Order Fixing the Day on which this Order is registered as the Day on which Certain Sections of the Act Come into Force

 
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Canada Gazette

Part Ⅱ

OTTAWA, FRIDAY, JULY 17, 2015

Registration

SI/2015-68 July 17, 2015

TOUGHER PENALTIES FOR CHILD PREDATORS ACT

Order Fixing the Day on which this Order is registered as the Day on which Certain Sections of the Act Come into Force P.C. 2015-1074 July 16, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 34 of the Tougher Penalties for Child Predators Act, chapter 23 of the Statutes of Canada, 2015, fixes the day on which this Order is registered as the day on which sections 2 to 19 of that Act come into force.

EXPLANATORY NOTE (This note is not part of the Order.)

Proposal This Order stipulates that the amendments to the Criminal Code made by the Tougher Penalties for Child Predators Act, assented to on June 18, 2015, will come into force upon registration.

The Tougher Penalties for Child Predators Act (the Act), formerly Bill C-26, contains amendments to the Criminal Code, the Canada Evidence Act, and the Sex Offender Information Registration Act, and enacts the High Risk Child Sex Offender Database Act.

More specifically, the Act amends the Criminal Code to

increase mandatory minimum penalties and maximum penalties for certain sexual offences against children; increase maximum penalties for violations of prohibition orders, probation orders and peace bonds; clarify and codify the rules regarding the imposition of consecutive and concurrent sentences; require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and ensure that evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence will be considered an aggravating factor for sentencing purposes. Under the Canada Evidence Act and the common law, the spouse of a person accused of most offences cannot testify for the prosecution. Statutory exceptions to these rules exist in the Canada Evidence Act and permit spousal testimony for most child sexual offences and offences of violence against young persons, but not for child pornography offences. The Act amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases.

The following parts of the Bill, which fall under the responsibility of Public Safety Canada, are expected to come into...

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