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Bill C-277

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Second Session, Forty-third Parliament,

69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-277
An Act to amend the Criminal Code and An Act to amend the Criminal Code (exploitation and trafficking in persons)
FIRST READING, March 23, 2021

Mr. Paul-Hus
432105


SUMMARY

This enactment amends the Criminal Code to add the offences of material benefit from sexual services and procuring to the list of offences subject to forfeiture of proceeds of crime. It also eliminates preliminary inquiries for indictable offences related to sexual exploitation.

The enactment also amends An Act to amend the Criminal Code (exploitation and trafficking in persons) to bring section 3 of that Act into force.

Finally, it provides for the preparation by the Minister of Justice of a report on mutual legal assistance in connection with sexual exploitation crimes committed on the Internet.

Available on the House of Commons website at the following address:
www.ourcommons.ca


2nd Session, 43rd Parliament,

69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-277

An Act to amend the Criminal Code and An Act to amend the Criminal Code (exploitation and trafficking in persons)

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

R.‍S.‍, c. C-46

Criminal Code

1 Subsection 462.‍37(2.‍02) of the Criminal Code is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after that paragraph:

  • Start of inserted block

    (e) an offence under section 286.‍2 or 286.‍3.

    End of inserted block

2 The Act is amended by adding the following after section 535:

Exception — sexual exploitation

Start of inserted block

535.‍1 Despite section 535, it is prohibited to make a request for a preliminary inquiry under subsection 536(4) or 536.‍1(3) if the accused is charged with a criminal offence under any of the following provisions:

  • (a) section 279.‍01 (trafficking in persons);

  • (b) section 279.‍011 (trafficking of a person under the age of eighteen years);

  • (c) subsection 279.‍02(2) (material benefit — trafficking);

  • (d) subsection 286.‍2(2) (material benefit from sexual services provided by person under 18 years);

  • (e) section 286.‍3 (procuring).

    End of inserted block

3 Subsections 536(2) and (2.‍1) of the Act are replaced by the following:

Election before justice — 14 years or more of imprisonment

(2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469 Insertion start or 535.‍1 Insertion end , the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

Election before justice — other indictable offences

(2.‍1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment, Insertion start an offence listed in section 535.‍1 Insertion end or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

4 Subsections 536.‍1(2) and (2.‍1) of the Act are replaced by the following:

Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment

(2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469 Insertion start or 535.‍1 Insertion end , the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

Election before judge or justice of the peace in Nunavut — other indictable offences

(2.‍1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment, Insertion start an offence listed in section 535.‍1 Insertion end or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

2015, c. 16

An Act to amend the Criminal Code (exploitation and trafficking in persons)

5 Subsection 5(2) of An Act to amend the Criminal Code (exploitation and trafficking in persons), as enacted by section 386 of An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, chapter 25 of the Statutes of Canada, 2019, is replaced by the following:

Section 3

(2) Section 3 comes into force on Insertion start the Insertion end day Insertion start on which a Bill entitled An Act to amend the Criminal Code and An Act to amend the Criminal Code (exploitation and trafficking in persons), introduced in the 2nd session of the 43rd Parliament, receives royal assent Insertion end .

Report to Parliament

Report

6 (1) Immediately after this Act receives royal assent, the Minister of Justice must, after consultation with police forces, prepare a report on the following:

  • (a) the processing times for production orders requested under the Mutual Legal Assistance in Criminal Matters Act in connection with sexual exploitation crimes committed on the Internet;

  • (b) the status of discussions between the Government of Canada and American authorities on the potential conclusion and implementation of an agreement to facilitate obtaining transmission data in the context of investigations related to such crimes; and

  • (c) the measures that the Government of Canada intends to quickly implement to accelerate access to the electronic data relating to such crimes held by American communication service suppliers.

Tabling

(2) The Minister must cause the report to be tabled in each House of Parliament no later than four months after the day on which this Act receives royal assent or, if either House is not then sitting, on any of the first 15 days on which that House is sitting.

Publication

(3) The Minister must publish the report on the website of the Department of Justice within ten days after the day on which it is tabled in a House of Parliament.

Published under authority of the Speaker of the House of Commons

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