Short Title Short title 1 This Act may be cited as the  Véronique Barbe Act . R.S., c. C-46 Criminal Code 2 Subsection 501(3) of the  Criminal Code  is amended by adding the following after paragraph (d): (d.1) abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question; Criminal Code Clause 2 : New. 3 (1) Subsection 515(4) of the Act is amended by adding the following after paragraph (d): (d.1) abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question; (2) Subsection 515(4.2) of the Act is amended by adding the following after paragraph (a): (a.01) that the accused abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question; Clause 3 : (1) and (2) New. (3) Subsection 515(12) of the Act is replaced by the following: Order re no communication (12) A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused must abstain from  either or both of the following: (a) communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary ; or (b) publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question. (3) Existing text of subsection 514(12): (12) A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary. 4 Subsection 516(2) of the Act is replaced by the following: Detention pending bail hearing (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from  either or both of the following: (a) communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary ; or (b) publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question. Clause 4 : Existing text of subsection 516(2): (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary. 5 Subsection 522(2.1) of the Act is replaced by the following: Order re no communication (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused  must  abstain from  either or both of the following: (a) communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the judge considers necessary ; or (b) publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence in question. Clause 5 : Existing text of subsection 522(2.1): (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary. 6 Section 672.542 of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a): (a.1) abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence for which the offender is being sentenced; or Clause 6 : New. 7 Subsection 732.1(3) of the Act is amended by adding the following after paragraph (a.1): (a.2) abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence for which the offender is being sentenced; Clause 7 : New. 8 Subsection 742.3(2) of the Act is amended by adding the following after paragraph (a.3): (a.4) abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence for which the offender is being sentenced; Clause 8 : New. 9 Subsection 743.21(1) of the Act is replaced by the following: Non-communication order 743.21 (1) The sentencing judge may order that the  accused must abstain from either or both of the following: (a) communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with  such  conditions specified in the order  as the justice  considers necessary ; or (b) publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim of the offence for which the offender is being sentenced. Clause 9 : Existing text of subsection 743.21(1): 743.21 (1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary. 10 (1) The portion of subsection 810(3.2) of the Act before paragraph (a) is replaced by the following: Conditions in recognizance (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the
informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add  any  of the following conditions to the recognizance : (2) Subsection 810(3.2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b): (c) a condition prohibiting the defendant from publishing, distributing, transmitting or making accessible on the Internet any information concerning the person on whose behalf the information was laid or that person’s intimate partner or child. Clause 10 : Existing text of subsection 810(3.2): (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance, (a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or (b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be. 11 Subsection 810.02(6) of the Act is amended by adding the following after paragraph (d): (d.1) prohibit the defendant from publishing, distributing, transmitting or making accessible on the Internet any information concerning any person identified in the recognizance; Clause 11 : New. 12 Subsection 810.1(3.02) of the Act is amended by adding the following after paragraph (b.1): (b.2) prohibit the defendant from publishing, distributing, transmitting or making accessible on the Internet any information concerning any person identified in the recognizance; Clause 12 : New. 13 Paragraph (q) of Form 32 of Part XXVIII of the Act after the heading “ List of Conditions ” is amended by replacing “– abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and” with the following: – abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; – abstains from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim or other specified person; and Clause 13 : Existing text of relevant portions of  List of Conditions  in Form 32: List of Conditions . . . (q) any other reasonable conditions, including: . . . – abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and . . . 2015, c. 13, s. 2 Canadian Victims Bill of Rights 14 The  Canadian Victims Bill of Rights  is amended by adding the following after section 11: Publication or distribution of information concerning the victim 11.1 Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the criminal justice system to prevent the offender from publishing, distributing, transmitting or making accessible on the Internet any information concerning the victim. Canadian Victims Bill of Rights Clause 14 : New. Coordinating Amendment Bill S-205 15 (1) Subsection (2) applies if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled  An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders  (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 11 of this Act and section 3 of the other Act are in force, subsection 810.03(7) of the  Criminal Code  is amended by adding the following after paragraph (e): (e.1) to abstain from publishing, distributing, transmitting or making accessible on the Internet any information concerning their child or concerning the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be.