Protecting Victims Act (S.C. 2026, c. 19)
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Assented to 2026-06-18
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
35 (1) Subsection 279.04(2) of the Act is replaced by the following:
Marginal note:Circumstances
(2) In determining whether an accused exploits a complainant under subsection (1), the Court must consider all the circumstances, including the nature of the relationship between the accused and the complainant and all of the following facts with respect to which there is evidence:
(a) the accused used, or threatened or attempted to use, force or another form of coercion;
(b) the accused used deception;
(c) the accused abused a position of trust, power or authority;
(d) the accused engaged in controlling or directive behaviour, including with respect to finances, living conditions, appearance, communications with others, the labour or service provided or offered to be provided or the advertising of the labour or service or documents that establish or purport to establish the person’s identity or immigration status;
(e) the accused subjected the complainant to degrading or humiliating behaviour;
(e.1) the accused used, or threatened or attempted to use, violence against any animal known to the complainant;
(e.2) the accused damaged, or threatened or attempted to damage, the complainant’s property or the property of anyone known to the complainant;
(f) the accused exposed the complainant to behaviour referred to in paragraphs (a) to (e.2) directed at another person;
(g) the accused received an undue benefit in relation to the labour or service;
(h) the complainant is vulnerable, including because of age, mental or physical disability or personal circumstances such as the use of intoxicating substances, isolation, social or economic disadvantage, immigration status or any circumstance that has resulted or may result in victimization;
(i) the accused manipulated the complainant by targeting their vulnerabilities.
(2) Section 279.04 of the Act is amended by adding the following after subsection (3):
Marginal note:For greater certainty
(4) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
36 Subsection 286.1(2) of the Act is amended by replacing “a term of not more than 10 years” with “a term of not more than 14 years”.
37 Section 346 of the Act is amended by adding the following after subsection (1.3):
Marginal note:Aggravating factor
(1.4) If a person has been determined by a court to be guilty of an offence under this section, the court that imposes the sentence must consider as an aggravating factor the fact that the offence was of a sexual nature or committed for a sexual purpose.
38 (1) Subsections 486.1(1) and (2) of the Act are replaced by the following:
Marginal note:Support person or animal — witnesses under 18 or who have a disability
486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Victims — certain offences
(1.1) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Marginal note:Other witnesses
(2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.
(2) Subsection 486.1(2.1) of the English version of the Act is replaced by the following:
Marginal note:Application
(2.1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
(3) Section 486.1 of the Act is amended by adding the following after subsection (6):
Marginal note:Written reasons
(7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.
39 (1) Subsections 486.2(1) and (2) of the Act are replaced by the following:
Marginal note:Testimony outside court room — witnesses under 18 or who have a disability
486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Victims — certain offences
(1.1) Despite section 650, in any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Marginal note:Other witnesses
(2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify, at the option of the witness, either outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.
(2) Subsections 486.2(2.1) of the English version of the Act is replaced by the following:
Marginal note:Application
(2.1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
(3) Subsections 486.2(5) and (6) of the Act are replaced by the following:
Marginal note:Conditions of exclusion
(5) A witness shall not testify outside the court room in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or videoconference and the accused is permitted to communicate with counsel while watching the testimony.
Marginal note:No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
Marginal note:Written reasons
(7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.
40 (1) Subsection 486.3(2) of the Act is replaced by the following:
Marginal note:Accused not to cross-examine victim — certain offences
(2) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
Marginal note:Inquiry by court
(2.1) If an application for an order under subsection (1) or (2) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
(2) Section 486.3 of the Act is amended by adding the following after subsection (5):
Marginal note:Written reasons
(6) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.
41 The Act is amended by adding the following after section 486.7:
Marginal note:For greater certainty
486.71 For greater certainty, nothing in sections 486 to 486.5 or 486.7 prohibits a judge or justice from making more than one order regarding the same witness under those sections.
42 Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (v):
(v.1) section 264.01 (coercion or control of intimate partner),
43 Section 489.1 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception — computer data
(4) This section does not apply with respect to computer data, as defined in subsection 342.1(2), other than virtual currency or other digital assets.
44 The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Further detention
(2) Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than 180 days after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless
45 (1) Subparagraph (a)(x) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:
(ix.1) subsection 160(3.1) (representation of bestiality),
(x) subsection 162.1(1) (intimate image — publication etc.),
(x.1) subsection 162.1(1.1) (intimate image — threat to publish etc.),
(2) Paragraph (a) of the definition secondary offence in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (ix):
(ix.1) section 264.01 (coercion or control of intimate partner),
46 The Act is amended by adding the following after section 492.2:
PART XV.1Unreasonable Delay
Definitions
Marginal note:Definitions
492.21 The following definitions apply in this Part.
- court
court means a court seized of an application for a determination of unreasonable delay. (tribunal)
- unreasonable delay
unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms. (délai déraisonnable)
Jurisdiction
Marginal note:Jurisdiction not lost
492.22 A finding of unreasonable delay by a court in respect of any proceedings does not deprive a court seized with those proceedings of jurisdiction in respect of the offence, the accused or the offender.
Application
Marginal note:Stay of proceedings
492.23 A court shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Part.
Marginal note:Common law rules and principles
492.24 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Part.
Notice to Victims
Marginal note:Reasonable steps to inform
492.25 (1) If an application for a finding of unreasonable delay is filed with the court, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application.
Marginal note:Court to inquire if notice given
(2) The court shall, at the time the application is heard, inquire of the prosecutor if reasonable steps were taken to inform the victims, if any, of the filing of the application.
Marginal note:Notice of court’s decision
(3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision.
Marginal note:Decision not precluded
(4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court from making a decision in respect of the application.
Case Complexity
Marginal note:Case complexity — factors
492.26 (1) In determining whether there has been or will be unreasonable delay, the court shall consider whether there are any relevant factors that contributed or will contribute to making the case complex.
Marginal note:Applications and motions — factors
(2) If the case involved or will involve applications or motions, either before, during or after the trial, the court shall also consider the following factors in assessing whether the case is complex:
(a) the number of applications or motions;
(b) whether any of the applications or motions required or will require scheduling court dates separately and in advance of trial dates;
(c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;
(d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions
(e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions;
(f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated;
(g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and
(h) any factor that the court finds relevant in assessing the complexity of the applications or motions.
Days to Be Excluded
Marginal note:Exclusions — sexual offence proceedings
492.27 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods:
(a) in respect of any application made under section 276.01, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 276.02,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
(b) in respect of any application made under section 278.12 or 278.21, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 278.13(1) or 278.22(1) to the persons referred to in subsection 278.12(5) or 278.21(5),
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; and
(c) in respect of any application made under section 278.3, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 278.31,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.
Marginal note:Exclusions — Canada Evidence Act
492.28 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods:
(a) in the case of an objection made under subsection 37(1) of the Canada Evidence Act before a superior court, the period that begins on the day the objection was made and ends on the day the objection was finally determined;
(b) in the case where an objection was made under subsection 37(1) of that Act before a court, person or body other than a superior court and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;
(c) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.
Marginal note:Exclusion — Canadian Security Intelligence Service Act
492.29 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined.
Marginal note:Actions not made in good faith
492.3 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 492.27 to 492.29, the court shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada.
Alternative Remedies to Stay of Proceedings
Marginal note:Alternative remedies to be considered
492.31 (1) A court shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.
Marginal note:Factors to be considered
(2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court shall take into account the following factors:
(a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;
(b) the impact that a stay of proceedings is likely to have on any victim of the offence;
(c) the prejudice that has been or would be suffered by the accused or offender as a result of unreasonable delay;
(d) the public’s confidence in the administration of justice; and
(e) the interest that society has in having a final decision on the merits.
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