Bill C-291
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- ENGLISH
- SUMMARY SUMMARY
- Criminal Code Criminal Code
- Consequential Amendments Consequential Amendments
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First Session, Forty-fourth Parliament, 70-71 Elizabeth II, 2021-2022 |
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HOUSE OF COMMONS OF CANADA |
An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material)
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FIRST READING, June 17, 2022
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Mr. Arnold |
SUMMARY
This enactment amends the Criminal Code to replace the term “child pornography” with “child sexual abuse material” and makes consequential amendments to other Acts.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 44th Parliament, 70-71 Elizabeth II, 2021-2022 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-291 |
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An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material) |
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 (1) The portion of subsection 163.1(1) of the Criminal Code before paragraph (a) is replaced by the following:
Definition of child sexual abuse material
163.1 (1) In this section, child Insertion start sexual abuse material Insertion end means
(2) Subsections 163.1(2) and (3) of the Act are replaced by the following:
Making child sexual abuse material
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child Insertion start sexual abuse material Insertion end is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
Distribution, etc. of child sexual abuse material
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child Insertion start sexual abuse material Insertion end is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
(3) The portion of subsection 163.1(4) of the Act before paragraph (a) is replaced by the following:
Possession of child sexual abuse material
(4) Every person who possesses any child Insertion start sexual abuse material Insertion end is guilty of
(4) The portion of subsection 163.1(4.1) of the Act before paragraph (a) is replaced by the following:
Accessing child sexual abuse material
(4.1) Every person who accesses any child Insertion start sexual abuse material Insertion end is guilty of
(5) Subsection 163.1(4.2) of the Act is replaced by the following:
Interpretation
(4.2) For the purposes of subsection (4.1), a person accesses child Insertion start sexual abuse material Insertion end who knowingly causes child Insertion start sexual abuse material Insertion end to be viewed by, or transmitted to, himself or herself.
(6) Subsection 163.1(5) of the Act is replaced by the following:
Defence
(5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child Insertion start sexual abuse material Insertion end was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.
2 (1) Paragraph 164(1)(d) of the Act is replaced by the following:
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(d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child Insertion start sexual abuse material Insertion end as defined in section 163.1;
(2) Subsections 164(3) to (5) of the Act are replaced by the following:
Owner and maker may appear
(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child Insertion start sexual abuse material Insertion end , a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture
(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child Insertion start sexual abuse material Insertion end , a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Disposal of matter
(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child Insertion start sexual abuse material Insertion end , a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
3 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Warrant of seizure
164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child Insertion start sexual abuse material Insertion end as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child Insertion start sexual abuse material Insertion end , a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to
(2) Subsection 164.1(5) of the Act is replaced by the following:
Order
(5) If the court is satisfied, on a balance of probabilities, that the material is child Insertion start sexual abuse material Insertion end as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child Insertion start sexual abuse material Insertion end , the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.
(3) Subsection 164.1(7) of the Act is replaced by the following:
Return of material
(7) If the court is not satisfied that the material is child Insertion start sexual abuse material Insertion end as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child Insertion start sexual abuse material Insertion end , the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).
4 The portion of subsection 171.1(5) of the Act before paragraph (a) is replaced by the following:
Definition of sexually explicit material
(5) In subsection (1), sexually explicit material means material that is not child Insertion start sexual abuse material Insertion end , as defined in subsection 163.1(1), and that is
5 Subparagraph (a)(xxix) of the definition offence in section 183 of the Act is replaced by the following:
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(xxix) section 163.1 (child Insertion start sexual abuse material Insertion end ),
6 Subsection 486.4(3) of the Act is replaced by the following:
Child sexual abuse material
(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child Insertion start sexual abuse material Insertion end within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.
7 Subparagraph (a)(i.8) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:
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(i.8) section 163.1 (child Insertion start sexual abuse material Insertion end ),
8 Subparagraph (a)(viii) of the definition designated offence in subsection 490.011(1) of the Act is replaced by the following:
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(viii) section 163.1 (child Insertion start sexual abuse material Insertion end ),
9 Subsection 672.501(2) of the Act is replaced by the following:
Order restricting publication — child sexual abuse material
(2) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child Insertion start sexual abuse material Insertion end within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.
10 Subparagraph (b)(vi) of the definition designated offence in section 752 of the Act is replaced by the following:
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(vi) section 163.1 (child Insertion start sexual abuse material Insertion end ),
11 Paragraph 753.1(2)(a) of the Act is replaced by the following:
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(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child Insertion start sexual abuse material Insertion end ), 163.1(3) (distribution, etc., of child Insertion start sexual abuse material Insertion end ), 163.1(4) (possession of child Insertion start sexual abuse material Insertion end ) or 163.1(4.1) (accessing child Insertion start sexual abuse material Insertion end ), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon), 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
Consequential Amendments
Replacement of “child pornography”
12 Every reference to “child pornography” is replaced by a reference to “child sexual abuse material” in the following provisions:
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(a) in An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service,
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(i) the title of the Act,
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(ii) sections 1 to 3,
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(iii) section 6, and
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(iv) section 9;
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(b) in the Corrections and Conditional Release Act,
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(i) subparagraph (a)(iv.1) of the definition sexual offence involving a child in subsection 129(9), and
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(ii) paragraph 1(j.1) of Schedule I;
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(c) subparagraph 1(a)(v) of Schedule 1 to the Criminal Records Act;
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(d) subsection 183.5(5) of the National Defence Act, as enacted by section 28 of An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, chapter 15 of the Statutes of Canada, 2019.
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Published under authority of the Speaker of the House of Commons
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