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C-305

Details

Full Title
An Act to amend the Criminal Code (mischief)
First Reading
September 27, 2016, Parliament 42, Session 1
Type
Private Member’s Bill
Full Content
https://www.parl.ca/legisinfo/en/bill/42-1/c-305

Summary

Bill C-305 amends the Criminal Code to broaden the scope of mischief offences related to property. It expands the definition of protected properties to include those used for educational purposes (like schools and daycares), administrative, social, cultural, or sports activities (like town halls and community centers), and residences for seniors. The bill targets mischief motivated by bias, prejudice, or hate based on various factors, including religion, race, and other protected characteristics.

Specifically, the bill modifies subsection 430(4.1) of the Criminal Code to include mischief related to these newly defined properties. It also adds a new subsection, 430(4.101), to define "property" for the purposes of subsection 430(4.1), listing specific examples of protected buildings and structures.

Furthermore, the bill includes a coordinating amendment that addresses a potential overlap with Bill C-16. If Bill C-16, which concerns amendments to the Canadian Human Rights Act and the Criminal Code, receives royal assent, the wording of subsection 430(4.1) will be updated to include “gender identity or expression” as a prohibited ground for bias, prejudice, or hate.

Issues

Social Justice

  • Gender and Sexuality

    This bill, through a coordinating amendment with Bill C-16, potentially expands the scope of mischief offences motivated by hate to include gender identity or expression. If both bills pass, crimes targeting properties such as religious buildings, schools, or seniors' residences that are motivated by hate due to someone's gender identity or expression could face additional penalties.

  • Racism

    This bill broadens the scope of mischief offences motivated by hate or bias, which includes race and ethnic origin. Vandalism or damage to properties like community centers or schools, if motivated by racial bias, would be subject to increased penalties.

Security and Defense

  • Crime

    This bill amends the Criminal Code to broaden the scope of mischief offences. It adds protections for properties used for educational, social, cultural, sports, and senior residential purposes, especially when the mischief is motivated by hate or bias. This could lead to increased prosecution and penalties for crimes targeting these types of properties.