Bill C-15

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First Reading

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No defence	(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.
	15. The Act is amended by adding the following after section 182:
	PART V.1
	CRUELTY TO ANIMALS
Definition of ``animal''	182.1 In this Part, ``animal'' means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.
Killing or harming animals	182.2 (1) Every one commits an offence who, wilfully or recklessly,
	(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;
	(b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;
	(c) kills an animal without lawful excuse;
	(d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;
	(e) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals, including training an animal to fight another animal;
	(f) builds, makes, maintains, keeps or allows to be built, made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;
	(g) 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 animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or
	(h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g).
Punishment	(2) Every one who commits an offence under subsection (1) is guilty of
	(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.
Failing to provide adequate care	182.3 (1) Every one commits an offence who
	(a) negligently causes unnecessary pain, suffering or injury to an animal;
	(b) being the owner, or the person having the custody or control of an animal, abandons it or fails to provide suitable and adequate food, water, air, shelter and care for it; or
	(c) negligently injures an animal while it is being conveyed.
Definition of ``negligently''	(2) For the purposes of paragraphs (1)(a) and (c), ``negligently'' means departing markedly from the standard of care that a reasonable person would use.
Punishment	(3) Every one who commits an offence under subsection (1) is guilty of
	(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
	(b) an offence punishable on summary conviction.
Order of prohibition or restitution	182.4 (1) The court may, in addition to any other sentence that it may impose under subsection 182.2(2) or 182.3(3),
	(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and
	(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.
Breach of order	(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
Application	(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).
	16. The definition ``child'' in section 214 of the Act is repealed.
1993, c. 45, s. 2	17. Paragraph 264(3)(a) of the Act is replaced by the following:
	(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
R.S., c. 27 (1st Supp.), s. 38	18. Paragraph 264.1(1)(c) of the Act is replaced by the following:
	(c) to kill, poison or injure an animal that is the property of any person.
	19. The Act is amended by adding the following after section 270:
Disarming a peace officer	270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.
Definition of ``weapon''	(2) For the purpose of subsection (1), ``weapon'' means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.
Punishment	(3) Every one who commits an offence under subsection (1) is guilty of
	(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.
R.S., c. 19 (3rd Supp.), s. 11	20. Sections 274 and 275 of the Act are replaced by the following:
Corrobora- tion not required	274. If an accused is charged with an offence under section 151, 152, 153, 153.1 , 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.
Rules respecting recent complaint abrogated	275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 , 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
1992, c. 38, s. 2	21. 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 , 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
R.S., c. 19 (3rd Supp.), s. 13	22. Section 277 of the Act is replaced by the following:
Reputation evidence	277. In proceedings in respect of an offence under section 151, 152, 153, 153.1 , 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.
	23. The Act is amended by adding the following after section 348:
Aggravating circumstance - home invasion	348.1 If a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,
	(a) knew that or was reckless as to whether the dwelling-house was occupied; and
	(b) used violence or threats of violence to a person or property.
	24. The heading before section 444 and sections 444 to 447 of the Act are repealed.
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)	25. Section 462.47 of the French version of the Act is replaced by the following:
Nullité des actions contre les informateurs	462.47 Il est entendu que , sous réserve de l'article 241 de la Loi de l'impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu'elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou pour croire qu'une autre personne a commis une infraction de criminalité organisée ou une infraction désignée ou s'apprête à le faire.
R.S., c. 27 (1st Supp.), s. 66(1)	26. (1) Subsection 482(2) of the Act is replaced by the following:
Power to make rules	(2) The following courts may , subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII , action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
	(a) every court of criminal jurisdiction for a province;
	(b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);
	(c) the Ontario Court of Justice;
	(d) the Court of Quebec and every municipal court in the Province of Quebec;
	(e) the Provincial Court of Nova Scotia;
	(f) the Provincial Court of New Brunswick;
	(g) the Provincial Court of Manitoba;
	(h) the Provincial Court of British Columbia;
	(i) the Provincial Court of Prince Edward Island;
	(j) the Provincial Court of Saskatchewan;
	(k) the Provincial Court of Alberta;
	(l) the Provincial Court of Newfoundland;
	(m) the Territorial Court of Yukon;
	(n) the Territorial Court of the Northwest Territories; and
	(o) the Nunavut Court of Justice.
R.S., c. 27 (1st Supp.), s. 66(3)	(2) Paragraph 482(3)(c) of the Act is replaced by the following:
	(c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
	27. The Act is amended by adding the following after section 482:
Power to make rules respecting case management	482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules
	(a) for the determination of any matter that would assist the court in effective and efficient case management;
	(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and
	(c) establishing case management schedules.
Compliance with directions	(2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).
Summons or warrant	(3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.
Provisions to apply	(4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Approval of lieutenant governor in council	(5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.
Subsections 482(4) and (5) to apply	(6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
1997, c. 18, s. 40	28. Subsection 485(1.1) of the Act is replaced by the following:
When accused not present	(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2) , paragraph 537(1)(j), (j.1) or (k) , subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.
1997, c. 16, s. 6(1)	29. Subsection 486(2.1) of the Act is replaced by the following:
Testimony outside court room	(2.1) Despite section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1 , 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.
R.S., c. 27 (1st Supp.), s. 78(1)	30. The portion of subsection 507(1) of the Act before paragraph (a) is replaced by the following:
Justice to hear informant and witnesses - public prosecutions	507. (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General's agent , other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,

Bill C-15

PART V.1

CRUELTY TO ANIMALS