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JUST Committee Report

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Bill S-12, An Act to Amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act
In accordance with its Order of Reference of Thursday, October 5, 2023, your committee has considered Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, and agreed on Thursday, October 19, 2023, to report it with the following amendments:

Clause 2

That Bill S-12, in Clause 2, be amended by replacing lines 26 to 30 on page 2 with the following:

“(a) informed the witnesses and the victim who are the subject of the order of its existence;”

That Bill S-12, in Clause 2, be amended by replacing, in the English version, line 2 on page 3 with the following:

“who is the subject of the order and is about that person”

That Bill S-12, in Clause 2, be amended by replacing line 7 on page 3 with the following:

“an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.”

That Bill S-12, in Clause 2, be amended by replacing line 13 on page 3 with the following:

“make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.”

Clause 3

That Bill S-12, in Clause 3, be amended by replacing, in the English version, line 23 on page 3 with the following:

“who is the subject of the order and is about that person”

That Bill S-12, in Clause 3, be amended by replacing line 28 on page 3 with the following:

“an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.”

That Bill S-12, in Clause 3, be amended by replacing line 33 on page 3 with the following:

“to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim, or witness or justice system participant.”

That Bill S-12, in Clause 3, be amended by replacing lines 25 to 27 on page 4 with the following:

“istence;”

Clause 4

That Bill S-12, in Clause 4, be amended by

(a) replacing lines 14 and 15 on page 5 with the following:

“do so may affect the privacy interests of any person who is the subject of any order prohibit-”

(b) replacing line 22 on page 5 with the following:

“person who is the subject of any”

Clause 32.1

Clause 32.1 is deleted.

New Clause 48.1

That Bill S-12 be amended by adding after line 2 on page 49 the following:

“48.1 (1) Subsections (2) to (4) apply if Bill C- 291, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) (in this section referred to as the “other Act”), receives royal assent.

(2) If section 8 of the other Act comes into force before subsection 6(2) of this Act, then subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Criminal Code is replaced by the following:

(xi) section 163.1 (child sexual abuse and exploitation material),

(3) If subsection 6(2) of this Act comes into force before section 8 of the other Act, then that section 8 is replaced by the following:

8 Subparagraph (a)(xi) of the definition “primary offence” in subsection 490.011(1) of the Act is replaced by the following:

(xi) section 163.1 (child sexual abuse and exploitation material),

(4) If section 8 of the other Act comes into force on the same day as subsection 6(2) of this Act, then that section 8 is deemed to have come into force before that subsection 6(2) and subsection (2) applies as a consequence.”

A copy of the relevant Minutes of Proceedings (Meetings Nos. 76 to 78) is tabled.