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Summary Update on Status of Federal Legislation

 (Current as of June 11, 2007)

 

Justice Bills which are before Parliament

Bill C-10 - An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This enactment, as originally introduced, amends the Criminal Code to provide for escalating minimum penalties for eight serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization; and to provide for escalating minimum penalties for other firearm-related offences; and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

The Bill was introduced in the House on May 4, 2006.  The House Standing Committee on Justice and Human Rights reviewed the Bill over several days and tabled its report with amendments on February 21, 2007.  Further amendments were made at Report Stage.  The Bill passed Third Reading in the House on May 29, 2007.  The Bill received  First Reading in the Senate on May 30, 2007.   

 

Bill C-18 - An Act to amend certain Acts in relation to DNA identification

This enactment amends the Criminal Code, the DNA Identification Act and the National Defence Act to facilitate the implementation of An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act.  The enactment makes certain technical changes to those Acts.

The Bill was introduced in the House of Commons on June 8, 2006 and was referred to the House Standing Committee on Justice and Human Rights on October 4, 2006.  The Committee held three meetings on the Bill.  The Bill was reported back to the House of Commons without amendment on March 2, 2007.  The Bill was amended at Report Stage on March 28, 2007 and referred to the Senate. The Bill was first read in the Senate on March 29, 2007 and passed Second Reading in the Senate and referred to the Legal and Constitutional Affairs committee on May 9, 2007.  The Committee held a meeting on June 7, 2007 and is anticipated to hold one more meeting on June 13 and proceed to clause by clause analysis on June 14.

 

Bill C-22 - An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act

This enactment amends the Criminal Code to raise the age, from 14 to 16 years, at which a person can consent to non-exploitative sexual activity. It also creates certain exceptions. 

The Bill was introduced in the House of Commons on June 22, 2006 and was referred to the House Standing Committee on Justice and Human Rights on October 30, 2006. The Committee commenced its review of the Bill on March 21, 2007. The Committee reported the bill with an amendment to the House of Commons on April 23, 2007.  The Bill received Third Reading in the House and was referred to the Senate on May 4, 2007.  The Bill is currently at Second Reading in the Senate.

 

Bill C-23 - An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments)

 

This enactment amends various provisions of the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters.

The Bill was introduced in the House of Commons on June 22, 2006 and was referred to the House Standing Committee on Justice and Human Rights on October 16, 2006.  The Committee held a number of meetings and reported the Bill back to the House, with amendments, on June 4.  

 

Bill C-27 - An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace)

This enactment amends the dangerous offender and long-term offender provisions of the Criminal Code.

The Bill was introduced in the House of Commons on October 17, 2006.  The Bill was debated at second reading on October 30 and 31, November 9, 2006 and February 14, 2007 and was referred to a legislative committee on May 4.  The Committee has held a number of meetings and more are scheduled.  

 

Bill C-32 - An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts

This enactment amends the Criminal Code  to create an offence of operating a motor vehicle while in possession of a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act; to authorize specially trained peace officers to conduct tests to determine whether a person is impaired by a drug or a combination of alcohol and a drug; to authorize the taking of bodily fluids to test for the presence of alcohol or a drug; to create an offence of operating a motor vehicle with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood and causing bodily harm or death to another person; to clarify what evidence a person accused of driving with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood can introduce to raise a doubt that they were not committing the offence; to create an offence of refusing to provide a breath sample when the accused knows or ought to know that the accused’s operation of a motor vehicle caused an accident resulting in bodily harm to another person or death; and to increase the penalties for impaired driving.  The enactment also makes consequential amendments to other Acts.

The Bill was introduced in the House of Commons and read the first time on November 21, 2006.  The Bill received Second Reading in the House on January 30 and February 6, 2007 and was referred to the House Standing Committee on Justice and Human rights on February 6, 2007.   The Committee has held a number of meetings and has tentatively scheduled clause by clause for June 19, 2007.  

 

Bill C-35 - An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences)

This enactment amends the Criminal Code to provide that the accused will be required to demonstrate, when charged with certain serious offences involving firearms or other regulated weapons, that pre-trial detention is not justified in their case and to introduce additional factors relating to firearm offences that the courts must take into account in deciding whether an accused should be released or detained pending trial.

The Bill was introduced in the House of Commons and read the first time on November 23, 2006.  Second Reading in the House occurred on February 13th and March 23rd, 2007.  The Bill was referred to a Legislative Committee on March 27, 2007.   The Committee held a number of meetings and tabled a report without amendments on May 30, 2007.  The Bill passed Third Reading in the House and was referred to the Senate on June 5, 2007.  The Bill received first reading in the Senate on June 5, 2007. 

 

Bill C-59 - An Act to amend the Criminal Code (unauthorized recording of a movie)

 This enactment amends the Criminal Code to prohibit the unauthorized recording of a movie in a movie theatre (camcording).

 The Bill was introduced in the House of Commons and read the first time on June 1, 2007. 

 

JUSTICE BILLS WHICH HAVE RECEIVED ROYAL ASSENT THIS SESSION

Bill C-9 - An Act to amend the Criminal Code (conditional sentence of imprisonment)

This enactment prohibits conditional sentences for serious personal injury offences, terrorism offences and organized crime offences prosecuted by way of indictment for which the maximum term of imprisonment is ten years. It received Royal Assent on May 31, 2007.

 

Bill C-17 - An Act to amend the Judges Act and certain other Acts in relation to courts

This enactment addresses judicial salaries and allowances, judicial annuities and other benefits.  It received Royal Assent on December 14, 2006.

 

Bill C-19 - An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act

This enactment amends the Criminal Code to create an offence of street racing based on dangerous driving and criminal negligence offences.  This enactment increases, in street racing situations, the maximum punishments for some offences and also provides for minimum prohibitions on driving that increase on a second and subsequent offence.  This enactment also makes a consequential amendment to the Corrections and Conditional Release Act.  The Bill received Royal Assent on December 14, 2006.

 

Bill C-26 - An Act to amend the Criminal Code (criminal interest rate)

This enactment amends the Criminal Code by exempting persons from the application of section 347 of that Act in respect of agreements for small, short-term loans (“Pay Day Loans”). The exemption applies to persons who are licensed or otherwise authorized to enter into such agreements by designated provinces that have legislative measures that protect recipients of payday loans and that specify a limit on the total cost of those loans.  The Bill received Royal Assent on May 3, 2007.

 

Bill C-48 - An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption

This enactment introduced technical amendments to the Criminal Code that will allow Canada to ratify and implement the United Nations Convention Against Corruption. It clarifies that corruption offences in the Criminal Code can be committed directly or indirectly, and whether the benefit is conferred on an official or another person for the benefit of the official. It also provides for the forfeiture of instruments used in the commission of an offence of bribery of foreign public officials and amends the definition of "official" that applies to corruption offences in section 118 of the Criminal Code, to clarify that it includes a person "elected" to discharge a public duty.  The Bill received Royal Assent on May 31, 2007.

 

OTHER LEGISLATION OF PARTICULAR INTEREST TO JUSTICE

 

LEGISLATION INTRODUCED BY THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

Bill C-12  - An Act to provide for Emergency Management and to amend and repeal certain acts

 This enactment provides for a national emergency management system.

 The Bill was introduced in the House of Commons on May 8, 2006.  The Bill was read the third time and passed by the House of Commons on December 11, 2006

 Second Reading debate in the Senate on the Bill occurred on March 1 and 28, 2007. The Bill was referred to the Special Senate Committee on the Anti-Terrorism Act on March 28, 2007.  The Committee held several meetings and reported the Act back to the Senate on June 5.  The Bill received Third Reading in the Senate on June 6.

           

Bill C-21 - An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted)

 This enactment amends the Criminal Code and the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms.

 The Bill was introduced and read for the first time in the House of Commons on June 19, 2006.  

 

BILLS OF INTEREST TO JUSTICE WHICH HAVE RECEIVED ROYAL ASSENT

 

Bill C-2 -  An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability (the Federal Accountability Act which includes the Director of Public Prosecutions Act which creates the office of the Director of Public Prosecutions)(introduced by the President of the Treasury Board)

This enactment received Royal Assent on December 12, 2006.  The Director of Public Prosecutions Act came into force on the same day, creating an independent Office of the Director of Public Prosecutions (ODPP), which reports to Parliament through the Attorney General of Canada.

 

Bill C-25 - An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act (introduced by the Minister of Finance)

This enactment amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, inter alia, enhance the client identification, record-keeping and reporting measures applicable to financial institutions and intermediaries. It establishes a registration regime for money services businesses and foreign exchange dealers and creates a new offence for not registering.  It allows for certain disclosures of information. It creates an administrative monetary penalty regime.  The Bill received Royal Assent on December 14, 2006. 

 

Bill S-3 - Sex Offender Information Registration Act

This enactment amends the National Defence Act to create a scheme that requires offenders who have committed service offences of a sexual nature to provide information for registration in a national database under the Sex Offender Information Registration Act.  It also makes certain amendments to the Criminal Code and the Sex Offender Information Registration Act to enhance the administration and enforcement of the current registration scheme for sex offender information.  The Bill received Royal Assent on March 29, 2007.

 

PRIVATE MEMBERS’ BUSINESS OF INTEREST TO JUSTICE

(Note:  Private Members’ Business is subject to its own procedure.  The following is a list of Private Members’ Bills, their title, their sponsor and their status as of June 8, 2007.  More information on these matters can be obtained from http://www.parl.gc.ca/LEGISINFO.)

 

Private Members’ Business which originates in the House of Commons:

Bill C-277 - An Act to amend the Criminal Code (luring a child)
Mr. Fast (Abbotsford)

This Bill received Third Reading in the Senate on June 6, 2007.

Bill C-279 - An Act to amend the DNA Identification Act (establishment of indexes)
Mr. Wallace (Burlington)

This Bill was studied by the Public Safety and National Security Committee of the House of Commons whose report was tabled, with amendments, on April 30, 2007.  Third Reading is scheduled to commence on June 13, 2007.

Bill C-299 - An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud)
Mr. Rajotte (Edmonton—Leduc)

This Bill received First Reading in the Senate on May 9, 2007.

 

Bill C-343 - An Act to amend the Criminal Code (motor vehicle theft)
Mr. Scheer (Regina—Qu'Appelle)

This Bill was referred to the House of Commons Standing Committee on Justice and Human Rights on May 2, 2007.

 

Bill C-376 - An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts
Mr. Cannan (Kelowna—Lake Country)

This Bill is at Second Reading in the House of Commons. 

 

Bill C-423 - An Act to amend the Youth Criminal Justice Act (treatment for substance abuse)
Mr. Lake (Edmonton—Mill Woods—Beaumont)

This Bill is at Second Reading in the House of Commons.

 

Bill C-426 -  An Act to amend the Canada Evidence Act (protection of journalistic sources and search warrants)
Mr. Ménard (Marc-Aurèle-Fortin)

This Bill is at Second Reading in the House of Commons.

 

Bill C-428 - An Act to amend the Controlled Drugs and Substances Act (methamphetamine)
Mr Warkentin (Peace River)

This Bill is at Second Reading in the House of Commons

Motions

M-302 Linguistic rights

Mr. Lemieux (Glengarry- Prescott-Russell)

This motion was tabled on April 23, 2007 and is scheduled to be debated after the summer recess.  

 

M-315 - To Extend property rights of Canadians
Mr. Allison (Niagara West—Glanbrook)

The first hour of debate on this motion was held on May 17, 2007 and will continue for one hour after the summer recess.

 

M-322  Court Challenges Program
Mr. Dion (Saint-Laurent—Cartierville)

This motion was placed in the Order of Precedence on April 20, 2007.  The motion has been deemed to be non-votable.  Debate on the motion is scheduled for after the summer recess.

 

Private Members’ Business which originates in the Senate

S-202 - An Act to repeal legislation that has not come into force within ten years of receiving royal assent (Senator Banks)

This Bill has been passed by the Senate and is now in the House of Commons where it has been referred to the Justice and Human Rights Committee for study.

 


S-206 - An Act to amend the Criminal Code (suicide bombings) (Senator Grafstein)

This Bill was referred to the Senate Standing Committee on Legal and Constitutional Affairs on October 31, 2006.

 

S-207 - An Act to amend the Criminal Code (protection of children) (Senator Hervieux-Payette)

This bill was referred to the Senate Human Rights Committee on December 14, 2006.  The Committee held a hearing on June 4, 2007 and has scheduled future meetings on the Bill.

 

S-211 - An Act to amend the Criminal Code (lottery schemes) (Senator Lapointe)

This Bill has passed the Senate and was referred to the House Justice and Human Rights Committee on February 21, 2007. 

 

S-213 - An Act to amend the Criminal Code (cruelty to animals) (Senator Bryden)

This Bill has passed the Senate and was referred to the House of Commons Justice and Human Rights Committee on April 25, 2007.

 

S-216  - An Act providing for the Crown's recognition of self-governing First Nations of Canada
(Senator St. Germain)

This Bill was referred to the Aboriginal Peoples Committee on December 13, 2006.  Committee hearings were held February 27 and 28 and April 25, 2007.

 

S-218  An Act to amend the State Immunity Act and the Criminal Code (civil remedies for victims of terrorism)  (Senator Tkachuk)

This Bill has been referred to the Senate Legal and Constitutional Affairs Committee on November 2, 2006.

 

S-219  An Act to amend the Parliamentary Employment and Staff Relations Act (Senator Joyal)

This Bill has been referred to the Rules, Procedures and Rights of Parliament Committee on May 31, 2007.  

 

S-222  An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures, in order to provide assistance and protection to victims of human trafficking
(Senator Phalen)

This Act received Second Reading in the Senate on February 6, March 20 and 27 and May 15 and 29, 2007.  

 

S-223  An Act to amend the Access to Information Act (Senator Milne)

This Bill was debated at Second Reading in the Senate on March 1, May 8 and 15, 2007. 

 

For detailed information on all bills (text of the bill, details on legislative process, etc), consult http://www.parl.gc.ca/LEGISINFO.