This enactment amends the Criminal Code to require a court, when imposing a sentence for certain violent offences, to consider the fact that the victim is an Aboriginal woman to be an aggravating circumstance.

Preamble

Whereas the Canadian Charter of Rights and Freedoms guarantees to all individuals equality before and under the law and the right to the equal protection and equal benefit of the law without discrimination;

Whereas Aboriginal women have been for many decades and are still far more likely than non-Aboriginal women to go missing or be victims of murder or other violent crimes;

And whereas it is important to denounce and deter violent crimes against Aboriginal women;

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

Sentencing — aggravating circumstance

239.‍1 When a court imposes a sentence for an offence referred to in section 235, 236 or 239, it shall consider as an aggravating circumstance the fact that the victim of the offence is a female person who is Indian, Inuit or Métis.

Sentencing —aggravating circumstance

273.‍01 When a court imposes a sentence for an offence referred to in paragraph 264.‍1(1)‍(a) or any of sections 265 to 269 or 271 to 273, it shall consider as an aggravating circumstance the fact that the victim of the offence is a female person who is Indian, Inuit or Métis.