An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (S.C. 2005, c. 32)
Full Document:
Assented to 2005-07-20
Marginal note:1993, c. 46, s. 3(1); 1997, c. 18, s. 5
8. (1) The portion of subsection 164(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Mandat de saisie
164. (1) Le juge peut décerner, sous son seing, un mandat autorisant la saisie des exemplaires d’une publication ou des copies d’une représentation, d’un écrit ou d’un enregistrement s’il est convaincu, par une dénonciation sous serment, qu’il existe des motifs raisonnables de croire :
Marginal note:1993, c. 46, s. 3(1)
(2) Subsection 164(1) of the Act is amended by striking out the word “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) any representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography within the meaning of section 163.1, or
(c) any recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording,
Marginal note:1993, c. 46, s. 3(2); 2002, c. 13, s. 6
(3) 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, a crime comic, child pornography or a voyeuristic recording, may appear and be represented in the proceedings in order 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, a crime comic, child pornography or a voyeuristic recording, 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, a crime comic, child pornography or a voyeuristic recording, 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.
Marginal note:1993, c. 46, s. 3(3)
(4) Subsection 164(7) of the Act is replaced by the following:
Marginal note:Consent
(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163 or 163.1 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.
(5) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:
“voyeuristic recording”
« enregistrement voyeuriste »
“voyeuristic recording” means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1).
Marginal note:2002, c. 13, s. 7
9. (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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 pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or a voyeuristic recording available — that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to
Marginal note:2002, c. 13, s. 7
(2) Subsection 164.1(5) of the Act is replaced by the following:
Marginal note:Order
(5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material.
Marginal note:2002, c. 13, s. 7
(3) Subsection 164.1(7) of the Act is replaced by the following:
Marginal note:Return of material
(7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
Marginal note:R.S., c. 19 (3rd Supp.), s. 5
9.1 Sections 170 and 171 of the Act are replaced by the following:
Marginal note:Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen 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
(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person procured is under the age of fourteen years; or
(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person procured is fourteen years of age or more but under the age of eighteen years.
Marginal note:Householder permitting 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 eighteen 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
(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of fourteen years; or
(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is fourteen years of age or more but under the age of eighteen years.
10. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxvii):
(xxvii.1) section 162 (voyeurism),
Marginal note:R.S., c. 19 (3rd Supp.), s. 9
10.1 (1) Subsection 212(2) of the Act is replaced by the following:
Marginal note:Living on the avails of prostitution of person under eighteen
(2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.
Marginal note:1999, c. 5, s. 8
(2) Subsection 212(4) of the Act is replaced by the following:
Marginal note:Offence — prostitution of person under eighteen
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.
11. Subsection 215(3) of the Act is replaced by the following:
Marginal note:Punishment
(3) Every one who commits an offence under subsection (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
12. Section 218 of the Act is replaced by the following:
Marginal note:Abandoning child
218. Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Marginal note:1992, c. 38, s. 2
13. Subsection 276.3(1) of the Act is replaced by the following:
Marginal note:Publication prohibited
276.3 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under section 276.1;
(b) any evidence taken, the information given and the representations made at an application under section 276.1 or at a hearing under section 276.2;
(c) the decision of a judge or justice under subsection 276.1(4), unless the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and
(d) the determination made and the reasons provided under section 276.2, unless
(i) that determination is that evidence is admissible, or
(ii) the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
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