The Liberal government has introduced comprehensive new legislation aimed at safeguarding victims and survivors of sexual and intimate partner violence, as well as shielding children from predators. Branded as the Protecting Victims Act, the government touts it as a significant overhaul of the Criminal Code, challenging a 2016 Supreme Court ruling that allows for case dismissals due to significant delays.
Under the proposed legislation, penalties for sexual offenses such as the dissemination of intimate images, sexual deepfakes, and engaging in sexual activities with minors would be heightened. Justice Minister Sean Fraser, speaking in Ottawa, emphasized the bill’s focus on shielding at-risk children from exploitation and addressing violence against women, including potentially lethal scenarios.
The Protecting Victims Act seeks to reinstate mandatory minimum sentences that had been deemed unconstitutional by various Canadian courts, citing violations of the Charter’s Section 12 prohibition on cruel and unusual punishment. The legislation aims to address concerns about the rigidity of mandatory minimum sentences and their potential unconstitutionality by offering courts limited discretion in sentencing rare hypothetical cases, potentially bolstering the survival of mandatory minimum sentences in legal challenges.
In instances where imprisonment is necessary for conviction, courts would be permitted to impose lighter sentences under the new legislation while still mandating jail time. However, exceptions apply to severe crimes like murder or treason, where life imprisonment remains the standard penalty. If passed, the legislation would revive all previously invalidated mandatory minimum sentences, excluding those repealed by Parliament.
Bill C-16, part of the Protecting Victims Act, intends to reinstate several mandatory minimum penalties for individuals convicted of various sexual offenses involving children, including the possession or access of child sexual abuse material. These revisions come in response to a recent Supreme Court ruling that declared a one-year mandatory minimum sentence unconstitutional for individuals with hundreds of child abuse images.
The bill also targets online crimes against children, aiming to criminalize threats of distributing child abuse or intimate images. Moreover, it proposes measures to combat sextortion, enhance prosecutions of child sexual exploitation abroad, and target criminal groups that exploit children for illegal activities.
Addressing intimate partner violence, the legislation upgrades hate-motivated murders to first-degree offenses, even in cases lacking premeditation. Femicide cases would be considered first-degree murder if a pattern of abuse or coercive control against the victim can be established, irrespective of premeditation.
Furthermore, the legislation introduces a new offense focusing on patterns of coercive or abusive behavior, allowing intervention before situations escalate to violence. It also updates laws on revenge porn to encompass deepfakes, expanding the scope of illegal distribution of intimate images.
The Protecting Victims Act also aims to tackle trial delays and stays, providing clearer guidelines for courts on handling delays, particularly in sexual assault cases, and setting parameters for defining complex cases. Additionally, it emphasizes alternatives to staying trials that exceed specified time limits.
In response to concerns raised by victims’ advocates, the legislation seeks to enhance victim testimony protections by raising the threshold for accessing a victim’s private records and streamlining access to testimonial aids without prior court approval.
Overall, the Protecting Victims Act represents a multifaceted approach to enhancing legal protections for victims of sexual and intimate partner violence and addressing gaps in the justice system.