Deceased applicant

          (4) If the applicant is deceased, the Commission may only refer the matter to the court of appeal under paragraph (2)(b) or dismiss the application.

        • Factors

          (5) In making its decision, the Commission must take into account

          • (a) whether the application is supported by a new matter of significance that was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict;

          • (b) the relevance and reliability of the information that is presented in connection with the application;

          • (c) the fact that an application is not intended to serve as a further appeal and that the remedies set out in subsection (2) are extraordinary remedies;

          • (d) the personal circumstances of the applicant;

          • (e) the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and

          • (f) any other factor that it considers relevant.

        • Innocence

          (6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant.

        • Notice

          (7) The Commission must notify the applicant and the relevant Attorney General of its decision.

      Court of Appeal Opinion

      • Reference

        696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly.

      Parliamentary Review

      • Review of this Part and Part XXI.2

        696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • — 2024, c. 33, s. 4

    • 4 The Act is amended by adding the following after Part XXI.1:

      PART XXI.2Miscarriage of Justice Review Commission

      Definitions

      • Definitions

        696.7 The following definitions apply in this Part.

        applicant

        applicant in relation to a miscarriage of justice review application made to the Commission, means the person who is the subject of the finding or verdict in question. (demandeur)

        Commission

        Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). (Commission)

        Minister

        Minister means the Minister of Justice. (ministre)

      Establishment and Mandate

      • Commission established

        • 696.71 (1) The Miscarriage of Justice Review Commission is established.

        • Composition

          (2) The Commission consists of a Chief Commissioner and four to eight other commissioners, all of whom are appointed to hold office during good behaviour by the Governor in Council on the recommendation of the Minister.

        • Head office

          (3) The head office of the Commission must be in a place in Canada that is designated by the Governor in Council.

      • Mandate

        696.72 The Commission’s mandate is to

        • (a) review applications made under Part XXI.1 on the grounds of miscarriage of justice after section 3 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) comes into force;

        • (b) make recommendations to address systemic issues that may lead to miscarriages of justice to relevant public authorities and bodies, including the Law Commission of Canada, federal-provincial-territorial committees and working groups, federal departments and agencies and parliamentary committees.

      Commissioners

      • Diversity

        696.73 In making recommendations for commissioner appointments, the Minister must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.

      • Full- or part-time commissioners

        696.74 The Chief Commissioner is a full-time commissioner. The other commissioners may be appointed as full-time or part-time commissioners.

      • Knowledge and experience

        • 696.75 (1) The commissioners must have, in the opinion of the Governor in Council, knowledge and experience that is related to the Commission’s mandate.

        • Legal qualifications

          (2) At least one third of the commissioners, including the Chief Commissioner, must be members in good standing of the bar of a province and have at least ten years’ experience in the practice of criminal law at the time of their appointment.

        • Diversity of qualifications

          (3) At least one half of the commissioners must not, if possible, be persons described in subsection (2).

      • Role of Chief Commissioner

        • 696.76 (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the work and employees of the Commission.

        • Absence, incapacity or vacancy

          (2) If the Chief Commissioner is absent or incapacitated or if their office is vacant, the Commission may authorize another commissioner who is a person described in subsection 696.75(2) to act as Chief Commissioner. The authorized commissioner is not, however, authorized to act as Chief Commissioner for more than 90 days without the Governor in Council’s approval.

      • Term of office

        • 696.77 (1) A commissioner is to be appointed to hold office for a term not exceeding seven years such that, to the extent possible, the terms of office of more than one half of the commissioners do not end in any one calendar year.

        • Reappointment

          (2) A commissioner may be reappointed.

        • Removal

          (3) A commissioner may be removed for cause by the Governor in Council.

      • Remuneration

        • 696.78 (1) A commissioner is to receive the remuneration that is fixed by the Governor in Council.

        • Expenses

          (2) A commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred while absent in the course of their duties and functions from, in the case of a full-time commissioner, their ordinary place of work and, in the case of a part-time commissioner, their ordinary place of residence.

        • Compensation

          (3) A commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

      • Meetings

        • 696.79 (1) The Chief Commissioner convenes and presides at meetings of the Commission.

        • Quorum

          (2) One half of the commissioners holding office constitutes a quorum.

        • Decisions

          (3) A decision of a majority of the commissioners at a meeting is a decision of the Commission.

      Powers, Duties and Functions

      • Accessibility

        696.8 The Commission must ensure that applicants and potential applicants are able to communicate readily with the Commission from any place in Canada.

      • Outreach

        696.81 The Commission must publish information about its mandate on its website and must provide the public, including potential applicants, with information about its mandate and about miscarriages of justice.

      • Transparency

        • 696.82 (1) The Commission must carry out its mandate in a transparent manner.

        • Publication of decisions

          (2) The Commission must publish its decisions on its website in a manner that

          • (a) protects confidential information; and

          • (b) is not likely to interfere with the proper administration of justice in relation to a matter that the Commission directs to a court for a new trial or hearing or a matter that the Commission refers to a court of appeal for a hearing and determination.

      • Policies

        • 696.83 (1) The Commission may adopt policies generally for the carrying out of its work and the management of its affairs, including policies respecting its procedures and practices.

        • Duty to adopt certain policies

          (2) The Commission must adopt policies respecting

          • (a) the making of applications;

          • (b) each stage of the review process;

          • (c) applications that are made on behalf of persons;

          • (d) the provision of notices and other information to applicants, to their representatives, to attorneys general and to other interested persons, including victims; and

          • (e) meetings of the Commission.

        • Publication

          (3) The Commission must publish its policies on its website.

        • Statutory Instruments Act

          (4) The Statutory Instruments Act does not apply to policies adopted by the Commission.

      • Powers

        • 696.84 (1) The Commission may, in carrying out its mandate,

          • (a) direct employees to provide applicants and potential applicants with general information and guidance on applications and each stage of the review process;

          • (a.1) direct employees to notify the Correctional Service of Canada and the Parole Board of Canada of the importance of ensuring that applicants and potential applicants do not experience barriers to or exclusion from programs, services or conditional release processes as a result of making an application for a review on the grounds of a miscarriage of justice;

          • (b) enter into contracts in its own name;

          • (c) provide supports to applicants in need, including by entering into contracts with service providers for the provision of those supports; and

          • (d) enter into contracts with persons who have technical or specialized knowledge to assist in the Commission’s work.

        • Supports to applicants in need

          (2) For the purposes of paragraph (1)(c), supports to applicants in need include

          • (a) directing them to services in their communities for persons in need or helping them access those services;

          • (b) providing them with translation and interpretation services;

          • (c) assisting them, if they are without means, in relation to necessities such as food and housing; and

          • (d) assisting them, if they are without means, in obtaining legal assistance in relation to making an application or providing a written response to an investigation report prepared by the Commission.

      • Security requirements

        696.85 The Commission and its employees must follow established procedures and practices, including any requirement found in a Treasury Board policy or directive, for the secure handling, storage, transportation and transmission of information or documents.

      Staff

      Annual Report

      • Annual report

        • 696.87 (1) The Chief Commissioner must, within five months after the end of each fiscal year, submit to the Minister a report that contains the following information for that fiscal year:

          • (a) the number of applications received;

          • (b) statistics on applicants that, to the extent possible, are disaggregated by gender identity, age, race, ethnic origin, language, disability, income and any other identity factor that is considered in the course of a gender-based analysis;

          • (c) the number of investigations started and the number of investigations completed;

          • (d) the number of matters that the Commission directed to courts for new trials or hearings;

          • (e) the number of matters that the Commission referred to courts of appeal for hearings and determinations;

          • (f) the number of applications dismissed;

          • (g) the outcomes of matters that the Commission directed to courts for new trials or hearings;

          • (h) the outcomes of matters that the Commission referred to courts of appeal for hearings and determinations;

          • (i) the average length of time between the receipt of an application and the Commission’s final decision;

          • (j) the number of applicants in need who received supports;

          • (k) the amounts paid to service providers under paragraph 696.84(1)(c), disaggregated, to the extent possible, by the nature of the supports provided by the service providers; and

          • (l) any other information on the Commission’s activities that the Chief Commissioner considers relevant.

        • Tabling

          (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the day on which the report is received.

        • Publication

          (3) The Commission must publish the annual report on its website after it has been tabled.

  • — 2024, c. 33, s. 5

    • 5 The definition applicant in section 696.7 of the Act is replaced by the following:

      applicant

      applicant has the same meaning as in section 696.1. (demandeur)

  • — 2024, c. 33, s. 6

    • 6 Section 696.72 of the Act is replaced by the following:

      • Mandate

        696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.

  • — 2024, c. 33, s. 7

    • Definitions

      7 The following definitions apply in this section and sections 8 to 13.

      applicant

      applicant means the person who is the subject of the finding or verdict in question or their representative. (demandeur)

      commencement day

      commencement day means the day on which section 3 comes into force. (date de référence)

      Commission

      Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code. (Commission)

      Minister

      Minister means the Minister of Justice. (ministre)

      new scheme

      new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. (nouveau régime)

      old scheme

      old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. (ancien régime)

  • — 2024, c. 33, s. 8

    • Duty of Minister

      8 If an application was made under the old scheme and the Minister has not, before the commencement day, made a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before that day, the Minister must ask the applicant whether they consent to having the application transferred to the Commission to be dealt with in accordance with the new scheme.

  • — 2024, c. 33, s. 9

    • Consent within deadline

      9 If the applicant gives, within the time limit fixed by the Minister, written consent to transfer the application, the application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control.

  • — 2024, c. 33, s. 10

    • No consent

      • 10 (1) If the applicant, within the time limit fixed by the Minister, does not reply in writing to the Minister or gives a written refusal of consent to transfer the application, subsection (2) or (3) applies.

      • Preliminary assessment completed

        (2) If, before the commencement day, the Minister completed the preliminary assessment of the application required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice, the old scheme continues to apply in respect of the application.

      • Preliminary assessment not completed

        (3) If the Minister did not complete the preliminary assessment before the commencement day, the application is deemed not to have been made and the applicant may apply to the Commission under the new scheme.

  • — 2024, c. 33, s. 11

    • Late consent

      11 An application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control if

      • (a) the applicant gives, after the time limit fixed by the Minister, written consent to transfer the application;

      • (b) the Minister completed the preliminary assessment required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice before the commencement day; and

      • (c) the Minister receives the consent before having made, under subsection 10(2) of this Act, a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before the commencement day.

  • — 2024, c. 33, s. 12

    • Consent irrevocable

      12 Consent that is given in accordance with section 9 or 11 is irrevocable.

  • — 2024, c. 33, s. 13

    • Application dismissed by Minister

      13 For greater certainty, the fact that the Minister dismissed an application under the old scheme does not prevent the applicant from applying under the new scheme.

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