2nd Session, 36th Parliament,
48 Elizabeth II, 1999

THE SENATE OF CANADA

BILL S-6

An Act to amend the Criminal Code respecting criminal harassment and other related matters

Summary

This enactment increases the maximum penalties for the offences of criminal harassment, indecent and harassing telephone calls and intimidation.

It would also bring the offence of criminal harassment within the definition of "serious personal injury offence" in section 752 of the Criminal Code in order to permit dangerous offender applications to be made in respect of it.

The enactment would also list criminal harassment as an offence for which long-term offender applications may be made.

Explanatory Note(s)

Clause 1: Paragraphs 264(3)(a) and (b) read as follows:

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Clause 2: (1) Subsection 372(2) reads as follows:

(2) Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.

(2) Subsection 372(3) reads as follows:

(3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.

Clause 3: The relevant portion of subsection 423(1) reads as follows:

is guilty of an offence punishable on summary conviction.

Clause 4: Paragraph 752(b) reads as follows:

(b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).

Clause 5: Paragraph 753.1(2)(a) reads as follows:

(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and