Notice to Criminal Law Practitioners: Amendments to the Criminal Code

Bill C-21 and Bill C-48 introduce numerous amendments to the Criminal Code and other Acts.

Bill C-21 received Royal Assent on December 15, 2023, and amends the Criminal Code, the Firearms Act, the Nuclear Safety and Control Act, and the Immigration and Refugee Protection Act. The Bill puts forward the following gun control measures:

  • Implementing a national freeze on handguns
  • Revoking firearms licenses of those involved in acts of domestic violence or criminal harassment
  • Fighting gun smuggling and trafficking
  • Addressing intimate partner violence, gender-based violence, and self-harm involving firearms

Bill C-48 received Royal Assent on December 5, 2023. The Bill puts forward the following amendments to the Criminal Code’s bail and reverse onus provisions:

  • Create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years of a serious offence involving violence and the use of a weapon
  • Add certain firearms offences to the existing reverse onus provisions
  • Expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence
  • Require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered
  • Require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.

These amendments will impact sentencing and criminal charges. For a thorough review of these amendments, read the complete Bill C-21 here and Bill C-48  here.

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