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An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner) (S.C. 2023, c. 7)

Assented to 2023-04-27

An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner)

S.C. 2023, c. 7

Assented to 2023-04-27

An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner)

SUMMARY

This enactment amends the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device.

The enactment also amends the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control in intimate partner and family relationships.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46Criminal Code

  •  (1) Subsection 515(4.2) of the Criminal Code is amended by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph:

    • (a.2) that the accused wear an electronic monitoring device, if the Attorney General makes the request; or

  • (2) Paragraph 515(4.3)(c) of the Act is replaced by the following:

    • (c) an offence in the commission of which violence against a person was used, threatened or attempted, including against the accused’s intimate partner; and

R.S., c. J-1Judges Act

 Paragraph 60(2)(b) of the Judges Act is replaced by the following:

  • (b) establish seminars for the continuing education of judges, including seminars on matters related to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships and social context, which includes systemic racism and systemic discrimination;

 The portion of subsection 62.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Report — seminars

  • 62.1 (1) Within 60 days after the end of each calendar year, the Council should submit to the Minister a report on the seminars referred to in paragraph 60(2)(b) on matters related to sexual assault law, intimate partner violence, coercive control in intimate partner and family relationships and social context, which includes systemic racism and systemic discrimination, that were offered in the preceding calendar year. The report should include the following information:

Coming into Force

 This Act comes into force on the 30th day after the day on which it receives royal assent.


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