An Act to amend the Criminal Code

This bill changes how the Criminal Code treats violence between intimate partners, particularly in cases involving a pattern of coercive or controlling behaviour. If someone kills their intimate partner while engaged in, or after having engaged in, such a pattern of controlling conduct meant to make the victim fear for their physical or psychological safety, that killing is automatically classified as first-degree murder, even if it wasn't planned in advance. Similarly, if someone commits manslaughter against their intimate partner in that same context, the sentencing court must specifically consider imposing a life sentence, and if it does, the offender (if an adult) would not be eligible for parole for somewhere between 10 and 25 years, with the judge deciding the exact number based on the offender's character and the circumstances.

The bill also creates a new offence covering situations where someone commits any other crime ("included offence") involving violence used, threatened, or attempted against their intimate partner. This new offence carries increased maximum penalties compared to the underlying crime alone, scaled according to how serious that underlying offence already was (ranging up to a possible life sentence). It also makes some related procedural adjustments, such as allowing a person charged under this new provision to still be convicted of the underlying included offence if that is what the evidence supports, and updating bail rules for accused persons with a history of intimate partner violence.

Separately, and unrelated to the intimate partner provisions, the bill extends the amount of time police can keep seized property under investigation before needing a court order, from three months to 180 days.

Finally, the bill includes technical "coordinating" clauses to prevent conflicts if another bill dealing with similar Criminal Code provisions (Bill C-16) also becomes law around the same time. Most of the substantive changes take effect 30 days after the bill receives royal assent, and the new sentencing rules for manslaughter only apply to offences committed after that date.

This bill amends the Criminal Code to classify certain intimate-partner killings as first-degree murder, require courts to consider life imprisonment for related manslaughter, create a new offence for violence against an intimate partner, and extend the period police may hold seized property.

• New first-degree murder classification — a killing of an intimate partner is deemed first-degree murder regardless of planning or deliberation, if the accused caused the death while engaging in, or after engaging in, a "pattern of coercive or controlling conduct" intended to make the victim fear for their physical or psychological safety — terms not further defined in the bill, leaving their scope to judicial interpretation.
• Mandatory sentencing consideration for manslaughter — where an intimate partner is killed in the same context, the sentencing court must consider imposing life imprisonment, with parole ineligibility set by the judge at between 10 and 25 years; for offenders under 18, between 5 and 7 years.
• New standalone offence (section 263.1) — anyone who commits a violent "included offence" against an intimate partner faces indictable penalties scaled to the underlying offence's maximum (up to life imprisonment where the included offence's maximum is 14 years to life), or summary conviction; courts may also convict of the included offence if the new offence isn't proven.
• Bail provisions — expands the list of circumstances requiring specific bail considerations to include prior convictions or existing peace bonds involving violence against any intimate partner.
• Seizure detention period — extends how long police/authorities may detain items seized under section 490 without a court order from three months to 180 days.
• Appeal rights — creates or amends rights for offenders and the Attorney General to appeal parole ineligibility periods above or below certain thresholds to the court of appeal.
• Coordination with Bill C-16 — contains detailed rules for how these provisions interact with another pending bill (C-16), including automatic repeal or substitution of sections depending on which bill comes into force first, meaning the final wording of some provisions is not settled by this text alone but depends on future legislative events.
• Commencement — most provisions take effect 30 days after royal assent; the manslaughter sentencing rule and seizure-extension rule do not apply retroactively to offences or seizures occurring before that date.