Bill C-278

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
	House of Commons of Canada
	BILL C-278
	An Act to amend the Criminal Code (prohibited sexual acts)
R.S., c. C-46	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
added, R.S., c. 19 (3rd Supp.), s. 1	*1. (1) Subsections 150.1(1) and (2) of the Criminal Code* are replaced by the following:**
Consent no defence	150.1 (1) Where an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of sixteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.
Exception	(2) Notwithstanding subsection (1), where an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is twelve years of age or more but under the age of sixteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused
	(a) is twelve years of age or more but under the age of sixteen years;
	(b) is less than two years older than the complainant; and
	(c) is neither in a position of trust or authority towards the complainant nor is a person with whom the complainant is in a relationship of dependency.
	(2) Subsection 150.1(4) of the Act is replaced by the following:
Mistake of age	(4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was sixteen 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.
R.S., c. 19 (3rd Supp.), s. 1	2. Sections 151 and 152 of the Act are replaced by the following:
Sexual interference	151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of sixteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
Invitation to sexual touching	152. Evey person who, for a sexual purpose, invites, counsels or incites a person under the age of sixteen years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of sixteen years, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
R.S., c. 19 (3rd Supp.), s. 1	3. Subsection 153(2) of the Act is replaced by the following:
Definition of ``young person''	(2) In this section, ``young person'' means a person sixteen years of age or more but under the age of eighteen years.
R.S., c. 19 (3rd Supp.), s. 3	4. Subsection 160(3) of the Act is replaced by the following:
Bestiality in presence of or by child	(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of sixteen years, commits bestiality or who incites a person under the age of sixteen years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
repealed, R.S., c. 19 (3rd Supp.), s. 4; added, 1993, c. 45, s. 1; 1995, c. 22, s. 18 (Sch. IV, item 26); 1997, c. 18, s. 4; 1999, c. 31, s. 67	5. Subsection 161(1) of the Act is replaced by the following:
Order of prohibition	161. (1) Where an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under section 151, 152, 155 or 159, subsection 160(2) or (3) or section 170, 171, 271, 272 or 273, in respect of a person who is under the age of sixteen 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 sixteen years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre; or
	(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 sixteen years.

Order of prohibition	(1.1) Where an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under section 281, in respect of a person who is under the age of fourteen 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 fourteen years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre; or
	(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 fourteen years.

R.S., c. 19 (3rd Supp.), s. 5	6. Sections 170 and 171 of the Act are replaced by the following:
Parent or guardian procuring sexual activity	170. Every parent or guardian of a person under the age of eighteen years who procures that person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, if the person procured for that purpose is under the age of sixteen years, or to imprisonment for a term not exceeding two years if the person so procured is sixteen years of age or more but under the age of eighteen years.
Householder permitting sexual activity	171. Every owner, occupier or manager of premises or other person who has control of premises or assists in the management or control of premises who knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, if the person in question is under the age of sixteen years, or to imprisonment for a term not exceeding two years if the person in question is sixteen years of age or more but under the age of eighteen years.
R.S., c. 19 (3rd Supp.), s. 7	7. Subsection 173(2) of the Act is replaced by the following:
Exposure	(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of sixteen years is guilty of an offence punishable on summary conviction.

Bill C-278

BILL C-278