Criminal Code (R.S.C., 1985, c. C-46)
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Act current to 2026-06-21 and last amended on 2026-06-15. Previous Versions
AMENDMENTS NOT IN FORCE
— 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10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.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(2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.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1 (2.1) Subsection 241.2(2.1) of the Act is repealed.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.
— 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. 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.
— 2026, c. 11, s. 2
2 (1) Paragraph (c) of the definition superior court of criminal jurisdiction in section 2 of the Criminal Code is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Court of Appeal or the Supreme Court,
(2) Paragraph (e) of the definition superior court of criminal jurisdiction in section 2 of the Act is replaced by the following:
(e) in Yukon and the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 3
3 The definition superior court in subsection 84(1) of the Act is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:
(d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador and a territory, the Supreme Court; (cour supérieure)
— 2026, c. 11, s. 4
4 Paragraph 145(5)(b) of the Act is replaced by the following:
(b) is bound to comply with an order under subsection 515(12), 516.1(1) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
— 2026, c. 11, s. 5
5 Paragraphs (c) and (d) of the definition court in subsection 164(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 6
6 (1) Paragraph 188(4)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Chief Justice of the Supreme Court;
(2) Paragraph 188(4)(e) of the Act is repealed.
— 2026, c. 11, s. 6.1
6.1 (1) Subsection 269.01(1) of the Act is replaced by the following:
Aggravating circumstance — assault against a public transit employee
269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit employee engaged in the performance of his or her duty.
(2) The definition public transit operator in subsection 269.01(2) of the Act is replaced by the following:
- public transit employee
public transit employee means an individual who works for, or is contracted to work for, an organization that provides passenger transportation services to the public. (employé des services de transport en commun)
— 2026, c. 11, s. 7
7 Paragraphs (c) and (d) of the definition court in subsection 320(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 8
8 Subsection 320.24(4) of the Act is replaced by the following:
Discretionary order of prohibition — other offences
(4) If an offender is found guilty of an offence under section 220, 221, 236 or 320.13, subsection 320.14(2) or (3) or 320.15(2) or (3) or any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).
— 2026, c. 11, s. 9
9 The Act is amended by adding the following after section 333.1:
Sentences to be served consecutively — breaking and entering
333.11 (1) A sentence imposed on a person for an offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence under section 348 arising out of the same event or series of events.
Sentences to be served consecutively — other offences
(2) A sentence imposed on a person for a second or subsequent offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence arising out of the same event or series of events.
— 2026, c. 11, s. 10
10 The Act is amended by adding the following after section 334:
Aggravating circumstance — stolen property
334.1 (1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343, 348, 351 or 354, it shall consider as an aggravating circumstance the fact that the offence was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant.
Aggravating circumstance — essential infrastructure
(2) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343 or 430, it shall consider as an aggravating circumstance the fact that the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.1(2), or caused it to be unsafe or unfit for use.
— 2026, c. 11, s. 11
11 The Act is amended by adding the following after section 346:
Sentences to be served consecutively
346.1 A sentence imposed on a person for an offence under section 346 shall be served consecutively to any other sentence imposed on the person for an offence under any of sections 433 to 436 arising out of the same event or series of events.
— 2026, c. 11, s. 11.1
11.1 Paragraph 485.2(7)(c) of the Act is replaced by the following:
(c) set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 12
12 The heading before section 493 of the French version of the Act is replaced by the following:
Définitions et interprétation
— 2026, c. 11, s. 13
13 The Act is amended by adding the following after section 493:
Clarification — indictable offence
493.01 For greater certainty, a reference to an indictable offence includes an offence that may be punishable on summary conviction if it is also an offence that may be prosecuted by indictment, unless the prosecutor has elected to proceed by way of summary conviction.
— 2026, c. 11, s. 14
14 The Act is amended by adding the following after section 493.1:
Clarification
493.11 (1) For greater certainty, section 493.1 does not require the accused to be released.
Application
(2) For the purposes of section 493.1,
(a) a peace officer shall not release the accused if the peace officer believes on reasonable grounds that it is necessary in the public interest for the accused to be detained in custody under subsection 498(1.1), including for the safety and security of any victim of or witness to the offence;
(b) a peace officer shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the purposes referred to in subsection 501(3), including the safety and security of any victim of or witness to the offence;
(c) a justice or judge, as the case may be, shall not give primary consideration to the release of the accused at the earliest reasonable opportunity if the accused is one to whom subsection 515(6), 522(2), 523(2.1) or 524(4) applies;
(d) a justice or judge shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the grounds referred to in subsection 515(10), including the protection or safety of the public; and
(e) a justice or judge shall not order that the accused be released if the detention of the accused is justified under subsection 515(10), including for the protection or safety of the public.
— 2026, c. 11, s. 15
15 Section 495.1 of the Act is replaced by the following:
Arrest without warrant — application of section 524
495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
— 2026, c. 11, s. 15.1
15.1 Subsection 500(2) of the Act is replaced by the following:
Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsections 524(4) and (6.2) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
— 2026, c. 11, s. 15.2
15.2 Paragraph 501(1)(c) of the Act is replaced by the following:
(c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 16
16 Subsection 502(2) of the Act is replaced by the following:
Replacement or variation without consent
(2) The accused or the prosecutor may, in the absence of consent between them,
(a) apply to a justice for a release order referred to in section 515 to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order; or
(b) apply to a justice to vary the undertaking in respect of which the accused has been released under section 498, 499 or 503, in which case the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
If the prosecutor makes the application, the prosecutor must provide three days’ notice to the accused.
— 2026, c. 11, s. 17
17 The portion of subsection 503(1) of the Act before paragraph (a) is replaced by the following:
Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part or under section 705.1 shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
— 2026, c. 11, s. 18
18 Subsection 507(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera; and
— 2026, c. 11, s. 19
19 Paragraph 507.1(3)(a) of the Act is replaced by the following:
(a) has heard and considered, ex parte and in camera, the allegations of the informant and the evidence of witnesses;
— 2026, c. 11, s. 20
20 (1) Subsection 508(1) of the Act is amended by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera;
(2) Paragraph 508(1)(b) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) in the case of the undertaking, amend it to correct the time and place set out in the condition requiring the accused to attend court; and
— 2026, c. 11, s. 20.1
20.1 Subsection 509(4) of the Act is replaced by the following:
Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 21
21 Section 511 of the Act is amended by adding the following after subsection (2):
Warrant — cancellation
(2.1) Despite subsection (2), a judge or justice having jurisdiction in the territorial division in which the warrant was issued may cancel the warrant on application by the prosecutor, with or without the appearance of the accused, if the judge or justice is satisfied that it is in the interests of justice to do so.
— 2026, c. 11, s. 22
22 Section 512.3 of the Act is replaced by the following:
Warrant to appear under section 524
512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking the accused before a justice under section 524.
— 2026, c. 11, s. 23
23 (1) Section 515 of the Act is amended by adding the following after subsection (2.03):
Non-application
(2.04) Subsection (2.01) does not apply to an accused to whom subsection (6) applies.
(1.1) Section 515 of the Act is amended by adding the following after subsection (2.1):
Prohibition — surety convicted of indictable offence
(2.11) Despite subsection (2.1), a judge, justice or court shall not name a person as surety if the person was convicted of an indictable offence within ten years before the day on which the release order is made unless the judge, justice or court is satisfied that no other suitable surety is available and that doing so is in the interests of justice.
Record of reasons for surety
(2.12) If a judge, justice or court names a person described in subsection (2.11) as a surety, the judge, justice or court shall include in the record a statement of the reasons for doing so.
(2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph (a):
(a.1) whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted; or
(3) Subsection 515(4.1) of the Act is replaced by the following:
Condition prohibiting possession of firearms, etc.
(4.1) When the justice makes an order under subsection (2) in respect of an accused who is charged with any of the following offences, the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person:
(a) an offence in the commission of which violence against a person was used, threatened or attempted;
(b) a terrorism offence;
(c) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(d) an offence under section 264 (criminal harassment);
(e) an offence under section 346 (extortion);
(f) an offence under section 423.1 (intimidation of a justice system participant);
(g) an offence under subsection 423.2(1) (intimidation — health services);
(h) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
(i) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
(j) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
(k) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(4) Subsection 515(4.3) of the Act is amended by adding the following after paragraph (a):
(a.1) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(5) Paragraph 515(4.3)(b) of the Act is amended by replacing “264” with “264, 346”.
(6) Section 515 of the Act is amended by adding the following after subsection (4.3):
Additional conditions
(4.4) Before making an order under subsection (2) in respect of an accused who is charged with an offence described in subsection 333.1(1), (3) or (4) or paragraph 348(1)(d), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order that the accused
(a) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(b) abstain from having in their possession any instrument specified in the order that is suitable for the purpose of breaking into any place or motor vehicle; or
(c) return to and remain at their place of residence at the times specified in the order.
(7) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following:
Order of detention
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10), the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(8) Subparagraph 515(6)(a)(iv) of the English version of the Act is replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act,
(9) Paragraph 515(6)(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after subparagraph (viii):
(ix) that is an offence under any of sections 266 to 268 and 271 to 273 in the commission of which the accused is alleged to have choked, suffocated or strangled the complainant,
(x) that is an offence under section 279.01 or 279.011,
(xi) that is an offence under subsection 333.1(3) or (4),
(xii) that is an offence under subsection 346 in the commission of which violence was allegedly used, threatened or attempted against any person,
(xii.1) that is an offence in the commission of which violence was allegedly used and that would constitute the accused’s third or subsequent indictable offence in the commission of which violence was used,
(xiii) that is an offence under paragraph 348(1)(d), or
(xiv) that is an offence under section 117 or 118 of the Immigration and Refugee Protection Act;
(10) Paragraph 515(6)(b.2) of the Act is replaced by the following:
(b.2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within 10 years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more;
(11) Paragraph 515(10)(c) of the Act is amended by striking out “and” at the end of subparagraph (iii), by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) the number or gravity of any outstanding charges against the accused that arise out of separate events.
— 2026, c. 11, s. 24
24 Section 516 of the Act is replaced by the following:
Adjournment of proceedings
516 A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.
Remand in custody — non-communication order
516.1 (1) A justice who remands an accused to custody under subsection 503(3) or 515(11) or section 516 may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.
Duration of order
(2) An order made under subsection (1) remains in force,
(a) until it is varied or revoked;
(b) until an order in respect of the accused is made under section 515;
(c) until the accused is acquitted of the offence, if applicable; or
(d) until the time the accused is sentenced, if applicable.
— 2026, c. 11, s. 25
25 (1) Subsection 520(1) of the Act is replaced by the following:
Review of order
520 (1) If a judge or justice makes an order under subsection 515(2), (5), (6), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
(2) Paragraph 520(7)(e) of the Act is replaced by the following:
(e) if the accused shows cause, allow the application, vacate or vary the order previously made by the justice and make any other order provided for in section 515 that the judge considers is warranted.
(3) Subsection 520(8) of the Act is replaced by the following:
Limitation of further applications
(8) If an application under this section or section 521 or 525 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, before the expiry of 30 days from the date of the decision of the judge who heard the previous application.
— 2026, c. 11, s. 26
26 (1) Subsection 521(1) of the Act is replaced by the following:
Review of order
521 (1) If a judge or justice makes an order under subsection 515(1), (2), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
(2) Paragraph 521(8)(e) of the Act is replaced by the following:
(e) if the prosecutor shows cause, allow the application, vacate or vary the order previously made by the justice and make any other order provided for in section 515 that the judge considers to be warranted.
(3) Subsection 521(9) of the Act is replaced by the following:
Limitation of further applications
(9) If an application under this section or section 520 or 525 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, before the expiry of 30 days from the date of the decision of the judge who heard the previous application.
— 2026, c. 11, s. 27
27 (1) Subsection 522(2) of the Act is replaced by the following:
Idem
(2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified within the meaning of subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.
(2) Section 522 of the Act is amended by adding the following after subsection (3):
Non-application
(3.1) For the purposes of subsection (3), subsection 515(2.01) does not apply to an accused referred to in subsection (2).
— 2026, c. 11, s. 28
28 (1) Subsection 523(1) of the Act replaced by the following:
Period for which appearance notice, etc., continues in force
523 (1) Subject to subsection (2), if an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
(a) if the accused is, at their trial, determined to be guilty of an offence listed in section 469, until their trial is completed;
(b) if the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, until a sentence within the meaning of section 673 is imposed on the accused; or
(c) in any other case, until their trial is completed.
(2) Paragraph 523(2)(a) of the Act is replaced by the following:
(a) the court, judge or justice before which or whom an accused who is charged with an offence listed in section 469 is being tried, at any time until the accused’s trial is completed,
(a.1) the court, judge or justice before which or whom an accused who is charged with an offence other than an offence listed in section 469 is being tried, at any time until a sentence within the meaning of section 673 is imposed on the accused,
(3) Paragraph 523(2)(c) of the Act is replaced by the following:
(c) with the consent of the prosecutor and the accused or, if the accused or the prosecutor applies to vacate or vary an order that would otherwise apply under subsection (1.1), without such consent,
(i) the court, judge or justice before which or whom an accused is to be tried, at any time,
(ii) if the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, at any time until the accused’s trial is completed, or
(iii) if the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice, at any time until a sentence within the meaning of section 673 is imposed on the accused,
may, on cause being shown, vacate or vary any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused that the court, judge or justice considers to be warranted.
(4) Section 523 of the Act is amended by adding the following after subsection (2):
Order of detention until sentencing — onus
(2.1) Despite subsection (2), if the prosecutor brings an application to vacate an order for the interim release of the accused after the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469 and before a sentence within the meaning of section 673 is imposed on the accused, the court, judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.
Application — subsection (2)
(2.2) For the purposes of subsection (2), if an accused is charged with an offence listed in section 469 but is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, the accused is deemed to have been charged with an offence other than an offence listed in section 469.
Non-application
(2.3) For the purposes of subsection (2), subsection 515(2.01) does not apply to an accused referred to in subsection (2.1).
— 2026, c. 11, s. 29
29 (1) Paragraph 524(2)(b) of the Act is replaced by the following:
(b) the accused has been arrested for having committed an offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
(2) Paragraph 524(3)(b) of the Act is replaced by the following:
(b) there are reasonable grounds to believe that the accused has committed an offence while being subject to the summons, appearance notice, undertaking or release order.
(3) Subsection 524(4) of the Act is replaced by the following:
Detention — onus on accused
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall, in the following circumstances, order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection:
(a) the judge or justice found under paragraph (3)(a) that the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order;
(b) the judge or justice found under paragraph (3)(b) that there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order; or
(c) any of the outstanding charges against the accused include charges for an offence referred to in subsection 515(6) or 522(2).
(4) Section 524 of the Act is amended by adding the following after subsection (5):
Non-application
(5.1) For the purposes of subsection (5), subsection 515(2.01) does not apply to an accused referred to in subsection (4).
(5) Section 524 of the Act is amended by adding the following after subsection (6):
Release order — onus on prosecutor
(6.1) If the judge or justice cancels the summons, appearance notice, undertaking or release order in respect of an accused to whom subsection (4) does not apply, the judge or justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order referred to in subsection 515.
Detention order
(6.2) If the judge or justice does not make a release order under subsection (6.1), they shall make a detention order referred to in section 515.
(6) Subsections 524(9) and (10) of the Act are replaced by the following:
Review — order by judge
(9) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.
Review — order of justice
(10) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.
— 2026, c. 11, s. 30
30 (1) Section 525 of the Act is amended by adding the following after subsection (4):
Clarification
(4.1) For greater certainty, if in conducting the hearing referred to in subsection (1) the judge conducts a proceeding under section 515, they shall order the release or detention of the accused on cause being shown in accordance with that section.
(2) Section 525 of the Act is amended by adding the following after subsection (5):
Detention order
(5.1) If the judge does not make a release order under subsection (5), the judge shall make an order that the accused continue to be detained. The order is deemed to be a detention order made under section 515.
Clarification — further hearing
(5.2) For greater certainty, after an order is made under subsection (5.1), no further hearing under this section shall be held unless required by the judge under paragraph (4)(b).
— 2026, c. 11, s. 31
31 The portion of subsection 527(5) of the English version of the Act before paragraph (a) is replaced by the following:
Detention in other cases
(5) If the appearance of a prisoner is required for the purposes of subsection (1), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is
— 2026, c. 11, s. 32
32 Paragraph (h.1) of the definition judge in section 552 of the Act is replaced by the following:
(h.1) in the Province of Newfoundland and Labrador, a judge of the Supreme Court,
— 2026, c. 11, s. 33
33 Subparagraph 561(1)(b)(ii) of the French version of the Act is replaced by the following:
(ii) tout mode de procès avec le consentement écrit du poursuivant.
— 2026, c. 11, s. 34
34 Subsection 672.5(13) of the Act is replaced by the following:
Remote appearance
(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by videoconference for any part of the hearing.
Remote appearance — compelling circumstances
(13.01) Despite subsection (13), the court or Review Board may order their appearance by audioconference or videoconference if the court or Review Board determines that compelling circumstances exist to do so.
Audioconference only
(13.02) The court or Review Board may allow the accused to appear by audioconference only if it is satisfied that
(a) videoconferencing is not readily available; and
(b) the appearance by audioconference would permit the court or Review Board to conduct the proceedings effectively despite not seeing the accused.
Factors
(13.03) When deciding whether to make an order under subsection (13.01), the court or Review Board must take into account the following factors:
(a) the accused’s right to a review of their disposition;
(b) the location and personal circumstances of the accused, including any potential adverse effects of an audioconference or videoconference on the accused’s mental condition;
(c) the suitability of the available technology and the location from where the parties will participate in the hearing;
(d) the accused’s opportunity to communicate privately with legal counsel, if they are represented, or to have access to legal advice during the hearing;
(e) the subject matter and the anticipated complexity of the hearing; and
(f) any other factor that the court or Review Board considers relevant.
Written reasons
(13.04) If the court or Review Board decides to make the order, it must provide reasons in writing.
— 2026, c. 11, s. 34.1
34.1 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5), (6.1) or (6.2) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
— 2026, c. 11, s. 35
35 Section 705 of the Act is amended by adding the following after subsection (3):
Witness — warrant endorsement
(4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.1, authorize the release of the person referred to in the warrant, on an undertaking with conditions.
Conditions — undertaking
(5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding.
Apply to vary undertaking
(6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released.
Deeming
(7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.1.
— 2026, c. 11, s. 36
36 The Act is amended by adding the following after section 705:
Release — undertaking
705.1 (1) If a person has been arrested by a peace officer under a warrant issued under subsection 705(1) or (2) and the warrant has been endorsed under subsection 705(4), a peace officer may release the person if they give an undertaking in Form 10.1.
Information required
(2) The undertaking must set out
(a) the name, date of birth and contact information of the person; and
(b) information about the proceeding in which the person was served a subpoena or bound by a recognizance, to attend to give evidence.
Mandatory conditions
(3) The undertaking must include a condition that the person attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Other conditions
(4) The undertaking must include any condition that is imposed by the court, judge, justice or provincial court judge under subsection 705(5) and set out in the endorsement made in Form 29.1.
Signature — witness
(5) The person referred to in subsection 705(1) or (2) shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them.
Lack of signature — refusal or failure
(6) If the person fails or refuses to sign, the lack of the person’s signature does not invalidate the undertaking.
Conditions in effect
(7) The conditions with respect to the undertaking remain in effect until they are cancelled or changed or until the person appears and remains in attendance at the proceeding as required by the mandatory condition.
— 2026, c. 11, s. 37
37 Subsection 708(2) of the Act is replaced by the following:
Punishment
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years less a day, or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to that person’s detention, if any.
— 2026, c. 11, s. 38
38 The Act is amended by adding the following after section 718.04:
Objectives — offence of motor vehicle theft when violence used
718.05 If a court imposes a sentence for a second or subsequent offence under subsection 333.1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Objectives — offence of breaking and entering
718.06 If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Objectives — offence for the benefit of a criminal organization
718.07 If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
— 2026, c. 11, s. 39
39 (1) Subparagraph 718.2(a)(iii.2) of the Act is replaced by the following:
(iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, or was providing services as a first responder,
(2) Paragraph 718.2(a) of the Act is amended by striking out “and” at the end of subparagraph (vi), by adding “and” at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,
— 2026, c. 11, s. 40
40 Paragraph 718.3(4)(b) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) one of the offences was committed with the use of violence, threats or attempts of violence against another person and the accused has been convicted, within the previous five years, of one or more such offences.
— 2026, c. 11, s. 41
41 Section 734.5 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) where the proceeds of the fine belong to His Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of the legislature of a province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.
— 2026, c. 11, s. 42
42 The Act is amended by adding the following after section 734.5:
Compensation agreements
734.51 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority
(a) respecting the sharing with that province or authority of the amounts in respect of fines that are collected in respect of the prosecution of offences commenced under this Act or any other Act of Parliament, for the purpose of providing for compensation by Canada to that province or authority, in whole or in part, for the administration and enforcement of this Act or any other Act of Parliament; and
(b) despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.
Appropriation by Parliament
(2) All or a portion of the amount of fines referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.
— 2026, c. 11, s. 43
43 (1) Paragraph 742.1(c) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(ii.1) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(ii.2) section 273 (aggravated sexual assault), or
(2) Section 742.1 of the Act is amended by striking out “and” at the end of subparagraph (c)(iii) and by adding the following after paragraph (c):
(c.1) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
(i) section 153.1 (sexual exploitation of person with disability), or
(ii) section 271 (sexual assault);
(c.2) the offence is not an offence, prosecuted by way of indictment, of a sexual nature, or committed for a sexual purpose, that involves a victim under 18 years of age; and
— 2026, c. 11, s. 44
44 (1) Paragraph 745.6(3)(c) of the Act is repealed.
(2) Paragraph 745.6(3)(e) of the Act is replaced by the following:
(e) in relation to the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Chief Justice of the Supreme Court; and
— 2026, c. 11, s. 45
45 (1) Paragraph 812(1)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Supreme Court;
(2) Paragraph 812(1)(g) of the Act is repealed.
— 2026, c. 11, s. 46
46 The reference to “The Trial Division of the Supreme Court” in column II of the schedule to Part XXV of the Act, opposite “Newfoundland and Labrador” in column I, is replaced by a reference to “The Supreme Court”.
— 2026, c. 11, s. 47
47 The paragraph of Form 6 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(Subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this summons or are charged with committing an offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 48
48 The paragraph of Form 6.2 of Part XXVIII of the Act that begins with “If you are on interim release” and ends with “(section 524 of the Criminal Code).” is replaced by the following:
If you are on interim release and do not comply with this summons or are charged with committing an offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).
— 2026, c. 11, s. 49
49 Paragraphs (d) and (e) of Form 8 of Part XXVIII of the Act are replaced by the following:
□ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3), (4) and (6.2)];
□ (e) there are reasonable grounds to believe that the accused has committed an offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3), (4) and (6.2)];
— 2026, c. 11, s. 50
50 The paragraph of section 6 of Form 9 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this appearance notice or are charged with committing an offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 51
51 (1) Section 7 of Form 10 of Part XXVIII of the Act is replaced by the following:
7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code. Finally, you or the prosecutor may apply to a justice of the peace to vary this undertaking.
(2) The paragraph of section 9 of Form 10 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this undertaking or are charged with committing an offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 52
52 Part XXVIII of the Act is amended by adding the following after Form 10:
FORM 10.1(Subsection 705(4))Undertaking — Witness
Canada,
Province of
,(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Proceeding in which you were served a subpoena or bound by a recognizance, to attend to give evidence
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence and/or bring with you anything in your possession or under your control that relates to the said charge.
4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court:
Date:
Time:
Court number:
Court address:
5 Conditions determined by the court, judge, justice or provincial court judge
You must also comply with the following conditions (reproduce the conditions determined by the court, justice or provincial court judge as set out in Form 29.1):
6 Conditions in effect
The mandatory condition and the conditions determined by the court, judge, justice or provincial court judge on this undertaking remain in effect until they are cancelled or changed or until you appear and remain in attendance at the proceeding as required by the mandatory condition (section 763 of the Criminal Code).
7 Variation
The conditions of this undertaking may be varied by application to the court, judge, justice or provincial court judge.
8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
(a) if you fail to attend court as required; or
(b) if you fail to comply with the conditions determined by the court, judge, justice or provincial court judge.
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
9 Signatures
WITNESS:
I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions determined by the court, judge, justice or provincial court judge.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought before a court, judge, provincial court judge or justice under sections 705 and 706 of the Criminal Code.
Signed on (date)
, at (place).(Signature of witness)
PEACE OFFICER:
Signed on (date)
, at (place) .(Signature of peace officer)
(Name of the peace officer)
— 2026, c. 11, s. 53
53 The paragraph of item 8 of Form 11 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this release order or are charged with committing an offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 54
54 Form 12 of Part XXVIII of the Act is amended by adding the following after section 7:
7.1 Financial Information
Annual Income ...................
Assets (nature and value) ...................
Other ...................
— 2026, c. 11, s. 55
55 Part XXVIII of the Act is amended by adding the following after Form 29:
FORM 29.1(Subsection 705(4))Endorsement of Witness — Warrant
Canada,
Province of
,(territorial division).
Whereas this warrant is issued under subsection 705(1) or (2) of the Criminal Code in respect of a witness who has been served with a subpoena to give evidence in a proceeding or who has been bound by a recognizance to attend and give evidence in a proceeding, I authorize the release of that person under subsections 705(4) and (5) of that Act.
This endorsement is subject to the following conditions: (specify conditions).
Dated (date)
, at (place) (Signature of judge, justice or provincial court judge)
— 2026, c. 12, s. 1
1 Section 231 of the Criminal Code is amended by adding the following after subsection (3):
Murder of intimate partner
(3.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is that person’s intimate partner and the death is caused by that person while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened.
— 2026, c. 12, s. 1.1
1.1 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following:
Manslaughter of intimate partner
(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter against their intimate partner while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause their intimate partner to believe that their physical or psychological safety is threatened.
— 2026, c. 12, s. 2
2 The Act is amended by adding the following after section 263:
Violence against intimate partner
263.1 (1) Everyone who commits an offence — referred to in this section as the “included offence” — in which violence is used, threatened or attempted against their intimate partner is
(a) guilty of an indictable offence and liable to the punishment provided for in subsection (3); or
(b) guilty of an offence punishable on summary conviction.
Limitation
(2) No proceedings under subsection (1) shall be
(a) commenced by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings; or
(b) commenced by way of summary conviction proceedings if the included offence may be prosecuted only by way of indictment.
Punishment
(3) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than
(a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.
Applicable provisions
(4) Subject to paragraphs (1)(a) and (b) and subsections (2) and (3), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).
— 2026, c. 12, s. 3
3 The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following:
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
— 2026, c. 12, s. 4
4 Paragraph 515(6)(b.1) of the Act 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
(i) 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 the accused, or
(ii) was, at the time the offence is alleged to have been committed, subject to a recognizance entered into under section 810, 810.02, 810.03, 810.1 or 810.2, in the case where the information for the recognizance was laid on behalf of any intimate partner of the accused;
— 2026, c. 12, s. 5
5 Section 662 of the Act is amended by adding the following after subsection (5):
Offence under subsection 263.1(1) charged
(5.1) For greater certainty, if a count charges an offence under subsection 263.1(1) and the evidence does not prove that offence but proves an included offence, the accused may be found guilty of the offence that is proved.
— 2026, c. 12, s. 6
6 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 745.52,
— 2026, c. 12, s. 7
7 (1) Subsection 675(2) of the Act is replaced by the following:
Appeal against absolute term in excess of 10 years
(2) A person who has been convicted of second degree murder, or of manslaughter in the circumstances set out in subsection 236(2), and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of 10 may appeal to the court of appeal against the number of years in excess of 10 of their imprisonment without eligibility for parole.
(2) Subsection 675(2.2) of the Act is replaced by the following:
Persons under 18
(2.2) A person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and was sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.
— 2026, c. 12, s. 8
8 Subsection 676(4) of the Act is replaced by the following:
Appeal against ineligible parole period
(4) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder or manslaughter in the circumstances set out in subsection 236(2), against the number of years of imprisonment without eligibility for parole, being less than 25, that has been imposed as a result of that conviction.
— 2026, c. 12, s. 9
9 Subsection 718.3(8) of the Act is repealed.
— 2026, c. 12, s. 10
10 The Act is amended by adding the following after section 726.1:
Endorsement — offence under subsection 263.1(1)
726.11 When an offender is found guilty of an offence under subsection 263.1(1), the court shall endorse, on the information or indictment, the included offence that has been proved by the evidence and, in the absence of evidence to the contrary, the endorsement is proof of that fact.
— 2026, c. 12, s. 11
11 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in subsection 236(2), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and
— 2026, c. 12, s. 12
12 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following:
Persons under 18
745.1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served
(2) Paragraph 745.1(c) of the Act is replaced by the following:
(c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in subsection 236(2) and who was 16 or 17 years of age at the time of the commission of the offence.
— 2026, c. 12, s. 13
13 The Act is amended by adding the following after section 745.51:
Manslaughter in certain circumstances
745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in subsection 236(2), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances,
(a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or
(b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a).
Considerations
(2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender.
— 2026, c. 12, s. 14
14 The portion of section 746 of the Act before paragraph (a) is replaced by the following:
Time spent in custody
746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between
— 2026, c. 12, s. 15
Sentencing for manslaughter
15 Subsection 236(2) of the Criminal Code does not apply with respect to an offence that is committed before the 30th day after the day on which this Act receives royal assent.
— 2026, c. 12, s. 16
Period for further detention — subsection 490(2)
16 Subsection 490(2) of the Criminal Code, as amended by section 3, applies with respect to any matter or proceeding that is ongoing on the 30th day after the day on which this Act receives royal assent.
— 2026, c. 12, s. 17
Coordinating amendments with Bill C-16 — first degree murder
17 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 25 of the other Act comes into force before section 1 of this Act, then that section 1 is repealed.
(3) If section 1 of this Act comes into force before section 25 of the other Act, then, on the day on which that section 25 comes into force, subsection 231(3.1) of the Criminal Code is repealed.
(4) If section 25 of the other Act and section 1 of this Act come into force on the same day, then that section 1 is deemed never to have come into force and is repealed.
— 2026, c. 15, s. 2
2 Paragraph (a) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagraph (lxxi.1):
(lxxi.2) section 423.3 (intimidation — building used for religious worship, etc.),
— 2026, c. 15, s. 3
3 Subsection 318(3) of the Act is replaced by the following:
Consent
(3) No proceeding shall be instituted under this section without the consent of the Attorney General.
— 2026, c. 15, s. 4
4 (1) Section 319 of the Act is amended by adding the following after subsection (2.1):
Wilful promotion of hatred — terrorism and hate symbols
(2.2) Everyone commits an offence who wilfully promotes hatred against any identifiable group by displaying, in any public place,
(a) a symbol that is principally used by, or principally associated with, a listed entity, as defined in subsection 83.01(1);
(b) the Nazi Hakenkreuz, the Nazi double Sig-Rune, also known as the SS bolts, or a noose; or
(c) a symbol that so nearly resembles a symbol described in paragraph (a) or (b) that it is likely to be a symbol described in paragraph (a) or (b).
Punishment
(2.3) Everyone who commits an offence under subsection (2.2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
(1.1) Paragraph 319(3)(b) of the Act is repealed.
(1.2) Paragraph 319(3.1)(b) of the Act is repealed.
(2) Subsections 319(4) to (6) of the Act are replaced by the following:
Defences — subsection (2.2)
(3.2) No person shall be convicted of an offence under subsection (2.2)
(a) if the display of the symbol was for a legitimate purpose, including a legitimate purpose related to journalism, education or art, that is not contrary to the public interest; or
(b) if, in good faith, the display of the symbol was intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Forfeiture
(4) If a person is convicted of an offence under subsection (1), (2), (2.1) or (2.2) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to His Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.
Exemption from seizure of communication facilities
(5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2), (2.1) or (2.2) or section 318.
Clarification
(6) For greater certainty, the communication of a statement does not incite or promote hatred, for the purposes of this section, solely because it discredits, humiliates, hurts or offends.
Consent
(6.1) No proceeding for an offence under subsection (2), (2.1) or (2.2) shall be instituted without the consent of the Attorney General.
(3) Subsection 319(7) of the Act is amended by adding the following in alphabetical order:
- hatred
hatred means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation; (haine)
— 2026, c. 15, s. 5
5 The Act is amended by adding the following after section 320.1:
Hate Crime
Offence motivated by hatred
320.1001 (1) Everyone who commits an offence — referred to in this section as the “included offence” — under this Act or any other Act of Parliament, if the commission of the included offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, is
(a) guilty of an indictable offence and liable to the punishment provided for in subsection (5); or
(b) guilty of an offence punishable on summary conviction.
Definition of hatred
(2) In this section, hatred has the same meaning as in subsection 319(7).
Clarification
(3) For greater certainty, the commission of an offence under this Act or any other Act of Parliament is not, for the purposes of this section, motivated by hatred based on any of the factors mentioned in subsection (1) solely because it discredits, humiliates, hurts or offends.
Limitation
(4) No proceedings shall be commenced under subsection (1) by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings.
Maximum penalty
(5) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than
(a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.
Applicable provisions
(6) Subject to paragraphs (1)(a) and (b) and subsections (4) and (5), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).
— 2026, c. 15, s. 6
6 The Act is amended by adding the following after section 423.2:
Intimidation — building used for religious worship, etc.
423.3 (1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in a person in order to impede their access to
(a) a building or structure, or part of a building or structure, that is primarily used
(i) for religious worship, or
(ii) by an identifiable group, as defined in subsection 318(4),
(A) for administrative, social, cultural or sports activities or events,
(B) as an educational institution, including a daycare centre, or
(C) as a residence for seniors; or
(b) a cemetery.
Obstruction or interference with access
(2) Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a building or structure, or part of a building or structure, referred to in paragraph (1)(a) or to a cemetery.
Punishment
(3) Every person who commits an offence under subsection (1) or (2) 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.
Exception
(4) No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a building or structure referred to in paragraph (1)(a) or a cemetery for the purpose only of obtaining or communicating information.
— 2026, c. 15, s. 8
8 Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi.01):
(xi.02) subsection 423.3(1) (intimidation — building used for religious worship, etc.),
— 2026, c. 15, s. 9, as amended by 2026, c. 11, ss. 83(3), (5)
9 (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (g):
(g.1) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.);
(2) Paragraph 515(4.3)(b) of the Act is replaced by the following:
(b) an offence described in section 264, 346 or 423.1 or subsection 423.2(1) or 423.3(1);
— 2026, c. 15, s. 10
10 Section 662 of the Act is amended by adding the following after subsection (6):
Offence under subsection 320.1001(1) charged
(7) For greater certainty, if a count charges an offence under subsection 320.1001(1) and the evidence does not prove that offence but proves an included offence, the accused may be found guilty of the offence that is proved.
— 2026, c. 15, s. 11
11 The Act is amended by adding the following after section 726.2:
Endorsement — offence under subsection 320.1001(1)
726.21 When an offender is found guilty of an offence under subsection 320.1001(1), the court shall endorse, on the information or indictment, as the case may be, the included offence that has been proved by the evidence and, in the absence of evidence to the contrary, the endorsement is proof of that fact.
— 2026, c. 15, s. 11.1
Clarification — subsections 319(2) and (2.2)
11.1 (1) For greater certainty, nothing in subsection 319(2) or (2.2) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote hatred against an identifiable group by communicating the statement.
Clarification — subsection 319(2.1)
(2) For greater certainty, nothing in subsection 319(2.1) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote antisemitism by condoning, denying or downplaying the Holocaust.
— 2026, c. 16, s. 48
48 Subsection 490.02(3) of the Criminal Code is replaced by the following:
References
(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before October 26, 2023, the reference in paragraph (2)(b) to subsection 490.012(3) is a reference to that provision as it read from time to time before that day and the reference in that paragraph to subsection 227.01(3) of the National Defence Act is a reference to that provision as it read from time to time before the day on which section 48 of the Military Justice System Modernization Act comes into force.
— 2026, c. 16, s. 49
49 Subsection 490.022(4) of the Act is replaced by the following:
References
(4) In paragraph (3)(d), the reference to the definition designated offence in subsection 490.011(1) of this Act is a reference to that definition as it read from time to time before October 26, 2023 and the reference to the definition designated offence in section 227 of the National Defence Act is a reference to that definition as it read from time to time before the day on which section 49 of the Military Justice System Modernization Act comes into force.
— 2026, c. 16, s. 50
50 (1) Paragraphs 490.04(1)(a) and (b) of the Act are replaced by the following:
(a) an order made under section 490.012 on or after April 15, 2011 but before October 26, 2023;
(a.1) an order made under section 227.01 of the National Defence Act on or after April 15, 2011 but before the day on which this paragraph comes into force; or
(b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before October 26, 2023.
(2) Subsection 490.04(2) of the Act is replaced by the following:
Limitation — application
(2) A person is not permitted to apply under paragraph (1)(b) if, on or after October 26, 2023, they have made an application for an exemption order under section 490.02905 or 490.029111 in respect of the same obligation.
(3) Paragraph 490.04(3)(a) of the Act is replaced by the following:
(a) a superior court of criminal jurisdiction,
(i) if the application is made under paragraph (1)(a) in respect of an order made by such a court, or
(ii) if the application is made under paragraph (1)(a.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.22(2) of the National Defence Act; or
(4) The portion of paragraph 490.04(4) of the Act before subparagraph (b)(i) is replaced by the following:
Limitation — exemption order
(4) The court shall not make an exemption order in respect of an application made under paragraph (1)(a) or (a.1) if
(a) in the case of an order referred to in paragraph (1)(a), the designated offence that is the basis of the order was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years;
(a.1) in the case of an order referred to in paragraph (1)(a.1), the sentence for the designated offence, as defined in section 227 of the National Defence Act, that is the basis of the order is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or
(b) before or after the order referred to in paragraph (1)(a) or (a.1) was made, the person
(5) Subsection 490.04(8) of the Act is replaced by the following:
Removal of information from database
(8) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012 or under section 227.01 of the National Defence Act, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.
— 2026, c. 16, s. 51
51 (1) Paragraph 490.05(1)(a) of the Act is replaced by the following:
(a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before October 26, 2023;
(a.1) an order made under section 227.01 of the National Defence Act, if the order applies for life under subsection 227.02(2.1) of that Act, as it read from time to time before the day on which this paragraph comes into force;
(2) Paragraphs 490.05(1)(c) and (d) of the Act are replaced by the following:
(b.1) an obligation under section 227.06 of the National Defence Act, if the obligation applies for life under paragraph 227.09(3)(d) of that Act and none of the offences listed in the prescribed form served on the person under that Act in respect of the obligation have a maximum term of imprisonment for life;
(c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before October 26, 2023 and the condition set out in paragraph 490.029051(1)(b) is met; or
(d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before October 26, 2023 and the condition set out in paragraph 490.029112(1)(b) is met.
(3) Paragraph 490.05(3)(a) of the Act is replaced by the following:
(a) a superior court of criminal jurisdiction,
(i) if the application is made under paragraph (1)(a) in respect of an order made by such a court, or
(ii) if the application is made under paragraph (1)(a.1) or (b.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.23(2) of the National Defence Act; or
(4) Subsection 490.05(5) of the Act is amended by adding the following after paragraph (a):
(a.1) subsection 227.02(2) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 227.01 of that Act;
(5) Subsection 490.05(5) of the Act is amended by adding the following after paragraph (b):
(b.1) paragraphs 227.09(3)(a) and (b) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 227.06 of that Act;
— 2026, c. 16, s. 52
52 Subsection 490.06(2) of the Act is replaced by the following:
Removal of information from database
(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012 or under section 227.01 of the National Defence Act, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.
— 2026, c. 16, s. 53
53 The Act is amended by replacing “Canadian Forces Provost Marshal” with “Provost Marshal General” in section 5 of Form 52 of Part XXVIII.
— 2026, c. 19, s. 2
2 (1) The Criminal Code is amended by adding the following after section 3:
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).
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);
— 2026, c. 19, s. 3
3 Subsection 7(4.1) of the Act is replaced by the following:
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.
— 2026, c. 19, s. 3.1
3.1 The Act is amended by adding the following after section 11:
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.
— 2026, c. 19, s. 4
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),
— 2026, c. 19, s. 5
5 Subsection 113(4) of the Act is amended by replacing “subsection 810(3)” with “section 810 or 810.03”.
— 2026, c. 19, s. 6
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)
— 2026, c. 19, s. 7
7 Subsection 150.1(5) of the Act is replaced by the following:
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.
— 2026, c. 19, s. 8
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”.
— 2026, c. 19, s. 9
9 The portion of section 152 of the Act before paragraph (a) is replaced by the following:
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.
Punishment
(2) Every person who commits an offence under subsection (1)
— 2026, c. 19, s. 10
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.
— 2026, c. 19, s. 11
11 The portion of subsection 153.1(1) of the Act before paragraph (a) is replaced by the following:
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.
Punishment
(1.1) Every person who commits an offence under subsection (1) is guilty of
— 2026, c. 19, s. 12
12 (1) Section 160 of the Act is amended by adding the following after subsection (3):
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.
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.
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.
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:
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),
— 2026, c. 19, s. 13
13 (1) The portion of subsection 161(1) of the Act before paragraph (a.1) is replaced by the following:
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);
— 2026, c. 19, s. 14
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
— 2026, c. 19, s. 15
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:
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.
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.
— 2026, c. 19, s. 16
16 Subsection 162.2(1) of the Act is replaced by the following:
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.
— 2026, c. 19, s. 17
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):
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.
— 2026, c. 19, s. 18
18 (1) Subsections 164(1) to (5) of the Act are replaced by the following:
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.
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.
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.
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.
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:
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)
— 2026, c. 19, s. 19
19 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Warrant of seizure — material on computer system
164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that material, consisting of illicit material or of computer data that makes illicit material available, is stored on and made available through a computer system 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 illicit material or computer data that makes illicit material available, it may order the custodian of the computer system to delete the material.
Order — intimate image
(5.1) If the illicit material is an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, the court must order the custodian of the computer system to delete the material within 48 hours after the order is made.
(3) Subsections 164.1(7) and (8) of the Act are replaced by the following:
Return of material
(7) If the court is not satisfied that the material is illicit material or computer data that makes illicit material available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order made under paragraph (1)(b).
Other provisions to apply
(8) Subsections 164(6) and (7) apply, with any modifications that the circumstances require, to this section.
(4) Section 164.1 of the Act is amended by adding the following after subsection (9):
Definitions
(10) In this section, computer data and computer system have the same meanings as in subsection 342.1(2) and court, illicit material and judge have the same meanings as in subsection 164(8).
— 2026, c. 19, s. 20
20 The Act is amended by adding the following after section 169:
Recruitment — young person
169.1 (1) Every person is guilty of an offence who — being in a position of trust, power or authority towards a young person and knowing that the young person is under 18 years of age or being reckless as to that fact — recruits, counsels, encourages or invites the young person to be a party to an offence under this Act or the Controlled Drugs and Substances Act if the young person is afterwards a party to that offence or an offence related to that offence.
Position of trust, power or authority
(2) For the purposes of subsection (1), a person is considered to be in a position of trust, power or authority towards a young person by reason, among others, of being 18 years of age or more.
No defence
(3) It is not a defence to a charge under subsection (1) that the accused believed that the young person was at least 18 years of age unless the accused took reasonable steps to ascertain the age of the young person.
Punishment
(4) Every person who commits an offence under subsection (1) is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) guilty of an offence punishable on summary conviction.
Definition of young person
(5) In this section, young person means a person under the age of 18 years.
— 2026, c. 19, s. 21
21 (1) Subparagraph 171.1(5)(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 person’s sexual organs;
(2) Paragraphs 171.1(5)(b) and (c) of the Act are replaced by the following:
(b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity involving a person; or
(c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity involving a person.
(3) Section 171.1 of the Act is amended by adding the following after subsection (5):
For greater certainty
(6) For greater certainty, a reference to sexual activity in subsection (5) includes a reference to an act of bestiality, as defined in subsection 160(7).
— 2026, c. 19, s. 22
22 Paragraph 172.1(1)(a) of the Act is replaced by the following:
(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or the commission of an offence with respect to that person under section 346 of a sexual nature or for a sexual purpose;
— 2026, c. 19, s. 23
23 (1) The portion of subsection 173(2) of the Act before paragraph (a) is replaced by the following:
Exposure
(2) Every person who, in any place, for a sexual purpose, exposes their sexual organs to a person who is under the age of 16 years
(2) Paragraph 173(2)(a) of the Act is amended by replacing “a term of not more than two years” with “a term of not more than 10 years”.
(3) Paragraph 173(2)(b) of the Act is amended by replacing “a term of not more than six months” with “a term of not more than two years less a day”.
— 2026, c. 19, s. 24
24 (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxvii):
(xxvii.01) subsection 160(3.1) (representation of bestiality),
(2) Subparagraph (a)(xxvii.2) of the definition offence in section 183 of the Act is replaced by the following:
(xxvii.2) subsection 162.1(1) (intimate image — publication, etc.),
(xxvii.3) subsection 162.1(1.1) (intimate image — threat to publish, etc.),
(3) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxix):
(xxix.01) section 169.1 (recruitment — young person),
(4) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.2):
(xxxix.3) section 264 (criminal harassment),
(5) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.3):
(xxxix.4) section 264.01 (coercion or control of intimate partner),
— 2026, c. 19, s. 25
25 Subsection 231(6) of the Act is replaced by the following:
Femicide, including of intimate partner, and other aggravated circumstances
(5.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person
(a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner;
(b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04;
(c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or
(d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
Criminal harassment
(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 (criminal harassment) with intent to cause the victim to believe that the victim’s physical or psychological safety, or the physical or psychological safety of anyone known to the victim, is threatened.
— 2026, c. 19, s. 26
26 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following:
Femicide, including of intimate partner, and other aggravated circumstances
(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter
(a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner;
(b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04;
(c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or
(d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
— 2026, c. 19, s. 27
27 (1) Subsection 264(1) of the Act is replaced by the following:
Criminal harassment
264 (1) Everyone commits an offence who, with intent to harass another person or knowing that, or being reckless as to whether, they would be harassing another person, engages without lawful authority in conduct referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened.
(2) The portion of subsection 264(2) of the Act before paragraph (a) is replaced by the following:
Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of doing any of the following in person, by a means of telecommunication or by any other means:
(3) Subsection 264(2) of the Act is amended by adding the following after paragraph (a):
(a.1) monitoring the location, movements, actions or social interactions of the other person or of anyone known to them;
(4) Paragraph 264(2)(d) of the Act is replaced by the following:
(d) engaging in threatening conduct directed at the other person or at anyone or any animal known to them.
(5) Subsection 264(3) of the English version of the Act is replaced by the following:
Punishment
(3) Every person who commits an offence under this section 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.
(6) Paragraph 264(4)(a) of the Act is replaced by the following:
(a) the terms or conditions of an order made under section 161 or a recognizance entered into under section 810, 810.03, 810.1 or 810.2; or
(7) Section 264 of the Act is amended by adding the following after subsection (5):
For greater certainty
(6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
— 2026, c. 19, s. 28
28 The Act is amended by adding the following after section 264:
Coercion or control of intimate partner
264.01 (1) Everyone commits an offence who engages in a pattern of coercive or controlling conduct referred to in subsection (2), with intent to cause their intimate partner to believe that the intimate partner’s safety is threatened or knowing that, or being reckless as to whether, the pattern of coercive or controlling conduct would cause their intimate partner to believe that the intimate partner’s safety is threatened.
Pattern of coercive or controlling conduct
(2) A pattern of coercive or controlling conduct consists of any combination, or repeated instances, of any of the following acts:
(a) using, attempting to use or threatening to use violence against
(i) the intimate partner,
(ii) any person under the age of 18 who is the intimate partner’s child or who is in the intimate partner’s lawful care or charge,
(iii) any other person known to the intimate partner, or
(iv) any animal that is known to the intimate partner;
(b) coercing or attempting to coerce the intimate partner to engage in sexual activity;
(c) engaging in any other conduct — including conduct listed in any of the following subparagraphs — if, in all the circumstances, the conduct could reasonably be expected to cause the intimate partner to believe that the intimate partner’s safety, or the safety of anyone known to them, is threatened:
(i) controlling, attempting to control or monitoring the intimate partner’s location, movements, actions or social interactions, including by a means of telecommunication,
(ii) controlling or attempting to control the manner in which the intimate partner cares for any person under the age of 18 referred to in subparagraph (a)(ii) or any animal referred to in subparagraph (a)(iv),
(iii) controlling or attempting to control any matter related to the intimate partner’s employment or education,
(iv) controlling or attempting to control the intimate partner’s finances or other property or monitoring their finances,
(v) controlling or attempting to control the intimate partner’s expression of gender, physical appearance, manner of dress, diet, taking of medication or access to health services or to medication,
(vi) controlling or attempting to control the intimate partner’s expression of their thoughts, their opinions, their religious, spiritual or other beliefs, or their culture, including the intimate partner’s use of their language or their access to their linguistic, religious, spiritual or cultural community,
(vii) threatening to die by suicide or to self-harm, or
(viii) damaging, or threatening or attempting to damage, the intimate partner’s property or the property of anyone known to them.
Circumstances
(3) The circumstances referred to in paragraph (2)(c) include the nature of the relationship between the accused and the intimate partner, in particular whether the intimate partner is in a position of vulnerability in relation to the accused and whether the accused manipulated the intimate partner by targeting their vulnerabilities.
Punishment
(4) Everyone who commits an offence under this section 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.
For greater certainty
(5) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
— 2026, c. 19, s. 29
29 Paragraph 271(b) of the Act is amended by replacing “18 months” by “two years less a day”.
— 2026, c. 19, s. 30
30 The Act is amended by adding the following after section 275:
Admissibility of Sexual Activity Evidence
— 2026, c. 19, s. 31
31 (1) The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Evidence of complainant’s sexual activity
276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 or any other offence under this Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
(2) Subsection 276(2) of the Act is replaced by the following:
Conditions for admissibility
(2) In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused or with any other person, shall not be adduced unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.01, 276.02, 276.06, 276.1, 278.3 and 278.35, as the case may be, that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and
(a) if sought to be adduced by or on behalf of the accused, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; or
(b) if sought to be adduced by or on behalf of the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of justice.
(3) Subsection 276(4) of the French version of the Act is replaced by the following:
Précision
(4) Il est entendu que, pour l’application du présent article, activité sexuelle s’entend notamment de toute communication effectuée dans un but sexuel ou dont le contenu est de nature sexuelle.
(4) Section 276 of the Act is amended by adding the following after subsection (4):
For greater certainty
(5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity.
— 2026, c. 19, s. 32
32 The Act is amended by adding the following after section 276:
Procedure for Accused
Application for hearing
276.01 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.02 to determine whether evidence is admissible under subsection 276(2).
Form and content
(2) The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the clerk of the court.
Jury and public excluded
(3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
Hearing
(4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2).
Copy to complainant
(5) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused.
Hearing — jury and public excluded
276.02 (1) The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2).
Complainant not compellable
(2) The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel
(3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Determination and reasons
(4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Record of reasons
(5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing.
Publication prohibited
276.03 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 276.01(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.01(1) or at a hearing under section 276.02;
(c) the decision of a judge, provincial court judge or justice under subsection 276.01(4), unless the judge, provincial court 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;
(d) the determination made and the reasons provided under subsection 276.02(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Instruction to jury — use of evidence
276.04 If evidence is admitted at trial on the basis of a determination made under subsection 276.02(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
276.05 For the purposes of sections 675 and 676, a determination made under subsection 276.02(4) is deemed to be a question of law.
Procedure for Prosecutor
Application
276.06 (1) Application may be made to the judge, provincial court judge or justice by the prosecutor to determine whether evidence is admissible under subsection 276(2).
Form and content
(2) The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial.
Clarification
(3) The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history, any transcript from any preliminary inquiry or any sworn police statement.
Copy of the application
(4) A copy of the application must be given to the accused and filed with the clerk of the court at least 60 days before the hearing or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice.
Jury and public excluded
(5) The jury and the public shall be excluded from the hearing.
Complainant not compellable
(6) The complainant is not a compellable witness at the hearing.
Determination and reasons
(7) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Record of reasons
(8) The reasons provided under subsection (7) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing.
Publication prohibited
276.07 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 276.06(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.06(1) or at a hearing under section 276.06;
(c) the determination made and the reasons provided under subsection 276.06(7), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Instruction to jury — use of evidence
276.08 If evidence is admitted at trial on the basis of a determination made under subsection 276.06(7), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
276.09 For the purposes of sections 675 and 676, a determination made under subsection 276.06(7) is deemed to be a question of law.
Joint Application
Admissibility of sexual activity evidence
276.1 (1) The prosecutor, the accused and the complainant may jointly apply to the judge, provincial court judge or justice for a determination as to whether any evidence referred to in subsection 276(1) is admissible under subsection 276(2) without holding a hearing under section 276.02.
Form and content
(2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and
(a) the relevance of that evidence to an issue at trial;
(b) how the conditions for admissibility referred to in subsection 276(2) are satisfied; and
(c) any information the applicants consider necessary to assist the judge, provincial court judge or justice when the judge, provincial court judge or justice takes into account the factors referred to in subsection 276(3).
Copy to clerk
(3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial.
Determination and reasons
(4) The judge, provincial court judge or justice shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Power to grant application or hold hearing
(5) If the judge, provincial court judge or justice is satisfied that the evidence of sexual activity is admissible under subsection 276(2), taking into account the factors set out in subsection 276(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 276.02 to determine whether the evidence is admissible under subsection 276(2).
Use of evidence
(6) If evidence of sexual activity is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that evidence.
For greater certainty
(7) For greater certainty, the complainant has the right to be represented by counsel.
Publication prohibited
276.11 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 276.1(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 276.1(1);
(c) the determination made and the reasons provided under section 276.1, unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Instruction to jury — use of evidence
276.12 If evidence is admitted at trial on the basis of a determination made under subsection 276.1(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
276.13 For the purposes of sections 675 and 676, a determination made under subsection 276.1(4) or (5) is deemed to be a question of law.
Reputation Evidence
— 2026, c. 19, s. 33
33 The Act is amended by adding the following after section 277:
Spouse May Be Charged
— 2026, c. 19, s. 34
34 Sections 278.1 to 278.97 of the Act are replaced by the following:
Production and Admissibility of Records and Therapeutic Records
Definitions
Definitions
278.1 The following definitions apply in sections 278.11 to 278.36.
- record
record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence. (dossier)
- therapeutic record
therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. (dossier thérapeutique)
Production to Accused of Records and Therapeutic Records in the Possession of Third Party
Records and therapeutic records possessed by third party
278.11 (1) Except in accordance with sections 278.12 to 278.19, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of a third party shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose;
(b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Definition of third party
(2) In subsection (1), third party means a person other than the prosecutor or the accused.
Application for production
278.12 (1) An accused who seeks production of a record or therapeutic record referred to in section 278.11 must make an application for its production to the judge before whom the accused is to be, or is being, tried.
No application in other proceedings
(2) For greater certainty, the application referred to in subsection (1) must not be made to a judge, provincial court judge or justice presiding at any other proceedings, including a preliminary inquiry.
Form and content
(3) The application must be made in writing and must set out
(a) particulars identifying the record or the therapeutic record that the accused seeks to have produced and the name of the person who has possession or control of it;
(b) in the case of a record, the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt.
Insufficient grounds
(4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt:
(a) that the record or therapeutic record exists;
(b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
(c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
(d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
(e) that the record or therapeutic record may relate to the credibility of the complainant or witness;
(f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
(g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused;
(h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused;
(i) that the record or therapeutic record relates to the presence or absence of a recent complaint;
(j) that the record or therapeutic record relates to the complainant’s sexual reputation;
(k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused.
Service of application and subpoena
(5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record or therapeutic record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 278.13(1) or within any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record or therapeutic record at the same time as the application is served.
Service on other persons
(6) The judge may at any time order that the application be served on any person to whom the judge considers the record or therapeutic record may relate.
Service on complainant
(7) The service requirement on the accused in subsection (5) is not fulfilled if the accused personally serves the application or a subpoena on the complainant.
Hearing in camera
278.13 (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the court for review by the judge.
Persons who may appear at hearing
(2) The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Right to counsel
(3) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Costs
(4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
Order — production to judge
278.14 (1) The judge may order the person who has possession or control of the record or therapeutic record to produce it, or any part of it, to the court for review by the judge if, after the hearing referred to in section 278.13, the judge is satisfied that
(a) the application was made in accordance with subsections 278.12(2) to (6);
(b) in the case of a record, the accused has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in case of a therapeutic record, the accused has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt; and
(c) the production of all or any part of the record or therapeutic record is necessary in the interests of justice.
Factors to be considered
(2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the judge shall take the following factors into account:
(a) the extent to which the record or therapeutic record is necessary for the accused to make a full answer and defence;
(b) the probative value of the record or therapeutic record;
(c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
(d) whether production of the record or therapeutic record is based on a discriminatory belief or bias;
(e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
(f) society’s interest in encouraging the reporting of sexual offences;
(g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
(h) the effect of the determination on the integrity of the trial process.
Review of record by judge
278.15 (1) If the judge has ordered the production of the record or therapeutic record, or part of it, for review, the judge shall review it, or the part of it, in the absence of the parties in order to determine whether the record or therapeutic record, or the part, should be produced to the accused.
Hearing in camera
(2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination.
Provisions that apply to hearing
(3) Subsections 278.13(2) to (4) apply in the case of a hearing under subsection (2).
Order — Production of record to accused
278.16 (1) If the judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of justice, the judge may order that the record, or the part, that is likely relevant be produced to the accused, subject to any conditions that may be imposed under subsection (4).
Order — Production of therapeutic record to accused
(2) If the judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused’s guilt and that is not available from any other source, the judge may order that the therapeutic record, or the part, be produced to the accused, subject to any conditions that may be imposed under subsection (4).
Factors to be considered
(3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in paragraphs 278.14(2)(a) to (h) into account.
Conditions
(4) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
(a) that the record or therapeutic record be edited as directed by the judge;
(b) that a copy of the record or therapeutic record, rather than the original, be produced;
(c) that the accused and counsel for the accused not disclose the contents of the record or therapeutic record to any other person, except with the approval of the court;
(d) that the record or therapeutic record be viewed only at the offices of the court;
(e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
(f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
Copy to prosecutor
(5) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge shall direct that a copy of the record or therapeutic record, or the part, be provided to the prosecutor, unless the judge determines that it is not in the interests of justice to do so.
Restriction on use
(6) The record or therapeutic record, or the part of it, that is produced to the accused under an order under subsection (1) must not be used in any other proceedings.
Retention by court
(7) If the judge refuses to order the production of the record or therapeutic record, or part of it, to the accused, the record or therapeutic record, or the part, must, unless a court orders otherwise, be kept in a sealed package by the court until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused, at which time the record or therapeutic record, or the part, must be returned to the person lawfully entitled to possession or control of it.
Reasons for decision
278.17 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or therapeutic record, or part of it, under subsection 278.14(1) or 278.16(1) or (2).
Record of reasons
(2) The reasons provided under subsection (1) must be entered in the record of the proceedings or, if the proceedings are not recorded, must be provided in writing.
Publication prohibited
278.18 (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 subsection 278.12(1);
(b) any evidence taken, information given or submissions made at a hearing under subsection 278.13(1) or 278.15(2);
(c) the determination of the judge under subsection 278.14(1) or 278.16(1) or (2) and the reasons provided under section 278.17, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record or therapeutic record relates, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Appeal
278.19 For the purposes of sections 675 and 676, a determination to make or refuse to make an order under subsection 278.14(1) or 278.16(1) or (2) is deemed to be a question of law.
Production to Accused of Records and Therapeutic Records in the Possession of the Prosecutor
Records and therapeutic records possessed by prosecutor
278.2 (1) Except in accordance with sections 278.21 to 278.28, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose; or
(b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Permitted production
(2) The prosecutor may produce to the accused
(a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused;
(b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused; and
(c) any communication between the accused and the complainant.
Duty of prosecutor to give notice
(3) Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents.
Application of sections 278.29 to 278.38
(4) Production under subsection (2) does not affect the application of sections 278.29 to 278.38.
Application for production
278.21 (1) An accused who seeks production of a record or therapeutic record referred to in subsection 278.2(1) must make an application for its production to the judge before whom the accused is to be, or is being, tried.
No application in other proceedings
(2) For greater certainty, the application referred to in subsection (1) must not be made to a judge, provincial court judge or justice presiding at any other proceedings, including a preliminary inquiry.
Form and content
(3) The application must be made in writing and must set out
(a) particulars identifying the record or the therapeutic record that the accused seeks to have produced;
(b) in the case of a record, the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c) in the case of a therapeutic record, the grounds on which the accused relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt.
Insufficient grounds
(4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused’s guilt:
(a) that the record or therapeutic record exists;
(b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
(c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
(d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
(e) that the record or therapeutic record may relate to the credibility of the complainant or witness;
(f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
(g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused;
(h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused;
(i) that the record or therapeutic record relates to the presence or absence of a recent complaint;
(j) that the record or therapeutic record relates to the complainant’s sexual reputation;
(k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused.
Service of application
(5) The accused shall serve the application on the prosecutor, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 278.22(1) or within any shorter interval that the judge may allow in the interests of justice.
Service on other persons
(6) The judge may at any time order that the application be served on any person to whom the judge considers the record or therapeutic record may relate.
Service on complainant
(7) The service requirement on the accused in subsection (5) is not fulfilled if the accused personally serves the application the complainant.
Hearing in camera
278.22 (1) The judge shall hold a hearing in camera to determine whether to order the prosecutor to produce the record or therapeutic record to the court for review by the judge.
Persons who may appear at hearing
(2) The complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Right to counsel
(3) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Costs
(4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
Order — production to judge
278.23 (1) The judge may order the prosecutor to produce the record or therapeutic record, or any part of it, to the court for review by the judge if, after the hearing referred to in section 278.22, the judge is satisfied that
(a) the application was made in accordance with subsections 278.21(2) to (6);
(b) in the case of a record, the accused has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused’s guilt; and
(c) the production of all or any part of the record or therapeutic record is necessary in the interests of justice.
Factors to be considered
(2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the judge shall take the following factors into account:
(a) the extent to which the record or therapeutic record is necessary for the accused to make a full answer and defence;
(b) the probative value of the record or therapeutic record;
(c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
(d) whether production of the record or therapeutic record is based on a discriminatory belief or bias;
(e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
(f) society’s interest in encouraging the reporting of sexual offences;
(g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
(h) the effect of the determination on the integrity of the trial process.
Review by judge
278.24 (1) If the judge has ordered the production of the record or therapeutic record, or part of it, for review, the judge shall review it, or the part of it, in the absence of the parties in order to determine whether it, or the part, should be produced to the accused.
Hearing in camera
(2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination.
Provisions that apply to hearing
(3) Subsections 278.22(2) to (4) apply in the case of a hearing under subsection (2).
Order — production of record to accused
278.25 (1) If the judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of justice, the judge may order that the record, or the part, that is likely relevant be produced to the accused, subject to any conditions that may be imposed under subsection (4).
Order — production of therapeutic record to accused
(2) If the judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused’s guilt and that is not available from any other source, the judge may order that the therapeutic record, or the part, be produced to the accused, subject to any conditions that may be imposed under subsection (4).
Factors to be considered
(3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in paragraphs 278.23(2)(a) to (h) into account.
Conditions
(4) If the judge orders the production of the record or therapeutic record, or part of it, to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
(a) that the record or therapeutic record be edited as directed by the judge;
(b) that a copy of the record or therapeutic record, rather than the original, be produced;
(c) that the accused and counsel for the accused not disclose the contents of the record or therapeutic record to any other person, except with the approval of the court;
(d) that the record or therapeutic record be viewed only at the offices of the court;
(e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
(f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
Restriction on use
(5) The record or therapeutic record, or the part of it, that is produced to the accused under an order under subsection (1) must not be used in any other proceedings.
Retention by court
(6) If the judge refuses to order the production of the record or therapeutic record, or part of it, to the accused, the record or therapeutic record, or the part, must, unless a court orders otherwise, be kept in a sealed package by the court until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused, at which time the record or therapeutic record, or the part, must be returned to the prosecutor or the person lawfully entitled to possession or control of it.
Reasons for decision
278.26 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or therapeutic record, or part of it, under subsection 278.23(1) or 278.25(1) or (2).
Record of reasons
(2) The reasons provided under subsection (1) must be entered in the record of the proceedings or, if the proceedings are not recorded, they must be provided in writing.
Publication prohibited
278.27 (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 subsection 278.21(1);
(b) any evidence taken, information given or submissions made at a hearing under subsection 278.22(1) or 278.24(2);
(c) the determination of the judge under subsection 278.23(1) or 278.25(1) or (2) and the reasons provided under section 278.26, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record or therapeutic record relates, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Appeal
278.28 For the purposes of sections 675 and 676, a determination to make or refuse to make an order under subsection 278.23(1) or 278.25(1) or (2) is deemed to be a question of law.
Admissibility of Records and Therapeutic Records in the Possession of the Accused
Admissibility — possession by accused
278.29 (1) Except in accordance with this section, no record or therapeutic record relating to a complainant that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 or any other offence under this Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose; or
(b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Requirements for admissibility
(2) The record or therapeutic record is inadmissible in whole or in part unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.3, 278.31 or 278.35,
(a) if the admissibility of the record or therapeutic record, or part of it, is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3);
(b) that the record, or part of it, is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and
(c) that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt.
Factors to be considered
(3) In determining whether the record or therapeutic record, or part of it, is admissible under subsection (2), the judge, provincial court judge or justice shall take into account the following factors:
(a) the interests of justice, including the right of the accused to make a full answer and defence;
(b) society’s interest in encouraging the reporting of sexual assault offences;
(c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences;
(d) whether there is a reasonable prospect that the record or therapeutic record, or part of it, will assist in arriving at a just determination in the case;
(e) the need to remove from the fact-finding process any discriminatory belief or bias;
(f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;
(g) the potential prejudice to the complainant’s personal dignity and right of privacy;
(h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
(i) any other factor that the judge, provincial court judge or justice considers relevant.
Application for hearing
278.3 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.31 to determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2).
Form and content
(2) The application must be made in writing and must be accompanied by an affidavit setting out
(a) detailed particulars of the record or the therapeutic record, or the part of it, that the accused seeks to adduce;
(b) in the case of a record, or a part of one, the relevance of that evidence to an issue at trial; and
(c) in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused’s guilt.
Copy of the application
(3) A copy of the application and the affidavit must be given to the prosecutor and filed with the clerk of the court.
Jury and public excluded
(4) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
Hearing
(5) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the clerk of the court at least 60 days previously or within any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2).
Copy to complainant
(6) If the judge, provincial court judge or justice grants the application and agrees to hold the hearing, the accused shall cause a copy of the application to be given to the complainant by a person other than the accused.
Hearing — jury and public excluded
278.31 (1) The jury and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2).
Complainant not compellable
(2) The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel
(3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Determination and reasons
(4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and
(a) if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted;
(b) the reasons must state the factors referred to in subsection 278.29(3) that affected the determination;
(c) if all or any part of the record is to be admitted, the reasons must state the manner in which that it is expected to be relevant to an issue at trial; and
(d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused’s guilt and why the judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt.
Record of reasons
(5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.
Publication prohibited
278.32 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 278.3(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.3(1) or at a hearing under section 278.31;
(c) the decision of a judge, provincial court judge or justice under subsection 278.3(5), unless the judge, provincial court 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;
(d) the determination made and the reasons provided under subsection 278.31(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Instruction to jury — use of evidence
278.33 If evidence is admitted at trial on the basis of a determination made under subsection 278.31(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
278.34 For the purposes of sections 675 and 676, a determination made under subsection 278.31(4) is deemed to be a question of law.
Joint Application
Admissibility of record
278.35 (1) The prosecutor and the accused, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to the judge before whom the accused is to be, or is being, tried for a determination as to whether the record, or any part of it, is admissible under subsection 278.29(2) without holding a hearing under section 278.31.
Form and content
(2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and
(a) the relevance of that record or part to an issue at trial;
(b) if the admissibility of the record or part is subject to section 276, how it meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection 278.29(3);
(c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and
(d) any information the applicants consider necessary to assist the judge when the judge takes into account the factors referred to in subsection 278.29(3).
Copy to clerk
(3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial.
Determination and reasons
(4) The judge, provincial court judge or justice shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 276(3) or 278.29(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Power to grant application or hold hearing
(5) If the judge, provincial court judge or justice is satisfied that the record, or part of it, is admissible under subsection 278.29(2), the judge, provincial court judge or justice shall grant the application. If the judge, provincial court judge or justice is not so satisfied, they shall hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2).
Use of evidence
(6) If the record, or part of it, is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that record or part.
For greater certainty — therapeutic record
(7) For greater certainty, this section does not apply to a therapeutic record.
For greater certainty — right to counsel
(8) For greater certainty, the complainant or any witness has the right to be represented by counsel.
Publication prohibited
278.36 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 278.35(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.35(1);
(c) the determination made and the reasons provided under section 278.35, unless that determination is that the record or part of it is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is
(a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
(c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Instruction to jury — use of evidence
278.37 If evidence is admitted at trial on the basis of a determination made under subsection 278.35(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
278.38 For the purposes of sections 675 and 676, a determination made under subsection 278.35(4) or (5) is deemed to be a question of law.
Reasons — Certain Proceedings
— 2026, c. 19, s. 35
35 (1) Subsection 279.04(2) of the Act is replaced by the following:
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):
For greater certainty
(4) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
— 2026, c. 19, s. 36
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”.
— 2026, c. 19, s. 37
37 Section 346 of the Act is amended by adding the following after subsection (1.3):
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.
— 2026, c. 19, s. 38
38 (1) Subsections 486.1(1) and (2) of the Act are replaced by the following:
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.
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.
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.
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:
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):
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.
— 2026, c. 19, s. 39
39 (1) Subsections 486.2(1) and (2) of the Act are replaced by the following:
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.
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.
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.
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:
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:
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.
No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
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.
— 2026, c. 19, s. 40
40 (1) Subsection 486.3(2) of the Act is replaced by the following:
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.
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):
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.
— 2026, c. 19, s. 41
41 The Act is amended by adding the following after section 486.7:
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.
— 2026, c. 19, s. 42
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),
— 2026, c. 19, s. 43
43 Section 489.1 of the Act is amended by adding the following after subsection (3):
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.
— 2026, c. 19, s. 44
44 The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following:
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
— 2026, c. 19, s. 45
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),
— 2026, c. 19, s. 46
46 The Act is amended by adding the following after section 492.2:
PART XV.1Unreasonable Delay
Definitions
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
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
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.
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
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.
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.
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.
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
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.
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
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.
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.
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.
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
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.
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.
— 2026, c. 19, s. 47
47 Subsection 507.1(9) of the Act is replaced by the following:
Non-application — informations laid under sections 810, 810.03 and 810.1
(9) Subsections (1) to (8) do not apply in respect of an information laid under section 810, 810.03 or 810.1.
— 2026, c. 19, s. 48
48 (1) Paragraph 515(4.1)(b) of the Act is repealed.
(2) Paragraph 515(4.3)(b) of the Act is amended by deleting “264” and by making any necessary modifications as a consequence.
(3) Paragraph 515(4.3)(c) of the French version of the Act is replaced by the following:
c) infraction perpétrée avec usage, tentative ou menace de violence contre une personne, notamment le partenaire intime du prévenu;
— 2026, c. 19, s. 49
49 Section 537 of the Act is amended by adding the following after subsection (1):
Considerations
(1.001) In deciding whether to adjourn an inquiry under paragraph (1)(a), the justice shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 50
50 Section 571 of the Act is renumbered as subsection 571(1) and is amended by adding the following:
Considerations
(2) In deciding whether to adjourn the trial, the judge or provincial court judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 51
51 Section 645 of the Act is amended by adding the following after subsection (3):
Considerations
(3.1) In deciding whether to adjourn the trial, the judge shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 52
52 The Act is amended by adding the following after section 657.3:
Proof of absence of consent — identity information
657.4 (1) In any proceedings in relation to an offence under section 402.2 or 403, an affidavit or a solemn declaration of a person whose identity information was used or was obtained or possessed with intent to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence, containing the statements referred to in subsection (2), is admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.
Statements to be made
(2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration
(a) that the person is the person whose identity information was used or intended to be used to commit the offence;
(b) the nature of the identity information that was used or intended to be used to commit the offence;
(c) that the person did not consent to the use of their identity information by the accused; and
(d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (b) and (c).
Notice of intention to produce affidavit or solemn declaration
(3) Unless the court orders otherwise, no affidavit or solemn declaration is to be received in evidence under subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of their intention to produce it in evidence.
Attendance for examination
(4) Despite subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration.
Definition of identity information
(5) In this section, identity information has the same meaning as in section 402.1.
— 2026, c. 19, s. 53
53 The Act is amended by adding the following after section 672.501:
Variation or revocation of order
672.5011 (1) The Review Board shall — on application of the person who is the subject of an order made under section 672.501 or of any other person, including a prosecutor, who is acting on their behalf, and without holding a hearing — vary or revoke the order, unless the Review Board is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Obligation of prosecutor
(2) If the person who is the subject of an order requests that a prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application on their behalf to vary or revoke the order.
Hearing
(3) If the Review Board is of the opinion that varying or revoking the order may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the Review Board shall hold a hearing to determine whether the order should be varied or revoked.
Factor
(4) For the purposes of determining whether the order should be varied, the Review Board shall consider whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Notice
(5) The applicant is not required to provide notice of the application to the accused.
Submissions
(6) The accused shall not be permitted to make submissions in relation to the application.
Notice of change
(7) If the order is varied or revoked, the prosecutor shall notify the accused.
— 2026, c. 19, s. 54
54 Paragraph 672.81(1.3)(a) of the Act is replaced by the following:
(a) an indictable offence involving any of the following in respect of another person, including the accused’s intimate partner, a member of the intimate partner’s family and a member of the accused’s family:
(i) the use or attempted use of violence against the other person, or
(ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person; or
— 2026, c. 19, s. 55
55 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 745.52,
— 2026, c. 19, s. 56
56 (1) Subsection 675(2) of the Act is replaced by the following:
Appeal against absolute term in excess of 10 years
(2) A person who has been convicted of second degree murder, or of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of 10 may appeal to the court of appeal against the number of years in excess of 10 of their imprisonment without eligibility for parole.
(2) Subsection 675(2.2) of the Act is replaced by the following:
Persons under 18
(2.2) A person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and was sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.
— 2026, c. 19, s. 57
57 Subsection 676(4) of the Act is replaced by the following:
Appeal against ineligible parole period
(4) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), against the number of years of imprisonment without eligibility for parole, being less than 25, that has been imposed as a result of that conviction.
— 2026, c. 19, s. 58
58 (1) Subsection 699(5.1) of the Act is replaced by the following:
Sexual offences
(5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in section 278.11, a subpoena requiring a witness to bring to the court a record or a therapeutic record the production of which is governed by sections 278.1 to 278.19 must be issued by a judge and signed by the judge or the clerk of the court.
(2) Subsection 699(7) of the Act is replaced by the following:
Form of subpoena in sexual offences
(7) In the case of an offence referred to in section 278.11, a subpoena requiring a witness to bring anything to the court shall be in Form 16.1.
— 2026, c. 19, s. 59
59 The Act is amended by adding the following after section 715.43:
PART XXII.2Alternative Measures and Restorative Justice Processes
Definitions
Definitions
715.44 The following definitions apply in this Part.
- alternative measures
alternative measures means measures other than judicial proceedings under this Act that are applicable in respect of a person who is 18 years of age or older and is alleged to have committed an offence. (mesures de rechange)
- restorative justice
restorative justice, in respect of the criminal justice system, means an approach to justice that seeks to repair the harm caused by an offence to individuals and their relationships. (justice réparatrice)
- restorative justice process
restorative justice process means a process that provides an opportunity for a person alleged to have committed an offence, an offender, a victim or members of a community, as the case may be, to communicate, directly or indirectly, about the causes, circumstances and impacts of an offence or alleged offence in order to seek a resolution to repair the harm caused. (processus de justice réparatrice)
Purpose and Principles
Purpose
715.45 The purpose of this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society, including by
(a) holding a person alleged to have committed an offence or an offender accountable in respect of the offence or alleged offence;
(b) promoting a sense of responsibility for the offence or alleged offence and acknowledging the harm caused to the victim and the community;
(c) repairing the harm caused to the victim and the community;
(d) promoting the rehabilitation and reintegration of the person alleged to have committed an offence or the offender; and
(e) preventing further harm and involvement in the criminal justice system.
Principles
715.46 The following principles apply to this Part:
(a) judicial resources are more appropriately used in relation to offences that pose a risk to the safety of the public;
(b) measures that are taken under this Part allow for effective and timely intervention focused on addressing the circumstances underlying the offence or alleged offence;
(c) crime has a harmful impact on victims and on society and measures that are taken under this Part should take into consideration their interests; and
(d) measures that are taken under this Part take into account the personal circumstances and characteristics of the person alleged to have committed the offence or of the offender and of the victim, as the case may be, with particular attention to the needs of Aboriginal persons and Black persons.
Warnings and Referrals
Warnings and referrals — police
715.47 (1) A police officer must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, instead of proceeding with the laying of an information against the person alleged to have committed the offence,
(a) taking no further action;
(b) issuing a warning to the person; or
(c) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or, if authorized to do so, to an alternative measure.
Validity of charges
(2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the person for the offence.
Warnings and referrals — prosecutor
715.48 (1) A prosecutor must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, before commencing or continuing judicial proceedings against the person alleged to have committed the offence,
(a) issuing a warning to the person; or
(b) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or to an alternative measure.
Validity of proceedings
(2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the person for the offence.
Alternative Measures
Conditions for Use
Conditions
715.49 Alternative measures may be used in respect of a person alleged to have committed an offence if the following conditions are met:
(a) the alternative measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;
(b) the person who is considering whether to use the alternative measure is satisfied that it would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of the victim and of society;
(c) the person alleged to have committed the offence, having been informed of the alternative measure, fully and freely consents to participate in it;
(d) the person alleged to have committed the offence has, before consenting to participate in the alternative measure, been advised of the right to be represented by counsel;
(e) the person alleged to have committed the offence accepts responsibility for the act or omission that forms the basis of the offence;
(f) in the opinion of the Attorney General or the Attorney General’s agent, there is sufficient evidence to proceed with the prosecution of the offence; and
(g) the prosecution of the offence is not in any way barred at law.
Restrictions on Use
Restrictions
715.5 Alternative measures must not be used in respect of a person who
(a) denies participation or involvement in the commission of the offence; or
(b) expresses the wish to have any charge against them dealt with by the court.
Admissions not admissible in evidence
715.51 No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by an alternative measure is admissible in evidence against that person in any civil or criminal proceedings.
No bar to proceedings
715.52 (1) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, in the case where a charge is laid against that person in respect of that offence,
(a) if the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court must dismiss the charge; and
(b) if the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person’s compliance with respect to the alternative measures.
Laying of information or other process
(2) Subject to subsection (1), nothing in this Part is to be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence, in accordance with the law.
Restorative Justice Processes
Principles
Principles
715.53 The following additional principles apply to the use of restorative justice processes:
(a) restorative justice processes prioritize the acknowledgement and acceptance of responsibility for the harm caused to victims and communities and the repair of that harm by the person alleged to have committed an offence or the offender;
(b) they are voluntary and participants must fully and freely consent to participate and may freely withdraw from the restorative justice process at any time;
(c) they take into consideration the safety and security of all participants and seek to prevent further harm;
(d) they are based on courtesy, compassion and respect, including respect for the dignity of all participants;
(e) they foster and support the meaningful participation of those affected, including victims, persons alleged to have committed an offence and offenders and their communities;
(f) they enable participants to communicate openly and honestly and to have an active role in determining how to address their needs, as they perceive them; and
(g) they provide opportunities for understanding, healing and change and contribute to the restoration and recovery of victims and the rehabilitation and reintegration of persons alleged to have committed an offence or offenders.
Application
715.54 (1) A restorative justice process may be used at any stage of a criminal justice process, including as an alternative measure.
Restorative justice process — forms
(2) A restorative justice process may take various forms, including in the form of a mediation or dialogue between the victim and the person alleged to have committed an offence or the offender, a restorative conference or a sentencing circle.
For greater certainty
(3) For greater certainty, sections 715.49 to 715.52 apply when a restorative justice process is used as an alternative measure under this Part.
Conferences
Conference may be convened
715.55 (1) A judge, justice or any person authorized under the rules and practices referred to in subsection (3) may, on request or on their own initiative, convene or cause to be convened a conference, in which a prosecutor, a person alleged to have committed an offence or an offender, and any other person who could assist with the objectives set out in subsection (2), participate.
Objective
(2) The objective of a conference is, among other things, to facilitate the use of alternative measures or restorative justice processes in respect of the person alleged to have committed the offence or the offender and to make recommendations, if appropriate, in respect of resolution options, treatment plans, counselling and health and social services.
Rules — establishment
(3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules and practices for the convening and conducting of conferences, other than for conferences convened or caused to be convened by a judge or justice.
Rules to apply
(4) In provinces and territories where rules and practices are established under subsection (3), the conferences to which those rules and practices apply must be convened and conducted in accordance with those rules and practices.
Records
Records — warnings or referrals
715.56 Sections 715.57 to 715.6 apply only in respect of persons who have been issued a warning or a referral under section 715.47 or 715.48, regardless of the degree of their compliance with the terms and conditions of the alternative measures.
Record keeping
715.57 The police officer who issues a warning or makes a referral is to keep a record of the warning issued or referral made under section 715.47, including the identity of the person warned or referred.
Police records
715.58 (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.
Disclosure by peace officer
(2) A peace officer may disclose to any person any information in a record kept under this section that is necessary to disclose in the conduct of the investigation of an offence.
Other disclosure
(3) A peace officer may disclose to an insurance company any information in a record kept under this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.
Government records
715.59 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency
(a) for the purposes of an investigation of an offence alleged to have been committed by a person;
(b) for use in proceedings against a person under this Act; or
(c) as a result of the use of alternative measures to deal with a person.
Records kept — alternative measures
(2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.
Disclosure of records
715.6 (1) Any information contained in a record that is kept under any of sections 715.57 to 715.59 may be made available to
(a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;
(b) any peace officer
(i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or
(ii) for any purpose related to the administration of the case to which the record relates;
(c) any member of a department or agency of a government in Canada, or any agent of the department or agency, that is
(i) engaged in the administration of alternative measures in respect of the person, or
(ii) preparing a report in respect of the person as required under this Act; or
(d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is
(i) desirable in the public interest for research or statistical purposes, or
(ii) desirable in the interest of the proper administration of justice.
Access to information — alternative measures
(2) Information contained in the record, other than the identity of the person to whom the record relates, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.
Subsequent disclosure
(3) If a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.
Information and copies
(4) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.
Evidence of warning or referral not admissible
(5) Evidence that an individual has received a warning or referral, evidence that a police officer has taken no further action in respect of an offence and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual.
Record keeping — period
(6) A record kept under any of sections 715.57 to 715.59 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period during which the alternative measure was applied.
— 2026, c. 19, s. 60
60 The definition alternative measures in section 716 of the Act is repealed.
— 2026, c. 19, s. 61
61 The heading before section 717 and sections 717 to 717.4 of the Act are repealed.
— 2026, c. 19, s. 62
62 Subparagraph 718.2(a)(ii.2) of the Act is replaced by the following:
(ii.2) evidence that the offender counselled or otherwise involved a person under the age of 18 years in the commission of the offence,
— 2026, c. 19, s. 63
63 The Act is amended by adding the following after section 718.3:
Shorter term of imprisonment than minimum punishment
718.4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender.
Exception — imprisonment for life
(2) Subsection (1) does not apply with respect to an offence for which the minimum punishment is imprisonment for life.
For greater certainty
(3) For greater certainty, subsection (1) does not affect the operation of section 320.23.
Reasons
(4) A court that imposes a shorter term of imprisonment under subsection (1) shall include in the record a statement of its reasons for doing so.
Minimum punishment
(5) For the purposes of this Part, the shorter term of imprisonment imposed under subsection (1) is a minimum term of imprisonment.
— 2026, c. 19, s. 64
64 Subsection 720(2) of the Act is replaced by the following:
Court-supervised programs
(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to participate in, under the supervision of the court,
(a) a treatment program approved by the province, such as an addiction treatment program or a domestic violence counselling program; or
(b) a restorative justice process, as defined in section 715.44, approved by the province.
— 2026, c. 19, s. 65
65 Paragraph 721(3)(c) of the Act is replaced by the following:
(c) the history of any alternative measure or restorative justice process, as those terms are defined in section 715.44, that is used to deal with the offender, and the offender’s response to those measures; and
— 2026, c. 19, s. 66
66 (1) Paragraph 722(5)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the victim’s choice or a support animal;
(2) Subsection 722(7) of the Act is replaced by the following:
Conditions of exclusion
(7) The victim shall not present the statement outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation.
— 2026, c. 19, s. 67
67 (1) Section 722.2 of the Act is amended by adding the following after subsection (1):
Inquiry by court
(1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
Adjournment
(1.2) On application of the prosecutor or the community or on its own motion, the court may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
(2) Paragraph 722.2(3)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal;
(3) Subsection 722.2(4) of the Act is replaced by the following:
Conditions of exclusion
(4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation.
(4) Section 722.2 of the Act is amended by adding the following after subsection (5):
Evidence concerning community admissible
(6) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.
— 2026, c. 19, s. 68
68 The Act is amended by adding the following after section 726.2:
Endorsement — intimate partner violence
726.21 If a court determines that an offender is guilty of an offence in the commission of which violence is used, threatened or attempted against the offender’s intimate partner, the court shall endorse that fact on the information or indictment and, in the absence of evidence to the contrary, the endorsement is proof of that fact.
— 2026, c. 19, s. 69
69 The Act is amended by adding the following after section 729.1:
Order Prohibiting Contact
Order prohibiting contact
729.2 (1) When an offender is convicted, or is discharged under section 730 on the conditions prescribed in a probation order, 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 court that imposes a sentence on the offender or directs the discharge may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court considers necessary.
Duration of prohibition
(2) The prohibition may be for life or for any shorter duration that the court considers desirable.
Variation of order
(3) A court of competent jurisdiction may, on application of the person identified in the order or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, the court may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed.
Court of competent jurisdiction
(4) The application shall be made to
(a) if an order was made under subsection (1), the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province; or
(b) if an order was made under subsection 203.73(1) of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.73(4) of that Act, a superior court of criminal jurisdiction.
Failure to comply with order
(5) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) guilty of an offence punishable on summary conviction.
— 2026, c. 19, s. 70
70 Paragraph 738(1)(c) of the Act is replaced by the following:
(c) in the case of bodily or psychological harm or threat of such harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount of not more than the actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
— 2026, c. 19, s. 71
71 The Act is amended by adding the following after section 740:
Deemed restitution order
740.1 If an order referred to in section 732.1 or 742.3 contains a requirement for payment and the order terminates before all required payments are made, the portion of the order that relates to that requirement is deemed to continue as a restitution order made under section 738 or 739, as the case may be. The restitution order remains in force until all the required payments are made.
— 2026, c. 19, s. 72
72 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and
— 2026, c. 19, s. 73
73 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following:
Persons under 18
745.1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served
(2) Paragraph 745.1(c) of the Act is replaced by the following:
(c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who was 16 or 17 years of age at the time of the commission of the offence.
— 2026, c. 19, s. 74
74 The Act is amended by adding the following after section 745.51:
Manslaughter in certain circumstances
745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances,
(a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or
(b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a).
Considerations
(2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender.
— 2026, c. 19, s. 75
75 The portion of section 746 of the Act before paragraph (a) is replaced by the following:
Time spent in custody
746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between
— 2026, c. 19, s. 76
76 Paragraphs (a) and (b) of the definition serious personal injury offence in section 752 of the Act are replaced by the following:
(a) an indictable offence, other than high treason, treason, first degree or second degree murder, for which the offender may be sentenced to imprisonment for 10 years or more and involving any of the following in respect of another person, including the offender’s intimate partner, a member of the intimate partner’s family and a member of the offender’s family:
(i) the use or attempted use of violence against the other person, or
(ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or
(b) an offence or attempt to commit an offence mentioned in section 151 (sexual interference), 152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 171.1 (making sexually explicit material available to child), 172.1 (luring a child), 172.2 (agreement or arrangement — sexual offence against child), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). (sévices graves à la personne)
— 2026, c. 19, s. 77
77 Section 752.01 of the Act is replaced by the following:
Prosecutor’s duty to advise court
752.01 The prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1), if the prosecutor is of the opinion that an offence for which an offender is found guilty is a serious personal injury offence and that
(a) the offence is a designated offence and the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those previous convictions; or
(b) the offender committed the offence against their intimate partner, a member of their family or a member of their intimate partner’s family, and the offender was convicted previously at least twice of an offence that was committed against any such person and that was a designated offence or serious personal injury offence.
— 2026, c. 19, s. 78
78 Paragraph 753.1(2)(a) of the Act is amended by replacing “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” with “152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 163.1 (child sexual abuse and exploitation material), 170”.
— 2026, c. 19, s. 79
79 Section 803 of the Act is amended by adding the following after subsection (1):
Considerations
(1.1) In deciding whether to adjourn the trial under subsection (1), the summary conviction court shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 80
80 Paragraph 810(1)(b) of the French version of the Act is replaced by the following:
b) soit ne commette une infraction prévue à l’article 162.1.
— 2026, c. 19, s. 81
81 (1) Subsections 810.03(1) to (5) of the Act are replaced by the following:
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 justice.
Appearances
(2) The justice who receives an information under subsection (1) may cause the parties to appear before a justice.
Recognizance order
(3) If the justice before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the justice 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) However, if the justice is also satisfied that the defendant was previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of the defendant or any child of any intimate partner or of the defendant, the justice may order the defendant to enter into the recognizance for a period of not more than two years.
Indigenous support services
(4.1) If the defendant or the person on whose behalf the information is laid is Indigenous, the justice 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 justice may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.
(2) The portion of subsection 810.03(6) of the Act before paragraph (d) is replaced by the following:
Conditions in recognizance
(6) The justice may add any reasonable conditions to the recognizance that the justice 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 a treatment program, 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 justice;
(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 justice considers necessary;
(3) Paragraph 810.03(6)(e) of the Act is replaced by the following:
(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 justice considers necessary;
(4) Subsection 810.03(7) of the Act is replaced by the following:
Conditions — firearms
(7) The justice 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 justice decides that it is desirable to do so, the justice shall add that condition to the recognizance and specify the period during which the condition applies.
(5) Subsection 810.03(8) of the English version of the Act is replaced by the following:
Surrender, etc.
(8) If the justice adds a condition described in subsection (7) to a recognizance, the justice 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.
(6) Subsections 810.03(9) to (11) of the Act are replaced by the following:
Reasons
(9) If the justice does not add a condition described in subsection (7) to a recognizance, the justice shall include in the record a statement of the reasons for not adding the condition.
Variance of conditions
(10) A justice 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.
Consideration of safety and security needs
(11) If the defendant makes an application under subsection (10), the justice shall, before varying any conditions, consider the safety and security needs of the person on whose behalf the information is laid.
(7) Section 810.03 is amended by adding the following after subsection (12):
Provisions of this Part to apply
(13) The provisions of this Part apply, with any modifications that the circumstances require, to proceedings under this section.
— 2026, c. 19, s. 82
82 (1) Subsection 810.1(1) of the Act is replaced by the following:
Fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 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), in respect of one or more persons who are under the age of 18 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
(2) Subsection 810.1(3.01) of the Act is replaced by the following:
Duration extended
(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 18 years, the judge may order that the defendant enter into the recognizance for a period of not more than two years.
(3) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:
(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 18 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;
(4) Paragraph 810.1(3.02)(b) of the Act is replaced by the following:
(b) prohibit the defendant from 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 or playground;
— 2026, c. 19, s. 83
83 Section 824 of the Act is renumbered as subsection 824(1) and is amended by adding the following:
Considerations
(2) In deciding whether to adjourn the hearing, the appeal court shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 84
84 Form 16.1 of Part XXVIII of the Act is replaced by the following:
FORM 16.1(Subsections 278.12(5) and 699(7))Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.11(1) of the Criminal Code
Canada,
Province of
,(territorial division).
To E.F., of
, (occupation);Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);
This is therefore to command you to attend before (set out court or justice), on
the day of A.D. , at o’clock in the noon at to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).TAKE NOTE
You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, it may be subject to a determination by the court in accordance with sections 278.1 to 278.19 of the Criminal Code as to whether and to what extent it should be produced.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.19 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record or therapeutic record made under section 278.12 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record or therapeutic record.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.19 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced.
As defined in section 278.1 of the Criminal Code, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
As defined in section 278.1 of the Criminal Code, therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling.
Dated this
day of A.D. , at .Judge, Clerk of the Court, Provincial Court Judge or Justice
(Seal, if required)
— 2026, c. 19, s. 85
85 Form 23 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 23” with the following:
(Sections 83.3, 810, 810.01, 810.011, 810.03, 810.1 and 810.2)
— 2026, c. 19, s. 86
86 (1) Paragraphs (e.2) to (f.1) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:
(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 justice 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 or justice (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 justice considers necessary (section 810.03 of the Criminal Code);
(2) Paragraph (j) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
(j) abstains from any contact — including communicating by any means — with a person under the age of 18 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);
(3) Paragraph (l) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
(l) abstains from 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 or playground (section 810.1 of the Criminal Code);
— 2026, c. 19, s. 87
Existing minimum punishments
87 For greater certainty, following the enactment of section 718.4 of the Criminal Code, the operation of the minimum punishments that are set out in that Act or in any other Act of Parliament is affirmed.
— 2026, c. 19, s. 94
Replacement — references to section 152 of Criminal Code
94 Every reference to “sexual touching” is replaced by a reference to “sexual touching or exposure” in the following provisions:
(a) in the Criminal Code,
(i) subparagraph (a)(i.2) of the definition primary designated offence in section 487.04,
(ii) subparagraph 487.055(3)(a)(ii),
(iii) subparagraph (a)(iii) of the definition primary offence in subsection 490.011(1), and
(iv) subparagraph (a)(ii) of the definition primary designated offence in section 752;
(b) in subparagraph 1(a)(ii) in Schedule 1 to the Criminal Records Act;
(c) in the Corrections and Conditional Release Act,
(i) subparagraph (a)(ii) of the definition sexual offence involving a child in subsection 129(9), and
(ii) paragraph 1(f) in Schedule I; and
(d) in paragraph 1(d) in the schedule to the Youth Criminal Justice Act.
— 2026, c. 19, s. 95
Replacement — references to section 153.1 of Criminal Code
95 In the following provisions, the references to “exploitation d’une personne handicapée à des fins sexuelles”, “personne en situation d’autorité par rapport à une personne ayant une déficience” and “personnes en situation d’autorité” are replaced by “exploitation sexuelle d’une personne handicapée”:
(a) in the French version of the Criminal Code:
(i) subparagraph (a)(v) of the definition infraction primaire in subsection 490.011(1), and
(ii) subparagraph (b)(v) of the definition infraction désignée in section 752;
(b) in the French version of the Criminal Records Act:
(i) subparagraph 2(a)(i) of Schedule 1, and
(ii) subparagraph 1(a)(i) of Schedule 2; and
(c) paragraph 1(g.1) of Schedule I to the French version of the Corrections and Conditional Release Act.
— 2026, c. 19, s. 96
Definitions
96 The following definitions apply in sections 97 to 118.
- Act
Act means the Criminal Code. (Loi)
- commencement day
commencement day means the 30th day after the day on which this Act receives royal assent. (date de référence)
— 2026, c. 19, s. 97
Offence in relation to sexual offences against children
97 For greater certainty, subsection 7(4.1) of the Act, as enacted by section 3, applies only with respect to an act or omission that is committed on or after the commencement day.
— 2026, c. 19, s. 98
Sentencing for manslaughter
98 Subsection 236(2) of the Act applies only with respect to an offence that is committed on or after the commencement day.
— 2026, c. 19, s. 99
Factors to be considered — criminal harassment
99 For greater certainty, paragraph 264(4)(a) of the Act, as enacted by subsection 27(6), applies with respect to any matter or proceeding that is ongoing on the commencement day.
— 2026, c. 19, s. 100
Production and admissibility
100 Subsections 276(1) and (2) of the Act, as amended by section 31, sections 276.01 to 276.13 of the Act, as enacted by section 32, and sections 278.1 to 278.38 of the Act, as enacted by section 34, apply only to an offence in respect of which a charge is laid on or after the commencement day.
— 2026, c. 19, s. 101
Aggravating factor — extortion
101 For greater certainty, subsection 346(1.4) of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day.
— 2026, c. 19, s. 102
Testimonial aids
102 For greater certainty, sections 486.1, 486.2 and 486.3 of the Act, as amended by sections 38, 39 and 40, respectively, apply with respect to any matter or proceeding that is ongoing on commencement day.
— 2026, c. 19, s. 103
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.
— 2026, c. 19, s. 104
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.
— 2026, c. 19, s. 105
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.
— 2026, c. 19, s. 106
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.
— 2026, c. 19, s. 107
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.
— 2026, c. 19, s. 108
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.
— 2026, c. 19, s. 109
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.
— 2026, c. 19, s. 110
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.
— 2026, c. 19, s. 111
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.
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.
— 2026, c. 19, s. 112
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.
— 2026, c. 19, s. 113
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.
— 2026, c. 19, s. 114
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.
— 2026, c. 19, s. 115
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.
— 2026, c. 19, s. 116
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.
— 2026, c. 19, s. 117
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.
— 2026, c. 19, s. 118
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.
— 2026, c. 19, s. 118.1
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.
— 2026, c. 19, s. 119
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.
— 2026, c. 19, s. 201
Bill C-9
201 (1) Subsections (2) and (3) apply if Bill C-9, introduced in the 1st session of the 45th Parliament and entitled the Combatting Hate Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 48(2) of this Act comes into force before subsection 9(2) of the other Act, then, on the day on which that subsection 9(2) comes into force, paragraph 515(4.3)(b) of the Criminal Code is amended by deleting “264” and by making any necessary modifications as a consequence.
(3) If subsection 9(2) of the other Act comes into force on the same day as subsection 48(2) of this Act, then that subsection 9(2) is deemed to come into force before that subsection 48(2).
(4) On the first day on which both section 11 of the other Act and section 68 of this Act are in force, section 726.21 of the Criminal Code, as enacted by section 11 of the other Act, is renumbered as section 726.22 and is repositioned accordingly if required.
— 2026, c. 19, s. 203
Bill C-14
203 (1) Subsections (2) to (8) apply if Bill C-14, introduced in the 1st session of the 45th Parliament and entitled the Bail and Sentencing Reform Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 23(3) of the other Act comes into force before subsection 48(1) of this Act, then that subsection 48(1) is replaced by the following:
48 (1) Paragraph 515(4.1)(d) of the Act is repealed.
(3) If subsection 48(1) of this Act comes into force before subsection 23(3) of the other Act, then, on the day on which that subsection 23(3) comes into force, paragraph 515(4.1)(d) of the Criminal Code is repealed.
(4) If subsection 23(3) of the other Act comes into force on the same day as subsection 48(1) of this Act, then that subsection 23(3) is deemed to have come into force before that subsection 48(1) and subsection (2) applies as a consequence.
(5) If subsection 48(2) of this Act comes into force before subsection 23(5) of the other Act, then that subsection 23(5) is replaced by the following:
(5) Paragraph 515(4.3)(b) of the Act is amended by adding, in sequential order, a reference to section 346 of the Act and by making any necessary modifications in consequence.
(6) If subsection 23(5) of the other Act comes into force on the same day as subsection 48(2) of this Act, then that subsection 23(5) is deemed to have come into force before that subsection 48(2).
(7) If section 124 of this Act comes into force before section 60 of the other Act, then that section 60 is repealed.
(8) If section 60 of the other Act and section 124 of this Act come into force on the same day, then that section 60 is deemed to have come into force before that section 124.
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