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Michelle Ferreri
- Feb/26/24 11:16:24 a.m.
- Watch
Motion No. 1
That Bill S-205, in Clause 1, be amended
(a) by replacing lines 4 to 17 on page 1 with the following:
“1 (1) Section 515 of the Act is amended by adding the following after subsection (3):
(3.1) Before making an order under subsection (2) in respect of an accused who is charged with an offence in the commission of which violence was used, threatened or attempted against the accused’s intimate partner, the justice must ask the prosecutor whether the intimate partner of the accused has been consulted about their safety and security needs.
(2) Subsection 515(4) of the Act is amended by adding the following after paragraph (e):
(e.1) wear an electronic monitoring device, if the Attorney General makes the request;
(2.1) Subsection 515(4.2) of the Act is amended by adding “or” at the end of paragraph (a.1) and by repealing paragraph (a.2).
(3) Paragraph 515(6)(b.1) of the Act is replaced by”; and
(b) by replacing line 1 on page 2 with the following:
“(4) The Act is amended by adding the following”
Motion No. 2
That Bill S-205, in Clause 2, be amended
(a) by replacing lines 9 to 12 on page 2 with the following:
“810.03 (1) A person who fears on reasonable grounds that their intimate partner will commit an offence that will cause personal injury to them, to their child or to a child of that intimate partner may lay an information”;
(b) by replacing lines 32 and 33 on page 2 with the following:
“(5) An order under either subsection (3) or (4) must be made in a timely manner.
(6) The provincial court judge may commit the defen-”;
(c) by replacing line 1 on page 3 with the following:
“(7) The provincial court judge may add any reasonable”;
(d) by replacing lines 4 and 5 on page 3 with the following:
“or to secure the safety and security of the informant, their child or a child of the defendant, including condi-”;
(e) by replacing line 20 on page 3 with the following:
“rectly, with the informant, a child of the informant or”;
(f) by replacing lines 1 to 5 on page 4 with the following:
“(8) The informant may provide submissions in writing on the conditions that the judge may add to the recognizance under subsection (7).
(9) The provincial court judge shall consider whether it is desirable, in the interests of the informant’s safety or”;
(g) by replacing lines 14 and 15 on page 4 with the following:
“(10) If the provincial court judge adds a condition described in subsection (9) to a recognizance, the judge”;
(h) by replacing lines 22 and 23 on page 4 with the following:
“(11) If the provincial court judge does not add a condition described in subsection (9) to a recognizance, the”;
(i) by replacing lines 26 and 27 on page 4 with the following:
“(12) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in”;
(j) by replacing lines 29 to 31 on page 4 with the following:
“(13) When the defendant makes an application under subsection (12), the provincial court judge must, before varying any conditions, consult the informant about their”; and
(k) by replacing line 33 on page 4 with the following:
“(14) A warrant of committal to prison for failure or re-”
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Motion No. 3
That Bill S-205, in Clause 2, be amended by replacing, in the English version, lines 15 and 16 on page 2 with the following:
“under subsection (1) may cause the informant and the person who is the subject of the information to appear”
Motion No. 4
That Bill S-205, in Clause 2, be amended
(a) by replacing line 23 on page 2 with the following:
“not more than two years.”;
(b) by replacing line 30 on page 2 with the following:
“into the recognizance for a period of not more than three”; and
(c) by replacing line 35 on page 2 with the following:
“dant to prison for a term not exceeding two years if the”
Motion No. 5
That Bill S-205, in Clause 2, be amended
(a) by replacing lines 24 and 25 on page 3 with the following:
“(f) to refrain from using social media;
(g) to abstain from the consumption of drugs — ex-”;
(b) by replacing line 28 on page 3 with the following:
“(h) to provide, for the purpose of analysis, a sample of”; and
c) by replacing line 38 on page 3 with the following:
“(i) to provide, for the purpose of analysis, a sample of”
Motion No. 6
That Bill S-205, in Clause 3, be amended
(a) by replacing line 10 on page 5 with the following:
“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(h),”;
(b) by replacing line 15 on page 5 with the following:
“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(i), 810.1(3.02)(i)”; and
(c) by replacing line 2 on page 6 with the following:
“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(i), 810.1(3.02)(i) or”
Motion No. 7
That Bill S-205, in Clause 6, be amended by replacing lines 34 and 35 on page 7 with the following:
“directly, with the informant, the informant’s child or any relative or close friend of the informant,”
Motion No. 8
That Bill S-205, in Clause 6, be amended by replacing lines 39 and 40 on page 7 with the following:
“(e.3) refrains from using social media (section 801.03 of the Criminal Code);”
Motion No. 9
That Bill S-205, in Clause 7, be amended by replacing line 13 on page 8 with the following:
“810.01(4.1)(g), 810.03(7)(i), 810.011(6)(f), 810.1(3.02)(i) and”
Motion No. 10
That Bill S-205, in Clause 8, be amended by replacing lines 18 to 21 on page 8 with the following:
“fears on reasonable grounds that their intimate partner will commit an offence that will cause personal injury to them, to their child or to a child of that intimate partner, and a provincial”
Motion No. 11
That Bill S-205, in Clause 10.1, be amended by replacing, in subclause (2), the word “810.03(7)“ with the following:
“810.03(9)”
Motion No. 12
That Bill S-205, in Clause 10.1, be amended by replacing, in subclause (2), the words “the intimate partner’s safety” with the following:
“the informant’s safety”
1189 words
- Hear!
- Rabble!
Michelle Ferreri
- Feb/26/24 11:30:01 a.m.
- Watch
- Re: Bill S-205
If my abuser had been required to wear an electronic bracelet under a recognizance order pursuant to section 810 of the Criminal Code, as proposed in Senator Boisvenu's bill, my children and I would have been safer and I wouldn't have had to go through these attempted murders. Believe me, you don't emerge unhurt from an attempted murder. You suffer the after-effects for life.
I am asking the House of Commons, the Prime Minister of Canada, the Minister of Justice, the judges, all the provinces of Canada and the members to pass and enforce this new bill. It should be adopted immediately, without any amendments.
It's very urgent. To conclude, I'd like to add that we have a right to live peacefully and safely under the law in our country.
Over the past 20 years, I've worked with hundreds of women who needed help. There is no way to hide them. Men can track them down at their place of work or through their family. They can follow children to school or to their friends' homes. The man will never stop stalking them, following them, harassing them and harming them. Until an electronic bracelet is required, women and their children will never be protected. Electronic bracelets may not be perfect, but that's all we have for the time being. We have no protection. That's why we are asking you, on behalf of all women, to pass the bill [unamended].
1485 words
- Hear!
- Rabble!