For several days now I’ve been wanting to seek out and post information regarding Bill C-75, the bill currently proceeding through the Parliament which proposes significant changes to the Criminal Code of Canada. So, first, a series of articles and opinion pieces:
As you see, the focus is on preliminary hearings, with defence lawyers largely, it seems, opposed to their elimination. I have my thoughts on this but am not yet prepared to comment becasue I haven’t read the bill. I really do want to read and digest the contents of the bill to find out what is going on here.
So, this morning I found the bill. Here it is:
Note that para “i” under “Summary” of how the Criminal Code would be amended if the bill is enacted reads as follows:
remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
Note: “no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.”
I have deep deep concerns about what may be happening here. I will be heading out for several hours this morning – will try to read the bill in its eternity when I return to see if this will or might effectively negate the possibility of male victims who were sexually abused as children or youth by a male seeing justice done in a court of law. Am I misreading? I hope so, but fear not.
Strangely I have not as yet seen no public comments made pro or con regarding this particular section of the bill. Many years ago I put together a bit of history on the evolution of the Criminal Code of Canada. It warrants an update now, but, for the time being, here it is:
I strongly urge you to read Bill C-75 so we can sort out if what is proposed will give priests and other men who sexually abused young boys in years past a bye.
[When criminal charges are laid they have to be laid in accord with provisions of the Criminal Code of Code of Canada which existed at the time the offence transpired]
Enough for now,