Bill
S-221
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ENGLISHSUMMARYSUMMARY1 Criminal Code1 Criminal CodeEXPLANATORY NOTESEXPLANATORY NOTES
Second Session, Forty-third Parliament,
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-221
An Act to amend the Criminal Code (mischief related to memorials to first responders)
FIRST READING, December 8, 2020
THE HONOURABLE SENATOR Housakos
4322021
SUMMARY
This enactment amends the Criminal Code to provide for the offence of committing mischief in relation to a monument or similar structure that honours first responders.
Available on the Senate of Canada website at the following address:
www.sencanada.ca/en
2nd Session, 43rd Parliament, 
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-221
An Act to amend the Criminal Code (mischief related to memorials to first responders)
Preamble
Whereas first responders regularly put their own lives and physical, emotional and mental well-being at risk in order to save the lives of others;
Whereas, for their selfless heroism, first responders are honoured and commemorated with various memorials, statues, cenotaphs and other structures throughout Canada;
Whereas vandalism against these memorials, statues, cenotaphs and other structures dishonours the memory of these first responders and their service to the community;
And whereas significant penalties should be imposed against any person convicted of mischief against a memorial, statue, cenotaph or other structure honouring first responders;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-46
Criminal Code
1 Section 430 of the Criminal Code is amended by adding the following after subsection (4.‍11):
Mischief related to memorials to first responders
(4.‍12) Everyone who commits mischief in relation to property that is a building or structure or part of a building or structure that primarily serves as a monument to honour first responders — including a statue or monument — or an object associated with honouring or remembering those persons if that object is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment:
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; or
(c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.
Definition of first responders
(4.‍13) In subsection (4.‍12), first responders means any persons who provide emergency services, including police officers, firefighters and paramedics, and includes members of the Canadian Forces who provide those services.
Published under authority of the Senate of Canada
explanatory notes
Criminal Code
Clause 1: New.
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