Protecting Victims Act (S.C. 2026, c. 19)
Full Document:
- HTMLFull Document: Protecting Victims Act (Accessibility Buttons available) |
- PDFFull Document: Protecting Victims Act [1465 KB]
Assented to 2026-06-18
Protecting Victims Act
S.C. 2026, c. 19
Assented to 2026-06-18
An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures)
SUMMARY
This enactment amends various Acts in relation to criminal and correctional matters.
It amends the Criminal Code to, among other things,
(a) create a new offence that prohibits engaging in a pattern of coercive or controlling conduct towards an intimate partner;
(b) provide that, in the following circumstances, murder — known as femicide when committed against a female person — is murder in the first degree:
(i) the murder is committed against an intimate partner in the context of a pattern of coercive or controlling conduct,
(ii) the murder is committed in the context of sexual violence,
(iii) the murder is committed in the context of human trafficking, or
(iv) the murder is motivated by hate;
(c) provide that, if an offender commits manslaughter in those circumstances, the court must consider whether to impose a sentence of imprisonment for life on the offender and, if that sentence is imposed, an adult offender is ineligible for parole for 10 to 25 years;
(d) remove from the criminal harassment offence the requirement to prove that the victim subjectively feared for their safety and replace it with a requirement to prove that the harassing conduct could reasonably be expected to cause the victim to believe that someone’s safety is threatened;
(e) amend the offence of non-consensual distribution of an intimate image to include, among such images, a visual representation showing an identifiable person depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person;
(f) amend certain existing child sexual offences to include prohibiting a person from inviting a child to expose their own sexual organs for a sexual purpose;
(g) criminalize the distribution of visual representations of bestiality;
(h) create a new offence relating to the recruitment of a person under 18 years of age to be a party to an offence;
(i) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(j) permit courts to order that an offender serve a period of imprisonment below a mandatory minimum term of imprisonment, but only if the mandatory minimum term of imprisonment would amount to cruel and unusual punishment for that particular offender;
(k) create a new Part establishing a framework for applying alternative measures and restorative justice processes in appropriate cases;
(l) create a new Part in respect of unreasonable delay that requires a court to consider specific factors in relation to case complexity, directs a court to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(m) streamline and strengthen the procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced; and
(n) allow the possibility of using affidavit evidence for certain cases involving identity theft and identity fraud.
The enactment also makes consequential amendments to other Acts.
The enactment also amends the Youth Criminal Justice Act to, among other things,
(a) ensure that it better reflects the Canadian Victims Bill of Rights with respect to the rights and interests of victims;
(b) modernize the principle requiring consideration of the needs of young persons, including by requiring particular attention to those of Aboriginal and Black young persons; and
(c) allow youth justice courts to order that a young person enter into a recognizance if there is a reasonable fear that the young person will commit a child sexual offence.
The enactment also amends the Canadian Victims Bill of Rights to
(a) modify the preamble to affirm the importance of victim-centred and trauma-informed approaches;
(b) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(c) enable victims to receive information without being required to make a request;
(d) provide that victims have the right to receive information about their rights under that Act and the protection measures that are available to them;
(e) broaden the information that victims have the right to receive about available restorative justice processes; and
(f) clarify the right of victims to present a victim impact statement at sentencing and a victim statement for consideration when decisions regarding parole or corrections are made about the offender who harmed them.
The enactment also amends the National Defence Act to, among other things,
(a) provide that victims of certain offences, such as offences committed against an intimate partner, are entitled to testimonial aids;
(b) create a new Division in respect of unreasonable delay that requires a court martial to consider specific factors in relation to case complexity, directs a court martial to exclude time periods in respect of specific applications and requires that a stay of proceedings be ordered only if a court martial is satisfied, taking into account a list of factors, that no other remedy would be appropriate and just;
(c) streamline and strengthen the procedural rules to align with the Criminal Code procedural rules in sexual offence trials that govern when evidence of a complainant’s past sexual activity can be adduced and when certain private records, including therapeutic records, can be produced or adduced;
(d) provide victims with the right to be treated with respect, courtesy, compassion and fairness;
(e) provide that victims have the right to receive information about their rights under the Division of the National Defence Act entitled “Declaration of Victims Rights” and information about the protection measures that are available to them; and
(f) enable victims to receive information from authorities in the military justice system without being required to make a request.
The enactment also amends An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service to, among other things,
(a) clarify the types of Internet services covered by that Act;
(b) require that transmission data be provided with the mandatory notification in cases where the material is manifestly child sexual abuse and exploitation material;
(c) extend the period of preservation of data related to an offence; and
(d) extend the limitation period for the prosecution of an offence under that Act.
The enactment also amends the Firearms Act to clarify that an individual whose firearms licence or registration certificate has been revoked is required to deliver their firearm to a peace officer, firearms officer or chief firearms officer and to provide that an individual is not eligible to hold a licence under that Act if the chief firearms officer has reasonable grounds to suspect that the individual may have engaged in an act of domestic violence or stalking.
The enactment also amends the Corrections and Conditional Release Act to, among other things, enhance the disclosure of information to victims and other components of the criminal justice system and provide for the submission of victim statements in certain instances.
Finally, the enactment also amends the Mutual Legal Assistance in Criminal Matters Act to facilitate legal assistance between Canada and supranational bodies with responsibility for criminal investigations or prosecutions.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Protecting Victims Act.
R.S., c. C-46Criminal Code
Amendments to the Act
2 (1) The Criminal Code is amended by adding the following after section 3:
Marginal note:Violence in commission of offence, including against intimate partner
3.01 (1) In a provision listed in subsection (2), a reference to an offence in the commission of which violence is used, threatened or attempted against any person or class of persons includes a reference to any of the following offences:
(a) an offence that is of a sexual nature or that is committed for a sexual purpose;
(b) an offence under section 264 (criminal harassment);
(c) an offence under section 279.01 (trafficking in persons);
(d) an offence under section 279.011 (trafficking of a person under the age of 18 years).
Marginal note:Provisions
(2) Subsection (1) applies with respect to
(a) subsection 109(1);
(b) subsections 110(1) and (2.1);
(c) subsections 515(3), (4.1), (4.3) and (6);
(d) subsection 718.3(8);
(e) section 726.21; and
(f) subsection 810.03(4).
(2) Subsection 3.01(1) of the Act is amended by adding the following after paragraph (b):
(b.1) an offence under section 264.01 (coercion or control of intimate partner);
3 Subsection 7(4.1) of the Act is replaced by the following:
Marginal note:Offence in relation to sexual offences against children
(4.1) Despite anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a person who is under the age of 18, that, if committed in Canada, would be an offence under section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2, 173, 271, 272 or 273 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
3.1 The Act is amended by adding the following after section 11:
Marginal note:Non-disclosure agreement — no effect
11.1 For greater certainty, no agreement may prevent or restrict a person from disclosing any information that relates to the commission of an offence to a police officer.
4 Paragraph 109(1)(b) of the Act is replaced by the following:
(b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.1(1) (possession of computer data), 102.1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment) or 264.01 (coercion or control of intimate partner),
5 Subsection 113(4) of the Act is amended by replacing “subsection 810(3)” with “section 810 or 810.03”.
6 Section 150 of the Act is amended by adding the following in alphabetical order:
- sexual organs
sexual organs includes genital organs, breasts that are or appear to be female breasts and the anal region; (organes sexuels)
7 Subsection 150.1(5) of the Act is replaced by the following:
Marginal note:Idem
(5) It is not a defence to a charge under section 153, 170, 171, 172 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
8 The portion of section 151 of the French version of the Act before paragraph (a) is amended by replacing “à des fins d’ordre sexuel” by “dans un but sexuel”.
9 The portion of section 152 of the Act before paragraph (a) is replaced by the following:
Marginal note:Invitation to sexual touching or exposure
152 (1) Every person commits an offence who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to
(a) touch, directly or indirectly, with a part of the body or with an object, their own body, the body of the person who so invites, counsels or incites or the body of any other person; or
(b) expose their own sexual organs.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1)
10 (1) Paragraph 153(1)(a) of the French version of the Act is replaced by the following:
a) dans un but sexuel, touche, directement ou indirectement, avec une partie de son corps ou avec un objet, une partie du corps de l’adolescent;
(2) Subsection 153(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) by the following:
(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, their own body, the body of the person who so invites, counsels or incites or the body of any other person; or
(c) for a sexual purpose, invites, counsels or incites the young person to expose their own sexual organs.
11 The portion of subsection 153.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Sexual exploitation of person with disability
153.1 (1) Every person commits an offence who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to, without that person’s consent,
(a) touch their own body, the body of the person who so counsels or incites or the body of any other person, directly or indirectly, with a part of the body or with an object; or
(b) expose their own sexual organs.
Marginal note:Punishment
(1.1) Every person who commits an offence under subsection (1) is guilty of
12 (1) Section 160 of the Act is amended by adding the following after subsection (3):
Marginal note:Representation of bestiality
(3.1) Every person commits an offence who knowingly publishes, distributes, transmits, sells, makes available or advertises any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality.
Marginal note:Defence of public good
(3.2) No person shall be convicted of an offence under subsection (3.1) if the conduct that forms the subject-matter of the charge served the public good and did not extend beyond what served the public good.
Marginal note:Question of law and fact, motives
(3.3) For the purposes of subsection (3.2),
(a) it is a question of law whether the conduct served the public good and whether there is evidence that the conduct alleged went beyond what served the public good, but it is a question of fact whether the conduct did or did not extend beyond what served the public good; and
(b) the motives of the accused are irrelevant.
Marginal note:Punishment — representation of bestiality
(3.4) Every person who commits an offence under subsection (3.1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
(2) The portion of subsection 160(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order of prohibition or restitution
(4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3) and (3.4),
13 (1) The portion of subsection 161(1) of the Act before paragraph (a.1) is replaced by the following:
Marginal note:Order of prohibition
161 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 18 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from
(a) attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre;
(2) Paragraphs 161(1)(b) and (c) of the Act are replaced by the following:
(b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 18 years;
(c) having any contact — including communicating by any means — with a person who is under the age of 18 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or
(3) Paragraph 161(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2);
14 (1) Paragraphs 162(1)(a) and (b) of the Act are replaced by the following:
(a) the person is in a place in which a person can reasonably be expected to be nude or nearly nude, to expose their sexual organs or to be engaged in explicit sexual activity;
(b) the person is nude, is nearly nude, is exposing their sexual organs, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(2) Paragraph 162(5)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
15 (1) Paragraph 162.1(1)(a) of the Act is replaced by the following:
(a) of an indictable offence and liable to imprisonment
(i) for a term of not more than 10 years, or
(ii) for a term of not more than 14 years if the accused knew or ought to have known that, at the time the intimate image was made, aggravated sexual assault was being, or had just been, committed against the person depicted in the image; or
(2) Subsection 162.1(2) of the Act is replaced by the following:
Marginal note:Threat to publish, etc.
(1.1) Everyone who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that the person depicted in the image would not give their consent to that conduct, or being reckless as to whether or not that person would give their consent to that conduct, is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) guilty of an offence punishable on summary conviction.
Marginal note:Definition of intimate image
(2) In this section, intimate image means
(a) a visual recording of a person made by any means including a photographic, film or video recording,
(i) in which the person is nude, is nearly nude, is exposing their sexual organs or is engaged in explicit sexual activity,
(ii) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy, and
(iii) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed; or
(b) a visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software, and that shows an identifiable person who is depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person.
16 Subsection 162.2(1) of the Act is replaced by the following:
Marginal note:Prohibition order
162.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under subsection 160(3.1) or section 162.1, the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.
17 (1) Subparagraph 163.1(1)(a)(ii) of the Act is replaced by the following:
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a person under the age of eighteen years;
(2) Section 163.1 of the Act is amended by adding the following after subsection (4.2):
Marginal note:Threat to publish, etc.
(4.21) Every person who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise any child sexual abuse and exploitation material
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
18 (1) Subsections 164(1) to (5) of the Act are replaced by the following:
Marginal note:Warrant of seizure
164 (1) A judge may issue a warrant authorizing seizure of copies of any material — including a recording, publication or written material, or representation — if the judge is satisfied by information on oath that there are reasonable grounds to believe that
(a) the material is illicit material; and
(b) copies of the material are kept in premises within the jurisdiction of the court and, in the case of material alleged to be illicit material described in any of paragraphs (a) to (d) of the definition of that term in subsection (8), are so kept for sale or distribution.
Marginal note:Summons to occupier
(2) Within seven days of the day on which the warrant is issued, the judge shall issue a summons to the occupier of the premises requiring them to appear before the court and show cause why the seized thing should not be forfeited to His Majesty.
Marginal note:Owner and maker may appear
(3) The owner and the maker of the seized thing that is alleged to be illicit material may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the thing.
Marginal note:Order of forfeiture
(4) If the court is satisfied, on a balance of probabilities, that the seized thing is illicit material, it may make an order declaring the thing to be forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Marginal note:Restoration
(5) If the court is not satisfied that the seized thing is illicit material, it shall order that the thing be restored to the person from whom it was seized without delay after the time for final appeal has expired.
(2) 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 any material, no proceedings shall be instituted or continued in that province under subsection 160(3.1) or section 162, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same material without the consent of the Attorney General.
(3) The definitions advertisement for conversion therapy, advertisement of sexual services, intimate image and voyeuristic recording in subsection 164(8) of the Act are repealed.
(4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:
- illicit material
illicit material means
(a) any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality, as defined in subsection 160(7),
(b) a visual recording, as defined in subsection 162(2), that is made as described in subsection 162(1),
(c) an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1,
(d) a publication that is obscene, within the meaning of subsection 163(8),
(e) child sexual abuse and exploitation material, as defined in subsection 163.1(1),
(f) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4, or
(g) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; (matériel illicite)
Page Details
- Date modified: