nav1
nav2
nav3
nav4
nav5
nav6

 

CURRENT
LEGISLATION


 

Reports

PDFCAPB's Response to the Report of the Task Force on Governance and Cultural Change in the RCMP - Rebuilding the Trust

Word DocumentBrief that CAPB presented to the SECU committee on Bill C-391

Word DocumentBrief that CAPB presented on Bill C-43

Advocacy & Legislative Review

Throughout the year, the CAPB makes representation to the federal government on behalf of local police governing authorities. In the past, the CAPB has provided input on issues such as lawful access, non-returnable warrants, cross-border law enforcement, Conducted Energy Weapons (CEWs), gun control, amendments to the Youth Criminal Justice Act, protection of children, law enforcement, criminal liability and strengthening civilian oversight of police.

Every spring the CAPB Board of Directors meets with both the federal Minister of Justice and the Solicitor General of Canada. The meetings provide an opportunity for the CAPB to highlight emerging or ongoing issues about which members have expressed concern. It also gives the Ministers a chance to receive valuable feedback on their initiatives from stakeholders across the country and to share their goals with the CAPB membership.

Current Legislation under review by CAPB Law Reform Committee

Bills Before the House of Commons

Bill Number Bill Title Description Status
C-4PDF An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts (Sébastien's Law (Protecting the Public from Violent Young Offenders)) This enactment amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms "violent offence" and "serious offence", amends the definition "serious violent offence" and repeals the definition "presumptive offence". It also requires police forces to keep records of extrajudicial measures used to deal with young persons. Referred to Committee (June 17, 2010)
C-5PDF An Act to amend the International Transfer of Offenders Act (Keeping Canadians Safe (International Transfer of Offenders) Act) The purpose of this Act is to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. First Reading in the House of Commons (March 18, 2010)
C-11PDF An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act (Balanced Refugee Reform Act) This enactment amends the Immigration and Refugee Protection Act, primarily in respect of the processing of refugee claims referred to the Immigration and Refugee Board. Royal Assent (June 29, 2010)
C-16PDF An Act to amend the Criminal Code (Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act) This enactment amends the Criminal Code to eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years. Second Reading in the House of Commons and Referred to Committee (May 6, 2010)
C-17PDF An Act to amend the Criminal Code (investigative hearing and recognizance with conditions) (Combating Terrorism Act) This enactment replaces sections 83.28 to 83.3 of the Criminal Code to provide for an investigative hearing to gather information for the purposes of an investigation of a terrorism offence and to provide for the imposition of a recognizance with conditions on a person to prevent them from carrying out a terrorist activity. It also provides for those sections to cease to have effect or for the possible extension of their operation. First Reading in the House of Commons (April 23, 2010)
C-21PDF An Act to amend the Criminal Code (sentencing for fraud) (Standing up for Victims of White Collar Crime Act) This enactment amends the Criminal Code to
(a) provide a mandatory minimum sentence of imprisonment for a term of two years for fraud with a value that exceeds one million dollars;
(b) provide additional aggravating factors for sentencing;
(c) create a discretionary prohibition order for offenders convicted of fraud to prevent them from having authority over the money or real property of others;
(d) require consideration of restitution for victims of fraud; and
(e) clarify that the sentencing court may consider community impact statements from a community that has been harmed by the fraud.
First Reading in the House of Commons (May 3, 2010)
C-22PDF An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (Protecting Children from Online Sexual Exploitation Act) This enactment imposes reporting duties on persons who provide an Internet service to the public if they are advised of an Internet address where child pornography may be available to the public or if they have reasonable grounds to believe that their Internet service is being or has been used to commit a child pornography offence. This enactment makes it an offence to fail to comply with the reporting duties. Debate at second reading (May 3, 2010)
C-23APDF An Act to amend the Criminal Records Act This enactment amends the Criminal Code to eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years. Royal Assent (June 29, 2010)
C-23BPDF An Act to amend the Criminal Records Act and to make consequential amendments to other Acts (Eliminating Pardons for Serious Crimes Act) This enactment amends the Criminal Records Act to substitute the term "record suspension" for the term "pardon". It extends the ineligibility periods for applications for a record suspension. It also makes certain offences ineligible for a record suspension and enables the National Parole Board to consider additional factors when deciding whether to order a record suspension. Second Reading in the House of Commons and Referred to Committee (June 14, 2010)
C-29PDF An Act to amend the Personal Information Protection and Electronic Documents Act (Safeguarding Canadians' Personal Information Act) This enactment amends the Personal Information Protection and Electronic Documents Act First Reading in the House of Commons (May 25, 2010)
C-30PDF An Act to amend the Criminal Code (Response to the Supreme Court of Canada Decision in R. V. Shoker Act) This enactment amends the Criminal Code to allow a court to require that an offender or defendant provide a sample of a bodily substance on the demand of peace officers, probation officers, supervisors or designated persons, or at regular intervals, in order to enforce compliance with a prohibition on consuming drugs or alcohol imposed in a probation order, a conditional sentence order or a recognizance under section 810, 810.01, 810.1 or 810.2 of that Act. First Reading in the House of Commons (May 31, 2010)
C-31PDF An Act to amend the Old Age Security Act (Eliminating Entitlements for Prisoners Act) This enactment amends the Old Age Security Act to preclude incarcerated persons from receiving benefits under this Act while maintaining entitlement to benefits for, and avoiding a reduction in the amounts payable to, their spouse or common-law partner under this Act. First Reading in the House of Commons (June 1st, 2010)
C-35PDF An Act to amend the Immigration and Refugee Protection Act (Cracking Down on Crooked Consultants Act) This enactment amends the Immigration and Refugee Protection Act to change the manner of regulating third parties in immigration processes. First Reading in the House of Commons (June 8, 2010)
C-37PDF An Act to amend the Citizenship Act and to make consequential amendments to another Act (Strengthening the Value of Canadian Citizenship Act) This enactment amends the Citizenship Act to
(a) allow certain persons who would be citizens but for the death of a parent to become citizens;
(b) allow the grandchildren of Canadians who have served abroad in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, to be citizens by descent or, if the grandchildren are adopted, to be eligible for citizenship under section 5.1;
(c) clarify the rule that citizenship may not be acquired after the first generation either by descent or, in the case of an adopted person, by way of a grant under section 5.1;
(d) clarify that, in most cases, applicants for citizenship must be physically present in Canada for a specified period immediately before their application;
(e) provide for a new judicial process to revoke the citizenship of a person who has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances;
(f) provide for the opportunity to seek, in the context of the new judicial process, a declaration of inadmissibility leading to the deportation of the person whose citizenship is revoked;
(g) provide for the regulation of third-party involvement in the citizenship process;
(h) expand the prohibitions with respect to grants of citizenship to include convictions for and ongoing criminal proceedings with respect to foreign offences, as well as sentences served outside Canada; and
(i) provide for new offences, increase penalties and amend the limitation period.
It also makes consequential amendments to the Immigration and Refugee Protection Act.
First Reading in the House of Commons (June 10, 2010)
C-38PDF An Act to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts (Ensuring the Effective Review of RCMP Civilian Complaints Act) This enactment creates a new, enhanced independent civilian review and complaints body for the RCMP, and puts the interim RCMP external investigations policy as announced by the Commissioner of the RCMP in February, into law. First Reading in the House of Commons (June 14, 2010)
C-39PDF An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts (Ending Early Release for Criminals and Increasing Offender Accountability Act) This enactment amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) provide that a correctional plan is to include the level of intervention by the Service in respect of the offender's needs and the objectives for the offender's behaviour, their participation in programs and the meeting of their court-ordered obligations;
(c) expand the range of disciplinary offences to include intimidation, false claims and throwing a bodily substance;
(d) establish the right of a victim to make a statement at parole hearings;
(e) permit the disclosure to a victim of the name and location of the institution to which the offender is transferred, the reason for a transfer, information about the offender's participation in programs and convictions for serious disciplinary offences and the reason for a temporary absence or a hearing waiver;
(f) eliminate accelerated parole review;
(g) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(h) authorize a peace officer to arrest without warrant an offender for a breach of a condition of their conditional release.
This enactment also makes consequential amendments to other Acts.
First Reading in the House of Commons (June 15, 2010)
C-42PDF An Act to amend the Aeronautics Act (Strengthening Aviation Security Act) This enactment amends the Aeronautics Act so that the operator of an aircraft that is due to fly over a foreign state in the course of an international flight may provide information to that foreign state. First Reading in the House of Commons (June 17, 2010)
C-43PDF An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts (Royal Canadian Mounted Police Modernization Act) Part 1 enacts the Royal Canadian Mounted Police Labour Relations Modernization Act to provide a labour relations regime for members of the Royal Canadian Mounted Police. It requires that the Commissioner of the Royal Canadian Mounted Police establish a consultation committee for the purpose of exchanging information and obtaining views on workplace issues. It also provides for a mechanism for an employee organization to acquire collective bargaining rights for members, as well as provisions regulating collective bargaining, binding arbitration, unfair labour practices, and grievance and adjudication processes. It also provides that the Public Service Labour Relations Board, established under the Public Service Labour Relations Act, will administer the Act. First Reading in the House of Commons (June 17, 2010)

Bills Before the Senate

Bill Number Bill Title Description Status
S-2PDF Improvements to the National Sex Offender Registry. Passed by the Senate and now before House Public Safety Committee. This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the National Defence Act to enhance police investigation of crimes of a sexual nature and allow police services to use the national database proactively to prevent crimes of a sexual nature. It also amends the Criminal Code and the International Transfer of Offenders Act to require sex offenders arriving in Canada to comply with the Sex Offender Information Registration Act. It also amends the Criminal Code to provide that sex offenders who are subject to a mandatory requirement to comply with the Sex Offender Information Registration Act are also subject to a mandatory requirement to provide a sample for forensic DNA analysis. It also amends the National Defence Act to reflect the amendments to the Criminal Code relating to the registration of sex offenders. Second Reading in the House of Commons and Referred to Committee (June 15, 2010)
S-6PDF An Act to amend the Criminal Code and another Act (Serious Time for the Most Serious Crime Act) This enactment amends the Criminal Code with regard to the right of persons convicted of murder or high treason to be eligible to apply for early parole. It also amends the International Transfer of Offenders Act. Third Reading in the Senate (June 29, 2010)
S-7PDF Act may be cited as the Justice for Victims of Terrorism Act. This enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. The enactment also amends the State Immunity Act to prevent a foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism. Second Reading in the Senate and Referred to Committee (June 17, 2010)
S-9PDF An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) (Tackling Auto Theft and Property Crime Act) This enactment amends the Criminal Code to create offences in connection with the theft of a motor vehicle, the alteration, removal or obliteration of a vehicle identification number, the trafficking of property or proceeds obtained by crime and the possession of such property or proceeds for the purposes of trafficking, and to provide for an in rem prohibition of the importation or exportation of such property or proceeds. First Reading in the House of Commons (June 10, 2010)
S-10PDF Amendments to the Controlled Drugs and Substances Act to create minimum mandatory sentences in defined circumstances and offences. This enactment amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marihuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I. First Reading in the Senate (May 5, 2010)

Private Members' Bills

Bill Number Bill Title Description Status
C-268PDF Amendments to Criminal Code to create minimum mandatory sentences for human trafficking of persons under 18. Passed by House and now before Senate. This enactment amends the Criminal Code to include a minimum punishment of imprisonment for a term of five years for offences involving trafficking of persons under the age of eighteen years. Royal Assent (June 29, 2010)
C-391PDF An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry) This enactment amends the Criminal Code and the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms. Committee Report tabled in the House of Commons (June 9, 2010)
C-391Word Document Brief that CAPB presented to the SECU committee on Bill C-391 This enactment amends the Criminal Code and the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms. Committee Report tabled in the House of Commons (June 9, 2010)