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Family Violence Initiative
Laws
In Canada, the Government of Canada has the constitutional authority to make
laws in relation to criminal law and procedure. As a result, the Criminal
Code applies to all Canadians. The provinces, however, prosecute most Criminal
Code offences, but Justice Canada carries out prosecutions under all
other federal laws, including drug offences. In the territories, Justice
Canada conducts all criminal prosecutions, including those under the Criminal
Code.
What Federal Legislation Addresses Family Violence in Canada?
Family violence is against the law in Canada. Although the Criminal Code does
not refer to any specific "family violence offence," an abuser can
be charged with an applicable offence. Criminal charges could include:
- sexual offences against children and youth (ss. 151, 152, 153, 155 and
170-172)
- trespassing at night (s. 177)
- child pornography (s. 163.1)
- failure to provide necessaries of life and abandoning child (ss. 215 and
218)
- criminal negligence (including negligence causing bodily harm and death)
(ss. 219-221)
- homicide - murder, attempted murder, infanticide and manslaughter (ss.
229-231 and 235)
- criminal harassment (sometimes called "stalking") (s. 264)
- uttering threats (s. 264.1)
- assault (causing bodily harm, with a weapon and aggravated assault) (ss.
265-268)
- sexual assault (causing bodily harm, with a weapon & aggravated sexual
assault) (ss. 271-273)
- kidnapping & forcible confinement (ss. 279 and 279.1)
- abduction of a young person (ss. 280-283)
- making indecent & harassing phone calls (s. 372)
- mischief (s. 430)
- intimidation (s. 423)
- breach of a court order, recognizance (peace bond), & probation order
(ss.145(3), 127, 811, and 733.1)
Legislative Reforms
In recent years, several changes have been made to the Criminal Code to improve
the ability of the criminal justice laws to address family violence:
Bill |
Proclaimed into force |
Changes to the Law |
Bill C-2 |
November 1, 2005 and January 2, 2006 (except s. 28) |
This Bill provides amendments to the Criminal Code and
the Canada Evidence Act to:
- strengthen child pornography provisions, by increasing
penalties, prohibiting advertising, broadening the definition and
creating a clearer, narrower, harm-based “legitimate purpose” defence
- create a new offence against sexual exploitation of youth (aged
14-18) to better protect youth against those who would prey on their
vulnerability
- increase penalties for child-specific offences involving
abuse, neglect or being exploited for sexual purposes, including
imposing mandatory minimum sentences for specific sexual offences
against children
- facilitate the testimony of child victims and witnesses under
18 years of age and other vulnerable victims and witnesses by providing
a clearer and more consistent test for the use of aids such as screens,
closed-circuit television and support persons
- create a new test to enable children under 14 years to testify
in any proceeding where they are able to understand and respond to
questions and after they have promised to tell the truth
- protect against spousal violence by facilitating the criminal law
enforcement of breaches of civil restraining orders
- establish new voyeurism offences prohibiting
the secret viewing or recording of another person when there is a
reasonable expectation of privacy in three specific situations and
prohibiting the intentional distribution of a voyeuristic recording
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Bill C-15A |
July 23, 2002 |
- amended the Criminal Code to increase the maximum penalty
for criminal harassment from 5 to 10 years. It also
included measures to better protect children from being exploited sexually
by criminalizing several specific actions, including luring children
on the Internet (known as "Internet luring");
transmitting, making available, or exporting child pornography on the
Internet; or intentionally accessing child pornography on the
Internet. Sentencing
provisions were also to be strengthened. In addition, Bill C-15A included
measures to make it easier to prosecute people involved in child
sex tourism.
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Bill C-79 |
December 1, 1999 |
- amended the Criminal Code to facilitate the participation of victims
and witnesses in the criminal justice process. Measures
were put in place to prevent victims from being re-victimized by
the system. For example, bail decisions must take the safety of victims
into account, and publication bans are now permitted to protect the
identity of any victim or witness.
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Bill C-27 |
May 26, 1997 |
- amended the Criminal Code to strengthen the criminal harassment (stalking)
provisions. This included making murder, committed while stalking a
victim, a first-degree murder, where the murderer intended to instil
fear for the victim's safety. The Bill also requires the courts
to take the breach of a protective court order into account as an aggravating
factor in sentencing an offender for criminal harassment. Bill C-27
also amended the Criminal Code provisions on child sex tourism, and
clarified that female genital mutilation is prohibited
in Canada.
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Bill C-41 |
September 3, 1996 |
- amended the Criminal Code to require the courts to take into account
the abuse of a spouse or a child as an aggravating factor in
sentencing an offender for an offence. Spouses and children
can also seek restitution from the offender for the expenses they incurred
because they had to leave their home to avoid being harmed.
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Bill C-42 |
February 1, 1995 |
- amended the Criminal Code to make it easier to obtain peace
bonds (protective orders). Police and others can now apply
for a peace bond for a person at risk of harm. The maximum penalty
for violation of a peace bond was increased from six months to two
years.
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Bill C-126 |
August 1, 1993 |
- created the new anti-stalking offence of criminal harassment.
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Provincial and Territorial Legislation
Provincial and territorial governments make laws in areas of their own jurisdiction,
including providing victims' services. To date, five provinces ( Alberta,
Manitoba, Nova Scotia, Prince Edward Island and Saskatchewan ) and two
territories ( Northwest Territories and Yukon ) have proclaimed specific
legislation on family violence:
- Alberta : Protection
Against Family Violence Act (June 1, 1999)
This
site does not actually contain the Act just information about it.
- Manitoba : Domestic
Violence Stalking, Prevention, Protection and Compensation Act (June
29, 1998)
- Nova Scotia : Domestic
Violence Intervention Act (April 1, 2003
)
- Prince Edward Island's Victims
of Family Violence Act (December 16, 1996)
- Saskatchewan : Victims
of Domestic Violence Act (February 1, 1995)
- Northwest Territories : Protection
Against Family Violence Act (April 1, 2005)
- Yukon Territory's Family Violence Prevention Act (December 11, 1997)
- Newfoundland
and Labrador's Family
Violence Protection Act (July 1, 2006)
These civil statutes are designed to complement protections in the Criminal
Code. They offer further protection to victims of family violence. Civil
measures provided include emergency intervention orders, which may grant
exclusive victim occupation of the home and family vehicle. They may also
restrain the abuser from communicating with or contacting the victim or members
of the victim's family. Some statutes also provide for victims' assistance
orders, which may include monetary compensation from the abuser.
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