Vol. 146, No. 14 — July 4, 2012

Registration

SI/2012-48 July 4, 2012

SAFE STREETS AND COMMUNITIES ACT

Order Fixing Various Dates as the Day on which Certain Sections of the Act Come into Force

P.C. 2012-841 June 19, 2012

His Excellency the Governor General in Council,

• (a) on the recommendation of the Minister of Citizenship and Immigration, pursuant to section 208 of the Safe Streets and Communities Act, chapter 1 of the Statutes of Canada, 2012, fixes the day on which this Order is registered as the day on which sections 205 to 207 of that Act come into force;
  
  
• (b) on the recommendation of the Minister of Justice, pursuant to section 51 of that Act, fixes August 9, 2012 as the day on which sections 10 to 31 and 35 to 38 of that Act come into force;
  
  
• (c) on the recommendation of the Minister of Justice, pursuant to section 204 of that Act, fixes October 23, 2012 as the day on which sections 167 to 203 of that Act come into force;
  
  
• (d) on the recommendation of the Minister of Justice, pursuant to section 51 of that Act, fixes November 6, 2012 as the day on which subsection 32(1) and sections 33, 39 to 47, 49 and 50 of that Act come into force; and
  
  
• (e) on the recommendation of the Minister of Justice, pursuant to section 51 of that Act, fixes November 20, 2012 as the day on which section 34 of that Act comes into force.
  

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to sections 51, 204 and 208 of the Safe Streets and Communities Act, assented to on March 13, 2012, that sections 205 to 207 come into force on the day on which the Order is registered; sections 10 to 31 and 35 to 38 come into force on August 9, 2012; sections 167 to 203 come into force on October 23, 2012; subsection 32(1) and sections 33, 39 to 47, 49 and 50 come into force on November 6, 2012; and section 34 comes into force on November 20, 2012. These sections amend the Criminal Code, the Immigration and Refugee Act, the Youth Criminal Justice Act and the Controlled Drugs and Substances Act.

Objective

To seek the approval of the Governor in Council to fix the day on which the Order is registered as the coming into force date of sections 205 to 207 of the Safe Streets and Communities Act (the Act), to fix August 9, 2012, as the coming into force date of sections 10 to 31 and 35 to 38 of the Act, to fix October 23, 2012, as the coming into force date of sections 167 to 203 of the Act, to fix November 6, 2012, as the coming into force date of subsection 32(1) and sections 33, 39 to 47, 49 and 50 of the Act, and to fix November 20, 2012, as the coming into force date of section 34 of the Act.

The purpose of these amendments is to

• Amend the Immigration and Refugee Protection Act to provide increased protection for foreign national workers against humiliating and degrading treatment, including through sexual exploitation and human trafficking;
• Amend the Criminal Code to enhance sentencing, including through mandatory minimum penalties for child sexual offences and enact new measures to prevent the commission of a sexual offence against a child;
• Amend the Youth Criminal Justice Act to enhance its treatment of violent and repeat young offenders including by ensuring that violent and repeat young offenders are held accountable through sentences that are proportionate to the severity of their crimes, and that the protection of society is given due consideration in applying the Act;
• Amend the Criminal Code to further restrict eligibility for conditional sentences of imprisonment for serious property and violent offences; and
• Amend the Controlled Drugs and Substances Act to enhance sentencing for serious drug offences, including through mandatory minimum penalties.

Background

The Safe Streets and Communities Act (Bill C-10) fulfills the Government’s June 2011 Speech from the Throne commitment to “move quickly to re-introduce comprehensive law-and-order legislation to combat crime and terrorism.” Bill C-10 is comprised of nine former criminal justice bills that were not fully considered in the previous session of Parliament.

Part 1 includes new measures to deter terrorism by supporting victims of terrorism and amending the State Immunity Act (former Bill S-7). Part 2 includes sentencing reforms that target sexual offences against children (former Bill C-54) and serious drug offences (former Bill S-10), as well as prevent the use of conditional sentences for serious violent and property crimes (former Bill C-16).

Part 3 includes post-sentencing reforms to increase offender accountability (former Bill C-39); eliminate pardons for serious crimes (former Bill C-23B); and strengthen the international transfer of offenders regime (former Bill C-5). Part 4 includes reforms to youth criminal justice (former Bill C-4), and Part 5 includes immigration reforms to protect vulnerable foreign workers (former Bill C-56).

Implications

The federal cost implications of Bill C-10 relate to the serious drug offences amendments ($67.7M over five years) and to the child sexual offences amendments ($10.9M over two years, with additional funding to be approved after two years). The costs related to the serious drug offences amendments reflect the estimated impact of these reforms on the Public Prosecution Service of Canada, the Correctional Service of Canada, the Parole Board of Canada and Health Canada. These costs have been set aside in the fiscal framework pending passage of the reforms. The costs related to the child sexual offences reflect the estimated impact of these reforms for the Correctional Service of Canada and the Parole Board of Canada.

Consultation

Many of Bill C-10’s amendments have been discussed over the past several years with the provinces and territories, with various jurisdictions expressing support for its different amendments. At the January 2012 meeting of federal/provincial/territorial ministers responsible for justice, all ministers agreed on the need for on-going collaborative dialogue in managing the shared responsibility for Canada’s criminal justice system. The federal ministers of Justice and Public Safety committed to consider the views of their provincial/territorial counterparts regarding the coming into force of Bill C-10 and agreed that a staggered implementation of Bill C-10’s amendments within a reasonable time would facilitate preparation for the implementation of the Bill by all jurisdictions. Federal/provincial/territorial consultations on the coming into force of Bill C-10 were undertaken and informed the proposed staggered coming into force dates.

Departmental contacts

For more information, please contact

Carole Morency
Director and General Counsel
Cabinet and Legislative Agenda
Criminal Law Policy Section
Department of Justice Canada
Telephone: 613-941-4044

Philippe Massé
Director
Temporary Resident Policy and Program
Citizenship and Immigration Canada
Telephone: 613-957-0001