Bill C-16: Femicide, Criminal Harassment, & Victim’s Rights
The federal government has tabled a bill which would amend the Criminal Code to add an offence of femicide, amend the criminal harassment offence, and add to victim’s rights.
Bill C-16 would create an offence of femicide. The Criminal Code would be amended to state that murder is considered to be first-degree when it involves:
Coercive control;
Hate;
Sexual violence; or
Human trafficking.
The offence would be defined as femicide when the victim is a woman.
The new offence would read as follows:
Femicide, including of intimate partner, and other aggravated circumstances
(5.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person
(a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner;
(b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04;
(c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or
(d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
See the earlier blog, Bill C-16: Criminalizing Coercive Control for more details on what the coercive control offence would entail.
Bill C-16 would amend the criminal harassment offence. Currently, to be convicted of criminal harassment, the offender has to engage in conduct that would cause the victim to fear for their safety. Typically, the victim would need to testify to prove they feared for their safety.
Criminal harassment
264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
The bill would amend this, instead requiring that a reasonable person in the victim’s circumstances would fear for their safety. The amended provision would read as follows:
Criminal Harassment
264(1) Everyone commits an offence who, with intent to harass another person or being reckless as to whether they could be harassing another person, engages without lawful authority in conduct, referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened.
The criminal harassment provision would also be amended to clarify that criminal harassment includes harassing conduct through modern technology, such as electronic monitoring.
Bill C-16 would add to victim’s rights. Bill C-16 would amend the Canadian Bill of Victim’s Rights to add the following rights to:
Be treated with respect, compassion, and fairness;
Have their interests considered in timely resolution of matters;
Receive information without having to make a request; and
Receive information on victim’s rights and protection measures.
The bill would also clarify rights to testimonial aids:
Adds entitlement to testimonial aid when offence involves intimate partner violence, sexual offences, human trafficking, and criminal harassment; and
Clarifies right to request support animal when testify.
Lastly, the bill would specify a victim’s right to be consulted on whether they would like their identity protected through a publication ban.