SoVote

Decentralized Democracy

House Bill

Bill C-233

44th Parl. 1st Sess.
April 27, 2023
An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner)
  • This bill is called the Violence against Intimate Partners Act. It has been passed by the Canadian Parliament and will come into effect on April 27, 2023. The purpose of this bill is to amend the Criminal Code and the Judges Act to better address violence against intimate partners. Under this bill, if someone is charged with an offense against their intimate partner, a judge must consider whether it is necessary to include a condition in their release order that requires them to wear an electronic monitoring device. This is meant to enhance the safety and security of the victim and other individuals involved. Additionally, the bill establishes continuing education seminars for judges on topics related to intimate partner violence and coercive control in intimate partner and family relationships. This aims to improve judges' understanding of these issues and their ability to handle cases involving violence against intimate partners. T
  • H1
  • H2
  • H3
  • S1
  • S2
  • S3
  • RA
  • Yea (325)
  • Nay
  • star_border

SteelmanSpren in Favour

  • Steelman Argument: The amendment to the Criminal Code requiring the consideration of electronic monitoring devices as a condition of release for accused individuals charged with intimate partner violence serves to prioritize the safety and security of the victims and potentially prevent further harm. The use of electronic monitoring devices can provide an additional layer of protection by allowing law enforcement to track the movements and activities of the accused, making it easier to identify and respond to any potential threats or violations of restraining orders. By mandating judges to attend continuing education seminars on intimate partner violence and coercive control, the amendment also acknowledges the need for judicial training and awareness on these matters. This can contribute to more informed and sensitive decision-making, ensuring that judges have a comprehensive understanding of the dynamics and complexities involved in

SteelmanSpren Against

  • Steelman argument opposing the mentioned act: While the intention to address violence against intimate partners is commendable, this act raises concerns regarding the potential violation of civil liberties. Requiring accused individuals to wear electronic monitoring devices as a condition of their release is a significant infringement on their privacy and presumption of innocence. It assumes guilt before a fair trial and could have adverse consequences for individuals who may be falsely accused. The use of such devices could also create a stigma around those individuals, leading to potential harassment and discrimination. Additionally, there is a risk of misuse and abuse of the collected data, which could be used for purposes beyond ensuring the safety of all parties involved. Instead of focusing solely on surveillance methods, efforts should be made to enhance the investigation and prosecution of intimate partner violence cases throug
Royal Assent
  • April 27, 2023, 2 p.m.
  • Read
Senate Second Reading
  • Feb. 16, 2023, 2 p.m.
  • Passed

Senate Committee

44th Parl. 1st Sess.
February 14, 2023
Legal and Constitutional Affairs (LCJC)
Re. Bill C-233, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner), without amendment …
  • Eleventh Report

  • The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

    ELEVENTH REPORT

    Your committee, to which was referred Bill C-233, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner), has, in obedience to the order of reference of Wednesday, December 14, 2022, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

    Respectfully submitted,

    BRENT COTTER

    Chair

    Observations to the Eleventh Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-233)

    Bill C-233 addresses the importance of education and pro-active responses to address gender-based violence and coercive control. In line with witness testimony regarding the urgency of addressing this issue in our society, this committee urges the government to also invest greater resources in initiatives that enhance financial, social and health supports that help ensure: capacity and resources for emancipatory anti-violence supports, centres, including women’s shelters, financial supports, more responsive and respectful treatment of victims by police and prosecutorial authorities, and effective interventions to interrupt and address misogynist and racist violence, including with aggressors.

    To this end, we encourage the Government of Canada to take greater, urgent action to address violence against women, coercive control and to support victims/survivors of intimate partner and domestic violence by responding, with a view to implementing the outstanding:

    •recommendations of 99 Steps to End Violence Against Women, developed following a series of consultations with women’s groups, anti-violence workers, victims and legal and academic experts conducted by the Department of Justice from 1992-1996;

    •calls for Justice of the Missing and Murdered Indigenous Women and Girls Inquiry;

    •recommendations of the National Action Plan to End Gender-Based Violence.

    The committee has reported in the past about how the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive, or inconsistent, and in need of comprehensive (see for instance, the committee’s 2017 report Delaying Justice is Denying Justice at pp. 41 to 43.) The committee repeats its past recommendation that an independent body should undertake a comprehensive review of the Criminal Code. The newly revived Law Commission of Canada could undertake such a review, which should include a study of all provisions in the Code that pertain to violence against women, particularly intimate partner violence and family violence.

  • Hear!
  • Rabble!
  • star_border
Senate First Reading
  • June 2, 2022, midnight
  • Passed
House Third Reading
  • June 1, 2022, 3:35 p.m.
  • Passed