Bill S-17
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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98
senate of canada
BILL S-17
An Act to amend the Criminal Code respecting criminal harassment and other related matters
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34; 1997, cc. 9,16, 17, 18, 23, 30, 39
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1993, c.45, s.2
1. Paragraphs 264(3)(a) and (b) of the Criminal Code are replaced by the following:
(a) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months; or
(b) an indictable offence and is liable to imprisonment for a term not exceeding ten years.
2. (1) Subsection 372(2) of the Act is replaced by the following:
Indecent telephone calls
(2) Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of
(a) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months; or
(b) an indictable offence and is liable to imprisonment for a term not exceeding two years.
(2) Subsection 372(3) of the Act is replaced by the following:
Harassing telephone calls
(3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of
(a) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months; or
(b) an indictable offence and is liable to imprisonment for a term not exceeding two years.
3. The portion of subsection 423(1) of the Act after paragraph (g) is replaced by the following:
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or of an offence punishable on summary conviction.
4. Paragraph 752(b) of the Act is replaced by the following:
(b) an offence or attempt to commit an offence mentioned in section 264 (criminal harassment), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).
1997, c.17, s.4
5. Paragraph 753.1(2)(a) of the Act is replaced by the following:
(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure), section 264 (criminal harassment), 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
Published under authority of the Senate of Canada
Explanatory Notes
Clause 1: Paragraphs 264(3)(a) and (b) read as follows:
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Clause 2: (1) Subsection 372(2) reads as follows:
(2) Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.
(2) Subsection 372(3) reads as follows:
(3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.
Clause 3: The relevant portion of subsection 423(1) reads as follows:
is guilty of an offence punishable on summary conviction.
Clause 4: Paragraph 752(b) reads as follows:
(b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).
Clause 5: Paragraph 753.1(2)(a) reads as follows:
(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and