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FederalDid not become law (session ended)43rd Parliament, 2nd Session

Bill S-231 explained in plain English

An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 2nd Session
Bill number
Bill S-231
Full title
An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
May 4, 2021

Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
May 4, 2021
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill amends the Criminal Code to enhance protections for intimate partners by introducing new conditions for interim release, requiring consultation on safety needs, and establishing a new process for domestic violence recognizance orders, with consequential amendments to the Youth Criminal Justice Act.

What It Means

Bill S-231, titled 'An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)', aims to strengthen measures related to interim release and domestic violence. It introduces new conditions for electronic monitoring, requires consultation with intimate partners regarding safety needs before certain release orders are made, and creates a new process for obtaining recognizance orders when there is a fear of domestic violence. The bill also makes consequential amendments to the Youth Criminal Justice Act.

What This Bill Does
  • Amends the Criminal Code to allow for electronic monitoring as a condition of interim release.
  • Requires a justice to consult with a prosecutor about an intimate partner's safety and security needs before making certain release orders for accused individuals charged with offences involving violence against their intimate partner.
  • Adds new conditions that can be included in recognizance orders, such as attending treatment programs and wearing electronic monitoring devices.
  • Introduces a new section to the Criminal Code (Section 810.03) that allows a person to obtain a recognizance order if they have reasonable grounds to fear that their intimate partner will commit an offence causing personal injury to them or their child.
  • Allows recognizance orders for domestic violence fears to be for up to two years, or up to three years if the defendant has a prior conviction for violence against an intimate partner or their child.
  • Allows for specific conditions to be added to recognizance orders, including attending treatment programs, geographical restrictions, abstaining from communication, refraining from social media use, abstaining from substance use, and providing bodily substance samples.
  • Introduces provisions for the surrender and storage of firearms and related authorizations if a condition prohibiting possession is added to a recognizance.
  • Modifies rules regarding the use, disclosure, and destruction of bodily substance samples collected for the purpose of monitoring compliance with recognizance conditions related to substance use.
  • Amends forms within the Criminal Code related to conditions of recognizance orders.
  • Includes a transitional provision to ensure that certain existing informations laid under section 810(1) of the Criminal Code are deemed to have been laid under the new section 810.03(1) if no final determination has been made.
  • Makes consequential amendments to the Youth Criminal Justice Act, specifying the youth justice court's jurisdiction for making new types of recognizance orders and adjusting sanctions for breaches.
Who Is Affected
  • Accused individuals charged with offences involving violence against their intimate partners.
  • Intimate partners and children of accused individuals.
  • Victims of domestic violence.
  • Prosecutors.
  • Justices of the peace and provincial court judges.
  • Young persons subject to youth justice proceedings.
  • Law enforcement and legal professionals.
Rights, Duties, Or Obligations
  • Individuals accused of offences involving violence against an intimate partner may be subject to conditions like electronic monitoring or mandatory treatment programs.
  • Justices must inquire about consultation with intimate partners regarding safety before making certain release orders.
  • Individuals fearing domestic violence can seek a recognizance order.
  • Recognizance orders can include conditions related to treatment, geographical restrictions, communication, social media, substance use, and providing bodily samples.
  • Intimate partners and victims have the right to request a copy of release orders.
  • Youth justice courts have jurisdiction over new types of recognizance orders for young persons.
Important Dates
  • The Act comes into force 180 days after receiving royal assent.
Enforcement Or Penalties
  • Failure or refusal to enter into a recognizance order may result in imprisonment for up to two years.
  • Breach of recognizance conditions can lead to prosecution for an offence under section 811 of the Criminal Code.
Uncertainties Or Limits
  • The specific types of bodily substances that can be sampled, and the exact regulations for their analysis, storage, and destruction, will be prescribed by regulation.
  • The bill does not specify financial costs associated with electronic monitoring or treatment programs, though it mentions programs approved by the province.
  • The bill does not detail the specific procedures or requirements for the 'consultation' with intimate partners regarding safety needs beyond asking the prosecutor if it occurred.
Laws Or Regulations Affected
Criminal Code
amends

Adds electronic monitoring as a possible condition for interim release.

Source: Subsection 501(3)

Criminal Code
amends

Requires a justice to inquire about the consultation of an intimate partner's safety and security needs before making certain release orders.

Source: Section 515

Criminal Code
amends

Adds electronic monitoring and attendance at treatment programs as potential conditions for release orders.

Source: Subsection 515(4)

Criminal Code
amends

Updates the conditions under which an accused may be detained in custody, specifically relating to offences against intimate partners.

Source: Paragraph 515(6)(b.1)

Criminal Code
amends

Requires that copies of release orders be provided to intimate partners and victims upon request and requires the justice to inform parties of their right to request a copy.

Source: Subsections 515(14) and 515(14.1)

Criminal Code
creates new section

Establishes a new process for obtaining recognizance orders based on a fear of domestic violence, with specific conditions and durations.

Source: Section 810.03

Criminal Code
amends

Modifies provisions related to designations and specifications for bodily substance samples used in monitoring recognizance conditions.

Source: Section 810.3

Criminal Code
amends

Clarifies and adds to the prohibitions on the use or disclosure of bodily substance analysis results, with exceptions for statistical research or proceedings for an offence under section 811.

Source: Section 810.4

Criminal Code
amends

Ensures that a certificate from an analyst regarding bodily substance analysis is admissible in prosecutions for breach of a recognizance condition related to substance use.

Source: Section 811.1

Criminal Code
amends

Updates references in Form 32 to include new sections related to domestic violence recognizance orders and various conditions.

Source: Form 32 in Part XXVIII

Criminal Code
amends

Updates references in Form 51 related to the provision of bodily substance samples.

Source: Form 51 in Part XXVIII

Youth Criminal Justice Act
amends

Includes the new domestic violence recognizance order (section 810.03) within the exclusive jurisdiction of the youth justice court and modifies potential sanctions for breaches.

Source: Subsection 14(2)

Youth Criminal Justice Act
amends

Includes references to the new domestic violence recognizance order (section 810.03) and related breach of recognizance offence (section 811) in provisions concerning summary conviction offence proceedings.

Source: Paragraph 142(1)(a)

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Mar 30, 2021
Completed

Bill S-231, concerning interim release and domestic violence recognizance orders, completed its first reading in the Senate on March 30, 2021.

Introduction and first reading, Mar 30, 2021
End of stage activity, Mar 30, 2021
Chamber sittings
Introduction and first reading - Mar 30, 2021

Bill S-231, concerning interim release and domestic violence recognizance orders, was introduced in the Senate for its first reading on March 30, 2021.

Step 2
Second reading
May 4, 2021
Not completed

Bill S-231 was undergoing debate at the second reading stage in the Senate on May 4, 2021, but this stage was not completed.

Chamber sittings
Debate at second reading - May 4, 2021

This Senate sitting on May 4, 2021, involved procedural business and ongoing debates on various legislative items, including Bill S-231 concerning domestic violence recognizance orders and Bill C-3 related to judicial training.

Step 3
Third reading
Not reached yet
Not reached

The Senate Third Reading stage for Bill S-231 has not yet been reached, as the bill is currently at Second Reading in the Senate.

Step 1
First reading
Not reached yet
Not reached

Bill S-231 has been identified as having reached its First Reading stage in the House of Commons, though this stage has not yet been reached, and the bill is currently at second reading in the Senate.

Step 2
Second reading
Not reached yet
Not reached

Bill S-231 has reached first reading in the House of Commons but has not yet proceeded to second reading, while a similar bill, C-293, is currently undergoing second reading in the same chamber.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-231 is at the 'House of Commons Consideration in committee' stage, which has not yet been reached, while its current status is second reading in the Senate.

Step 4
Report stage
Not reached yet
Not reached

The Report stage for Bill S-231 in the House of Commons has not yet been reached, and the bill is currently at second reading in the Senate.

Step 5
Third reading
Not reached yet
Not reached

The artifact shows that the 'House of Commons Third reading' stage for Bill S-231 has not yet occurred, while the bill is currently at second reading in the Senate.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Pierre-Hugues Boisvenu
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced