Bill C-438

1st Session, 39th Parliament,

55-56 Elizabeth II, 2006-2007

house of commons of canada

BILL C-438

An Act to amend the Criminal Code (consent)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. Subsection 7(4.1) of the Criminal Code is replaced by the following:

(4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or subsection 212(4) 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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

2. Subsection 150.1(5) of the Act is replaced by the following:

(5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen 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.

3. Section 159 of the Act is repealed.

4. Paragraph 161(1.1)(a) of the Act is replaced by the following:

(a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272, 273 or 281;

5. Paragraph 273.3(1)(c) of the Act is replaced by the following:

(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

6. Sections 274 and 275 of the Act are replaced by the following:

274. If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 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, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

7. The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:

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, 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

8. Section 277 of the Act is replaced by the following:

277. 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, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

9. Paragraph 278.2(1)(a) of the Act is replaced by the following:

(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 or 273,

10. Subsection 486(3) of the Act is replaced by the following:

(3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

11. Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following:

(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

12. Subsection 810.1(1) of the Act is replaced by the following:

810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of fourteen 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.

COORDINATING AMENDMENTS

13. (1) Subsections (2) and (3) apply if Bill C-22, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act (the “other Act”), receives royal assent.

(2) If section 3 of the other Act comes into force before this Act, then, on the coming into force of this Act, subsection 810.1(1) of the Criminal Code, as enacted by section 12 of this Act, is replaced by the following:

810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of sixteen 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.

(3) If section 3 of the other Act comes into force on the same day as this Act, then this Act is deemed to have come into force after section 3 of the other Act and subsection (2) applies.