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Bill C-17

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SUMMARY

This enactment amends the Criminal Code by

    (a) consolidating animal cruelty offences into one section and introducing new offences for brutally or viciously killing an animal or abandoning one;

    (b) creating an offence of disarming, or attempting to disarm, a peace officer; and

    (c) making a number of technical amendments.

The enactment amends the Firearms Act by expanding the class of prohibited handguns that are grandfathered and modifying the employee licensing requirements.

EXPLANATORY NOTES

Criminal Code

Clause 1: The heading of Part V reads as follows:

SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT

Clause 2: New.

Clause 3: The definition ``child'' in section 214 reads as follows:

``child'' includes an adopted child and an illegitimate child;

Clause 4: The relevant portion of subsection 264.1(1) reads as follows:

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

    . . .

    (c) to kill, poison or injure an animal or bird that is the property of any person.

Clause 5: New.

Clause 6: Sections 274 and 275 read as follows:

274. Where an accused is charged with an offence under section 151, 152, 153, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 155 and 159, subsections 160(2) and (3), and sections 170, 171, 172, 173, 271, 272 and 273.

Clause 7: The relevant portion of subsection 276(1) reads as follows:

276. (1) In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, 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

Clause 8: Section 277 reads as follows:

277. In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

Clause 9: The heading before section 444 and sections 444 to 447 reads as follows:

Cattle and Other Animals

444. Every one who wilfully

    (a) kills, maims, wounds, poisons or injures cattle, or

    (b) places poison in such a position that it may easily be consumed by cattle,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

445. Every one who wilfully and without lawful excuse

    (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose, or

    (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose,

is guilty of an offence punishable on summary conviction.

Cruelty to Animals

446. (1) Every one commits an offence who

    (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

    (b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;

    (c) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it;

    (d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;

    (e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

    (f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

    (g) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f).

(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

(3) For the purposes of proceedings under paragraph (1)(a) or (b), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering, damage or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering, damage or injury was caused or was permitted to be caused wilfully or was caused by wilful neglect, as the case may be.

(4) For the purpose of proceedings under paragraph (1)(d), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he encouraged, aided or assisted at the fighting or baiting.

(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or a bird during any period not exceeding two years.

(6) Every one who owns or has the custody or control of an animal or a bird while he is prohibited from doing so by reason of an order made under subsection (5) is guilty of an offence punishable on summary conviction.

447. (1) Every one who builds, makes, maintains or keeps a cockpit on premises that he owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises is guilty of an offence punishable on summary conviction.

(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.

Clause 10: Section 462.47 reads as follows:

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit an enterprise crime offence or a designated substance offence.

Clause 11: Subsection 486(2.1) reads as follows:

(2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

Clause 12: (1) Subsection 810.01(2) reads as follows:

(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provincial court judge.

(2) Subsection 810.01(6) reads as follows:

(6) The provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.

Clause 13: (1) Subsection 810.1(2) reads as follows:

(2) A provincial court judge who receives an information under subsection (1) shall cause the parties to appear before the provincial court judge.

(2) Subsection 810.1(4) reads as follows:

(4) The provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

Clause 14: (1) Subsection 810.2(2) reads as follows:

(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provincial court judge.

(2) Subsection 810.2(7) reads as follows:

(7) The provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.

Clause 15: The relevant portion of Form 11.1 of Part XXVIII reads as follows:

FORM 11.1

(Sections 493, 499 and 503)

UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE

Canada, Province of ...................., (territorial division).

I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of the offence).

In order that I may be released from custody by way of (a promise to appear or a recognizance), I undertake to (insert any conditions that are directed):

Firearms Act

Clause 16: Subsection 9(3.1) is new. Subsection 9(3) reads as follows:

(3) A business other than a carrier is eligible to hold a licence only if every employee of the business who, in the course of duties of employment, handles or would handle firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition is the holder of a licence authorizing the holder to acquire restricted firearms.

Clause 17: Subsections 12(6.1) and (6.2) are new. Subsection 12(6) reads as follows:

(6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual

    (a) on February 14, 1995

      (i) held a registration certificate under the former Act for one or more of those handguns, or

      (ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns;

    (b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and

    (c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns.

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