Protecting Victims Act (S.C. 2026, c. 19)
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Assented to 2026-06-18
R.S., c. C-46Criminal Code (continued)
Transitional Provisions (continued)
Marginal note:Exception to section 489.1
103 Subsection 489.1(4) of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Period for further detention — subsection 490(2)
104 Subsection 490(2) of the Act, as amended by section 44, applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Part XV.1
105 For greater certainty, Part XV.1 of the Act applies only with respect to an offence that is committed on or after the commencement day.
Marginal note:Non-application of section 507.1
106 Subsection 507.1(9) of the Act, as enacted by section 47, applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Judicial interim release
107 For greater certainty, paragraphs 515(3)(a) and (b), (4.1)(a), (4.3)(c) and (6)(b.1) and (b.2) of the Act, as construed in application of section 3.01 of the Act, apply with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Adjournment
108 For greater certainty, subsections 537(1.001), 571(2), 645(3.1), 803(1.1) and 824(2) of the Act apply with respect to any matter or proceeding that is ongoing on commencement day.
Marginal note:Section 657.4
109 For greater certainty, section 657.4 of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Revocation or variation of order — non-publication
110 Section 672.5011 of the Act applies with respect to orders that are made under section 672.501 of the Act before commencement day.
Marginal note:Alternative measure
111 (1) An alternative measure used in respect of a person alleged to have committed an offence under any of sections 717 to 717.4 of the Act, as those sections read before the commencement day, is deemed, on or after the commencement day, to be an alternative measure, as defined in section 715.44 of the Act.
Marginal note:Application
(2) The provisions enacted by sections 59, 64 and 65 apply with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Victim and community impact statements
112 For greater certainty, sections 722 and 722.2 of the Act, as amended by section 66 and 67, respectively, apply with respect to any matter or proceeding that is ongoing on commencement day.
Marginal note:Endorsement — intimate partner violence
113 For greater certainty, section 726.21 of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Order prohibiting contact
114 For greater certainty, section 729.2 of the Act applies only with respect to an offence that is committed on or after commencement day.
Marginal note:Restitution order
115 For greater certainty, section 740.1 of the Act applies only with respect to an order referred to in section 732.1 or 742.3 of the Act, as that section read on commencement day, in respect of an offence that is committed on or after that day.
Marginal note:Prosecutor’s duty to advise court
116 Section 752.01 of the Act, as enacted by section 77, applies only with respect to an offence that is committed on or after the commencement day.
Marginal note:Recognizances — section 810.03
117 Section 810.03 of the Act, as amended by section 81, applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Recognizance — section 810.1
118 Section 810.1 of the Act, as amended by section 82, applies with respect to any matter or proceeding that is ongoing on the commencement day.
Review
Marginal note:Review by Senate and House of Commons
118.1 Five years after the day on which this Act receives royal assent, or as soon as feasible after that day, a comprehensive review of section 264.01 of the Criminal Code and its operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. The review is to consider, among other things, the criminalization of coercive or controlling conduct in relationships other than intimate partner relationships.
Marginal note:Review by Senate and House of Commons
119 Five years after the day on which Part XV.1 of the Criminal Code comes into force, or as soon as feasible after that day, a comprehensive review of the provisions and operation of that Part is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
120 The fifth paragraph of the preamble to the Youth Criminal Justice Act is replaced by the following:
AND WHEREAS Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims and the rights that they have under the Canadian Victims Bill of Rights, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons;
121 (1) Subparagraph 3(1)(c)(ii) of the Act is replaced by the following:
(ii) encourage the repair of harm done to victims and the community, including, where appropriate, through a restorative justice process,
(2) Subparagraph 3(1)(c)(iv) of the Act is replaced by the following:
(iv) respect the needs, personal circumstances and characteristics of young persons, including in relation to race, national or ethnic origin, culture, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, with particular attention to those of Aboriginal young persons and Black young persons; and
(3) Subparagraphs 3(1)(d)(ii) and (iii) of the Act are replaced by the following:
(ii) victims should be treated with courtesy, compassion, fairness and respect, including respect for their dignity and privacy, and have their interest in timely justice considered during their involvement with the youth criminal justice system,
(iii) victims should be provided with information about the youth criminal justice system and their role in it, the services and programs available to them as victims and the proceedings and be given an opportunity to participate and be heard, and
122 Subsection 6(1) of the Act is replaced by the following:
Marginal note:Police — warnings, cautions and referrals
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person to address their offending behaviour.
123 The Act is amended by adding the following after section 6:
Marginal note:Prosecutor — warnings, cautions and referrals
6.1 (1) A prosecutor shall, before starting or continuing judicial proceedings against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to warn the young person, administer a caution, if a program has been established under section 8, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person to address their offending behaviour.
Marginal note:Saving
(2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the young person for the offence.
124 Section 9 of the Act is replaced by the following:
Marginal note:Evidence of measures is inadmissible
9 Evidence that a young person has received a warning, caution or referral mentioned in any of sections 6 to 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.
125 Subsection 10(1) of the Act is replaced by the following:
Marginal note:Extrajudicial sanctions
10 (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in any of sections 6 to 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.
126 Section 12 of the Act is replaced by the following:
Marginal note:Victim’s right to information
12 If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall inform the victim of the identity of the young person and how the offence has been dealt with, if the victim wishes to receive the information.
127 Subsection 14(2) of the Act is replaced by the following:
Marginal note:Orders
(2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence), 810.1 (recognizance — fear of sexual offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
128 Subsection 19(2) of the Act is replaced by the following:
Marginal note:Mandate of conference
(2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans or to facilitate the use of restorative justice processes.
129 Section 48 of the Act is replaced by the following:
Marginal note:Reasons for sentence
48 When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall give or cause to be given a copy of the sentence and the reasons for the sentence to the young person, the young person’s counsel, a parent of the young person, the provincial director, the prosecutor, the victim, if the victim wishes to receive the information, and, in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.
Marginal note:Inquiry by youth justice court
48.1 When imposing a youth sentence, a youth justice court shall inquire of the prosecutor whether reasonable steps were taken to determine whether the victim wishes to receive information regarding the youth sentence and its administration and shall, if known, enter the victim’s wishes in the record of the case.
130 Subsection 50(1) of the Act is replaced by the following:
Marginal note:Application of Part XXIII of Criminal Code
50 (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for Aboriginal offenders), sections 722 (victim impact statement), 722.1 (copy of statement) and 722.2 (community impact statement), subsection 730(2) (period for which appearance notice, etc., continues in force) and sections 748 (to whom pardon may be granted), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.
131 Paragraph 83(2)(a) of the Act is replaced by the following:
(a) that the least restrictive measures necessary to ensure the protection of the public, of personnel working with young persons and of young persons, and the safety and security of victims, be used;
132 Subsection 111(1) of the Act is replaced by the following:
Marginal note:Identity of victim or witness not to be published
111 (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, even if the child or young person is deceased, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.
133 Paragraph 142(1)(a) of the Act is replaced by the following:
(a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence), 810.1 (recognizance — fear of sexual offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;
Transitional Provision
Marginal note:Application
134 Subsection 6(1), sections 6.1 and 9 and subsection 10(1) of the Youth Criminal Justice Act, as enacted by sections 122 to 125, apply with respect to any matter or proceeding that is ongoing on the day on which section 122 comes into force.
2015, c. 13, s. 2Canadian Victims Bill of Rights
135 The preamble to the Canadian Victims Bill of Rights is amended by adding the following after the second paragraph:
Whereas it is important that every victim of crime be treated in a manner that takes into account the impacts of the trauma that they experienced;
Whereas it is important that the criminal justice system include an approach that is victim-centred and considerate of the needs and concerns of victims of crime in order to avoid retraumatizing them;
Whereas delays in the criminal justice system have a detrimental impact on victims of crime and undermine the public’s confidence in the administration of justice;
Whereas victims of crime have an interest in timely trials and the timely resolution of matters relating to offences;
136 The Act is amended by adding the following after the heading “Rights” after section 5:
Respect
Marginal note:Respect, courtesy, compassion and fairness
5.1 Every victim has the right to be treated with respect, courtesy, compassion and fairness by the appropriate authorities in the criminal justice system.
Timely Justice
Marginal note:Timely trial and resolution
5.2 Every victim has the right to have taken into consideration their interest in a timely trial and the timely resolution of matters relating to the offence.
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