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Decentralized Democracy

Bill S-12

44th Parl. 1st Sess.
October 26, 2023
  • The Senate of Canada has passed Bill S-12 which amends the Criminal Code, the Sex Offender Information Registration Act, and the International Transfer of Offenders Act. The changes require compliance with registration for persons convicted of a sexual offence against a child or multiple sexual offences, unless a court deems it inappropriate. Peace officers are authorized to obtain warrants and arrest violators. Additionally, changes require sentencing courts to inquire if the victim wants information about their offender's sentence and provide their contact information to the corrections service if applicable. The bill also codifies the process for modifying and revoking publication bans.
  • H1
  • H2
  • H3
  • S1
  • S2
  • S3
  • RA
  • Yea (314)
  • Nay
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SteelmanSpren in Favour

  • One steelman argument in favor of Bill S-12 could be that it is necessary to protect vulnerable populations, particularly children, from sexual offenses. By requiring compliance with the Sex Offender Information Registration Act for persons convicted of sexual offenses against children and for those who have multiple sexual offense convictions, the bill ensures that these individuals are monitored and their information is easily accessible to relevant authorities to prevent future offenses. Additionally, the requirement for sentencing courts to inquire into the victim's desire to receive information about the offender's sentence administration shows consideration for the victim and gives them agency in their own healing process. Overall, while some may argue that this bill infringes on the rights of those convicted of sexual offenses, its primary purpose is to protect victims and prevent future harm.

SteelmanSpren Against

  • One potential steelman argument opposing this bill could be that it punishes individuals who have already served their time and completed their sentences. This can create a "double punishment" effect that is not fair or just. Additionally, the bill relies heavily on registration as a tool to monitor and control offenders, which may not be an effective strategy for reducing recidivism. Instead, resources should be allocated towards supportive and rehabilitative measures that address the root causes of offending behavior. Furthermore, the bill may contribute to a culture of stigma and fear surrounding sex offenders, which can lead to further harm and discrimination against this already vulnerable population.
  • Oct. 26, 2023, 2 p.m.
  • Read
  • Oct. 26, 2023, 2 p.m.
  • Passed
  • Oct. 25, 2023, 2 p.m.
  • Passed

House Committee

44th Parl. 1st Sess.
October 23, 2023
  • 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.
  • Hear!
  • Rabble!
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House Committee

44th Parl. 1st Sess.
October 19, 2023
  • Hear!
  • Rabble!
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House Committee

44th Parl. 1st Sess.
October 17, 2023
  • Hear!
  • Rabble!
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House Motion No. 417

44th Parl. 1st Sess.
Oct. 5, 2023, 3:15 p.m.
  • Hear!
  • Rabble!
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House Committee

44th Parl. 1st Sess.
October 05, 2023
  • Hear!
  • Rabble!
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House Committee

44th Parl. 1st Sess.
October 03, 2023
  • Hear!
  • Rabble!
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