BACKGROUNDER
Highlights of the Omnibus Bill

The omnibus bill introduced today in the House of Commons includes amendments to the Criminal Code relating to personal security and makes other changes to improve the efficiency and effectiveness of the justice system.

Home Invasions

The term "home invasion" is generally used to describe a robbery or break and enter of a private residence when the perpetrator forces entry while the occupants are home, and threatens to use or uses violence against the occupants. The Criminal Code offences most commonly used to address home invasions are robbery and break and enter of a dwelling house, both of which carry a maximum penalty of life imprisonment.

The new amendment will specifically identify home invasion as an aggravating circumstance to be considered by the judge at the time of sentencing. This amendment will provide judges with clear direction that the Government of Canada views home invasions as serious criminal conduct that should be met with significant penalties.

Criminal Harassment

The criminal harassment amendment supports a commitment made by Minister McLellan to the provinces and territories to ensure that the maximum sentence adequately reflects the serious nature and impact of this type of conduct. The amendment will double the maximum sentence for criminal harassment from five to ten years imprisonment. To provide practical guidelines to police, prosecutors and other criminal justice personnel who deal with criminal harassment cases, the Government of Canada, with provincial and territorial partners, has also released A Handbook for Police and Crown Prosecutors on Criminal Harassment. Together, the amendment and handbook will strengthen the criminal justice system's response to criminal harassment.

Conviction Review (section 690)

The omnibus bill also includes amendments to the section of the Criminal Code that deals with the investigation of allegations of wrongful conviction. Currently, section 690 permits people who believe they have been wrongly convicted of an indictable offence or sentenced under the dangerous or long-term offender provisions to apply for a review of the case by the Minister. The bill will create a new part of the Criminal Code containing new sections (696.1-696.6) that will:

• clearly state when a person is eligible for a review;
• specify the criteria under which a remedy may be granted;
• explain in regulations the process of review and how one applies for a review;
• expand the Minister's power, which had previously been limited to convictions by indictment and dangerous and long-term offender designations, to include the review of summary convictions; and
• provide investigative powers to those investigating cases on behalf of the Minister, allowing, for the first time, investigators to compel witnesses to testify and documents to be produced.

To make the conviction review process more open and accountable, the Minister of Justice will also provide an annual report to Parliament and a Web site will be created to give applicants information on the process.

The Minister is introducing the reforms after extensive consultations with the provinces, territories, legal community and general public, which included the release of a consultation paper in October 1998. In response to calls to establish an independent body to review these cases in Canada, Minister McLellan also reviewed the Criminal Cases Review Commission set up in Great Britain and met with British officials. The Minister concluded that the British model would not be the appropriate model for Canada. The British experience bears little resemblance to that of Canada -- the number of applications and the manner in which crimes are investigated and prosecuted are very different in each country. However, today's reforms include the adoption of some of the British features that would be effective in Canada such as the use of investigators, a Web site, an annual report and review of summary convictions.

The appointment of a senior person from outside the Department to advise the Minister directly and oversee the review of applications will do much to enhance the timely and open review of these cases, and provide greater independence from the Department.

Criminal Procedure Reform

Amendments to the Criminal Code to modernize the criminal justice system and manage resources more efficiently and effectively have been developed in partnership with the provinces and territories and in consultation with the legal community generally. These amendments include:

Amendments to Other Acts

• Fingerprinting: The National Defence Act will be amended to allow fingerprinting of persons charged with or convicted by court martial of designated service offences. The information will be retained and made available in the Canadian Police Information Centre (CPIC) system managed by the RCMP. This proposed amendment would more closely align military justice with current civilian criminal law enforcement processes in a way that will enhance public safety and confidence in the military justice system.
• National Capital Act: To make it consistent with other federal legislation and regulations, the maximum fine available for offences in regulations under the National Capital Act will increase from $500 to $2000. The types of offences that this amendment will target are serious offences such as poaching of large game and illegal dumping of waste.

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Department of Justice
June 2000