Details
- Full Title
- An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women)
- First Reading
- December 10, 2015, Parliament 42, Session 1
- Type
- Senate Public Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/42-1/s-215
Summary
Bill S-215 aims to amend the Criminal Code regarding sentencing for violent offenses against Aboriginal women. The bill highlights that Aboriginal women are disproportionately victims of violence. It seeks to ensure that when a court is deciding on a sentence for specific violent offenses, the fact that the victim is an Aboriginal woman (Indian, Inuit, or Métis) is considered an aggravating circumstance, which could lead to a harsher penalty.
The bill adds new sections to the Criminal Code. Specifically, when sentencing for offenses related to murder (section 235, 236, 239), it requires the court to consider the victim's Aboriginal identity as an aggravating factor. Similarly, for offenses such as uttering threats (paragraph 264.1(1)(a)), assault (sections 265 to 269), sexual assault (sections 271 to 273), the victim being an Aboriginal woman must be considered when determining the sentence.
The bill references the Canadian Charter of Rights and Freedoms, emphasizing equality before and under the law without discrimination. The bill aims to address the higher rates of violence experienced by Aboriginal women in Canada. By making the victim's Aboriginal identity an aggravating circumstance, the bill seeks to denounce and deter violent crimes against Aboriginal women.
Issues
Social Justice
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Reconciliation
This bill directly addresses Indigenous reconciliation by acknowledging the disproportionate rates of violence against Aboriginal women (Indian, Inuit, or Métis) and seeking to implement measures within the justice system to address this issue. By mandating that courts consider the victim's Aboriginal identity as an aggravating factor during sentencing for violent crimes, the bill aims to provide a degree of justice and recognition of the systemic issues affecting Indigenous women.
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Racism
The bill addresses systemic discrimination by recognizing the disproportionate rates of violence against Aboriginal women. By requiring courts to consider the victim's Aboriginal identity as an aggravating circumstance in certain violent offences, the bill seeks to combat racial inequality within the justice system. This acknowledges the unique challenges and vulnerabilities faced by Aboriginal women in Canada.
Security and Defense
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Crime
This bill relates to public safety and crime by focusing on sentencing for violent offences. It amends the Criminal Code to include the victim's Aboriginal identity as an aggravating circumstance when sentencing for specific violent crimes, potentially leading to harsher penalties for offenders. This aims to deter such crimes and enhance the safety and security of Aboriginal women.