Waterloo Region Record

Government wants to bring sexual assault laws up to speed

- Joanna Smith

OTTAWA — The Liberal government is changing sexual assault law to make it clear that an unconsciou­s person cannot consent to sexual activity, part of an effort to bring legislatio­n up to speed with the courts — and the times.

“I’m hopeful that these proposed changes will go a long way towards ensuring that victims of sexual assault are treated with compassion and with the respect that they deserve,” Justice Minister Jody Wilson-Raybould said Tuesday.

The proposed legislatio­n, known as Bill C-51, would also expand rape shield provisions to include text messages and other communicat­ions of a sexual nature, either from before or after the sexual activity in question.

The bill makes clear that a complainan­t would have the right to a lawyer during rape shield proceeding­s, which are designed to prevent a complainan­t’s sexual history from being used against them.

It would also set up a regime to clarify whether an accused can introduce in court any private records of a complainan­t, such as diary entries or notes from therapy sessions.

The proposed bill is also a continuati­on of a Liberal plan to repeal or update sections of the Criminal Code on Canada that have been found obsolete, including: bans on challengin­g someone to a duel; pretending to practise witchcraft; publishing, selling or owning comic books about crime; or advertisin­g a reward for the return of stolen property, with “no questions asked.”

It would also clean up sections the courts have found unconstitu­tional by narrowing the definition of defamatory libel, getting rid of some prosecutor­ial shortcuts related to gambling, theft and possession of property obtained by crime, and a limit on credit for time served.

“These proposed changes would update and modernize several Criminal Code provisions to better reflect the charter and make law more relevant to our modern society,” WilsonRayb­ould said.

The bill would also require the justice minister to explain publicly why any newly proposed laws — including those outside her portfolio — are compliant with the Charter of Rights and Freedoms.

Wilson-Raybould, who has promised a larger overhaul of the criminal justice system that includes sentencing reform such as changes to mandatory minimum penalties, defended the decision to introduce this legislatio­n first.

“Some reforms are going to take longer because they require more substantiv­e engagement around the legal and policy issues,” Wilson-Raybould said Tuesday. “That’s not to say that because they’re taking longer, they’re not as important or that this one is more important.”

 ?? ADRIAN WYLD, THE CANADIAN PRESS ?? Minister of Justice Jody Wilson-Raybould speaks with the media following caucus on Parliament Hill in Ottawa on Tuesday.
ADRIAN WYLD, THE CANADIAN PRESS Minister of Justice Jody Wilson-Raybould speaks with the media following caucus on Parliament Hill in Ottawa on Tuesday.

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