| Historical Information |
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| This post is about a previous Session of Parliament. Any legislation here that did not receive Royal Assent has been terminated. |
C-332 – An Act to amend the Criminal Code (controlling or coercive conduct) – makes it a crime to engage in coercive or controlling activities that negatively affect the mental or physical health of someone.
Criminal Code
So first up is the important bit, C-332 adds a new offence to the Criminal Code. Repeatedly and knowingly engaging in coercive or controlling behaviour against somebody you’re connected to that has a significant impact on them is a crime.
A “significant impact” is defined as:
- Reasonable fear that violence will be used against them
- A decline in physical or mental health
- Causing substantial changes in their ability to perform day-to-day activities including:
- Negatively affecting their ability to care for their children
- Restricting their social activities
- Changes to their routines affecting their jobs or schooling (such as absences)
- Changes of address
Next important definition is what it means to be “connected to” someone:
- They’re your spouse, common-law partner, or have agreed to marry you
- They live with you and were formerly your spouse/common-law partner/agreed to marry you, they’re a relative, or they share parental responsibilities with you
Someone is also considered connected to you for two years after either of these have stopped being true.
There is an exception to all of this, and that’s that “it was in their best interest” is a valid defence against C-332. This only works if the conduct was reasonable at all times, but the defence stands unless there’s evidence unless there’s evidence beyond a reasonable doubt that it wasn’t in the victim’s best interests.
Anyone guilty of this can be punished with up to 5 years in prison.
Progress
C-332 is currently outside of the Order of Precedence.
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