Protecting Victims Act: Proposed legislation to protect victims and keep kids safe from predators

Backgrounder

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On December 9, 2025, the Government of Canada introduced significant reforms to Canada’s Criminal Code and other pieces of legislation to confront modern threats and protect victims.

These reforms represent one of the most consequential updates in generations to protect victims and survivors of sexual violence, gender-based violence, and intimate partner violence, and to keep our kids safe from predators.

On this page

Proposed changes to the law

Strengthen the response to intimate partner violence and femicide
Item Current law Proposed amendments
Femicide Some murders targeting women may be classified as first degree, while others may be classified as second degree murder. Treat murders that occur in situations involving control, hate, sexual violence or exploitation as, as first-degree murder, the Criminal Code’s most serious form of homicide. Define these murders as femicide when the victim is a woman.
Coercive control There is no specific offence prohibiting coercive and controlling conduct in the Criminal Code. Create a new offence to prohibit engaging in a pattern of coercive or controlling conduct against an intimate partner.
Sexually explicit deepfakes The Criminal Code makes it illegal to distribute intimate images without the consent of the person depicted. However, the offence does not apply to sexually explicit deepfakes. Expand the offence prohibiting the non-consensual distribution of intimate images to ensure that it applies to non-consensual deepfakes.
Non-consensual distribution of intimate images The Criminal Code makes it illegal to distribute intimate images but does not capture threatening to release those images, which forms part of many sextortion cases.

The maximum penalty is 5 years imprisonment, on indictment.		 Ensure that the Criminal Code makes it illegal to threaten to distribute intimate images, including sexually explicit deepfakes, without the consent of the person depicted.

Increase the maximum penalty to 10 years imprisonment, on indictment.
Criminal harassment The criminal harassment offence requires the prosecutor to show that the victim feared for their safety, which often requires victim testimony.

Amend the criminal harassment offence to:

  • replace the requirement that the victim feared for their safety with a requirement that a reasonable person in the victim’s circumstances would fear for their safety.
  • ensure the offence captures harassing conduct committed through modern technology (e.g., electronic monitoring).
Maximum penalty for sexual assault on summary conviction The maximum penalty for this offence is 18 months. Increase the maximum penalty on summary conviction for sexual assault from 18 months to 2 years less a day.
Aggravating factor for sextortion All forms of extortion are prohibited in the Criminal Code, including sextortion, with a maximum penalty of life imprisonment.

There is currently no aggravating factor that applies to sextortion cases.		 Add an aggravating factor to the extortion provision where that offence is used in sextortion cases.

Additional Resources

For more information

Keep our kids safe from predators
Item Current law Proposed amendments
Mandatory minimum penalties of imprisonment The Criminal Code contains approximately 60 offences punishable by mandatory minimum penalty (MMP) of imprisonment.

Many mandatory minimum penalties have been struck down by courts on the basis that they violate section 12 of the Charter, which protects against cruel and unusual punishment. For example, in R v Senneville, the Supreme Court of Canada struck down one-year mandatory minimum penalties for possessing and accessing child sexual abuse and exploitation material.		 Restore all mandatory minimum penalties of imprisonment that are currently inoperative because they have been found unconstitutional by the courts.

Allow courts to order a sentence of imprisonment below a mandatory minimum penalty, but only where the MMP would result in grossly disproportionate punishment. This seeks to protect mandatory minimum penalties against being struck down in the future.
Sextortion of children and child luring Offences related to child sexual abuse and exploitation material prohibit its distribution but do not include threats to distribute such material.

The child luring offence prohibits the use of telecommunications to communicate with children to help commit several child sexual offences, but it does not include extortion or sextortion.

The Criminal Code criminalizes extortion, which applies in sextortion cases.		 Create a new offence that prohibits threatening to distribute child sexual abuse and exploitation material.

Ensure the child luring offence references extortion so that it applies to sextortion cases.
Bestiality depictions Bestiality depictions are a form of obscenity, which carries a maximum penalty of 2 years. However, there have been no known obscenity cases involving bestiality depictions. Create a new hybrid offence which prohibits distributing bestiality depictions, including deepfakes, with a maximum penalty of 5 years on indictment.

Clarify that the offence prohibiting making sexually explicit material available to a child includes sexually explicit material that involves bestiality.
Child sex tourism Canadians and permanent residents of Canada who are alleged to have committed abroad any one of a list of sexual offences can be prosecuted in Canada for those crimes. Prosecute Canadians and permanent residents who are alleged to have committed sexual assault against children abroad in Canada.
Mandatory Reporting Act

Internet service providers are required to report to the authorities when:

  • They are advised of an internet address where child sexual abuse and exploitation material may be available to the public.
  • They have reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence.

Amendments would include:

  • Increasing the data preservation requirements for computer data related to reports of child sexual abuse and exploitation material offences made to the designated law enforcement body from 21 days to 12 months.
  • Changing the limitation period for prosecution from 2 to 5 years.
  • Clarifying that it applies to all types of internet services in Canada, including online platforms, social media, and other application-based services.
  • Clarifying that persons providing Internet services with a connection to Canada must report child sexual abuse and exploitation material offences to law enforcement.
  • Enabling regulations to centralize the mandatory notification to a designated law enforcement body and increase transparency with new annual reporting requirements for the designated law enforcement body.
  • Requiring Internet service providers to include transmission data when reporting material that is obvious child sexual abuse and exploitation material to the designated law enforcement body.
Youth recruitment There is no explicit offence in the Criminal Code that prohibits recruiting youth, under the age of 18, to commit crime.

The Criminal Code considers involving a person under the age of 18 years in the commission of the offence as an aggravating factor in sentencing.		 Create a new offence that prohibits involving youth in the commission of a crime.

Amend existing aggravating factors in the Criminal Code to make it clear that it also applies to those who counsel youth to commit crimes.
Invitation to sexual touching

The Criminal Code prohibits all sexual activity with children through general sexual offences and child-specific sexual offences. This includes offences that prohibit inviting a child to touch themselves or others for a sexual purpose.

The Criminal Code also prohibits a range of sexualized conduct involving children, such as:

  • providing sexually explicit material to a child to facilitate committing a sexual offence
  • luring a child to facilitate committing a sexual offence
  • exposing one’s sexual organs to a person under the age of 16 years for a sexual purpose

It does not criminalize inviting a child to expose their own sexual organs for a sexual purpose where no touching occurs or where no recording or depiction was made (e.g., during video calls).

 Expand existing child sexual offences prohibiting invitation to sexual touching and sexual exploitation to protect children from individuals who may invite or incite them to expose their sexual organs for a sexual purpose.
Additional reforms
Item Current law Proposed amendments
Victim’s rights:
Right to respect and timely access to justice 		There is no standalone right to be treated with respect or for timely access to justice in the Canadian Victims Bill of Rights. Create a right to be treated with respect under the Canadian Victims Bill of Rights.

Create a right for victims to have their interests considered in the timely resolution of matters under the Canadian Victims Bill of Rights.
Victim’s rights:
Right to information and right to protection		 Victims may need to proactively make a request to receive information about the criminal justice system, the case in which they are involved or the offender who harmed them.

There are guidelines on sharing information with victims about restorative processes, but these guidelines are not codified into law.

Victims have the right to protection measures, but many are not aware of their existence or how they work.

Under the Criminal Code, victims can request a publication ban to protect their identity and can request to have it removed. A victim's right to request the removal of a publication ban is not reflected in the Canadian Victims Bill of Rights.

Make several clarifications to victims’ rights to information, including:

  • Add a right for victims to receive information about their rights under the Canadian Victims Bill of Rights.
  • Make it easier for victims to receive information about the criminal justice system, the case in which they are involved and/or the offender who harmed them, as required under other statutes.
  • Clarify a victim’s right to information about restorative justice processes.
  • Specify that victims have a right to information about an offender’s progress even after restorative justice processes conclude.
  • Specify that victims have a right to information about protection measures available to them.
  • Specify that victims have a right to be consulted about whether they would like their identity protected through a publication ban, be informed if an order is made, request to vary or revoke publication bans.
Victim’s rights:
Testimonial aids 		The Criminal Code allows a support person to be present while victims and witnesses testify to make them more comfortable. Animals have sometimes been allowed to act as “support persons,” but the practice is not uniform across the country.

Testimonial aids are by request for adult victims of sexual offences, intimate partner violence, human trafficking and criminal harassment.		 Clarify that a victim or witness can request a support person or support animal when they testify.

Amendments would make testimonial aids presumptively available for adult victims of sexual offences, intimate partner violence, human trafficking and criminal harassment.
Court delays:
Alternative remedies for section 11(b) breaches 		Currently, where a court finds that an accused person’s right to be tried within a reasonable time has been violated, the main remedy that is imposed is a stay of proceedings, which results in the case being terminated before it is completed. Require courts to consider remedies other than a stay of proceedings to reduce the number of cases being thrown out due to court delays.

Courts would determine the remedy they consider appropriate and just in the circumstances.
Court delays:
Complex cases		 There are rules to establish whether a case is complex as determined under the framework for unreasonable delay set out in the Supreme Court’s decision of R v Jordan and cases that have followed Jordan.

There is no guidance in the Criminal Code on how case complexity is to be assessed under the proposed new statutory framework.		 Provide specific guidance to courts in terms of factors to consider in determining what types of cases may require additional time to go through the system.

The factors would focus on cases involving pre-trial and mid-trial applications which are known to increase complexity.
Court delays:
Clarify and streamline procedures that apply in sexual offences trials		 Existing Criminal Code provisions that apply in sexual offence trials govern the admissibility of evidence of the victim’s prior sexual activity and the admissibility and production of their private records, including therapeutic records.

These provisions provide important protections for complainants as they limit the accused’s access to and ability to adduce highly sensitive evidence about the complainant.

Amend the Criminal Code to:

  • Exempt communications between the accused and the victim from the private records production regime.
  • Raise the threshold for both the production and admissibility of “therapeutic records” to circumstances where the accused can demonstrate that their innocence is at stake.
  • Increase the notice period for admissibility of sexual history evidence and private records from 7 to 60 days.
  • Streamline and simplify the process for when the prosecutor uses evidence of the complainant’s prior sexual activity as part of its case.

Other changes are also being proposed through this legislation. For the full list, please consult the text of the Bill.

Plain language glossary of terms
Adjournment
Postponement or rescheduling of a court proceeding, such as a trial or hearing. It is granted at the judge’s discretion for reasons like lack of preparation, missing witnesses, or fairness concerns.
Coercive control
Combination or repeated instances of three types of conduct – violent conduct, such as whether the accused threatened or caused harm to pets (a known risk factor for more serious forms of intimate partner violence (IPV)), sexually coercive conduct or conduct that would reasonably be expected to cause the victim to believe their physical or psychological safety is threatened (a non-exhaustive list of this last category of conduct, based on the lived experiences of survivors would be included to assist in understanding the subtle ways abusers seek to control their intimate partners).
Femicide
Defined as the gender-related killings of women and girls. It is considered the most extreme form of violence against women and girls and often follows prior forms of abuse by an intimate partner.
Gender-based violence (GBV)
Violence based on gender norms and unequal power dynamics, perpetrated against someone based on their gender, gender expression, gender identity, or perceived gender. It takes many forms, including physical, economic, sexual, as well as emotional (psychological) abuse.
Indictment
Formal written accusation initiating a criminal proceeding for serious (indictable) offences, usually in a superior court. Indictments allow for more complex trials, sometimes with a jury.
Intimate partner violence (IPV)
Physical, sexual, emotional (psychological) or financial harm done by a current or former intimate partner(s) or spouse(s). Intimate partner violence can happen in a marriage, common-law or dating relationship; in a heterosexual or 2SLGBTQI+ relationship; at any time in a relationship, including after it has ended; and, whether or not partners live together or are sexually intimate with one another.
Mandatory Minimum Penalties (MMPs)
Minimum penalties for a criminal offence are set by law. This means that for certain specified offences, the law requires judges to impose at least a minimum level of punishment, which can include imprisonment, fines, or other penalties. For example, first-degree murder carries a minimum mandatory penalty of life imprisonment.
Private records production regime
Governs how private records (such as therapy notes or documents containing personal information about the complainant) are requested and disclosed in sexual offence cases. It involves a two-stage judicial review to protect an accused’s right to full answer and defence while balancing a complainant’s right to privacy, personal security and equality.
R v Jordan
In R v. Jordan, the Supreme Court of Canada introduced a new framework for determining whether an accused person has been tried within a reasonable time, as guaranteed by section 11(b) of the Canadian Charter of Rights and Freedoms. Generally, the Crown has 18 months to bring a case to trial in provincial court and 30 months in superior court (or cases in provincial court with a preliminary inquiry).
Section 11(b) breaches
Section 11(b) of theCharter guarantees the right to be tried within a reasonable time. Breaches occur when delays exceed timelines set out by the Supreme Court of Canada in R v Jordan, without justification. The remedy is a judicial stay of proceedings (termination of the prosecution).
Sextortion
A form of extortion that can involve threats to share intimate images or sexual content unless the victim complies with demands.
Stay of proceedings
A court terminates a legal case. When criminal proceedings are stayed, there is no verdict on the guilt or innocence of the accused, and no closure for victims.
Summary conviction
Court process for less serious criminal offences, usually without a jury. These offences carry lighter penalties, typically up to a $5,000 fine or two years less a day in jail.
Testimonial aids
Tool or support provided to help a witness give testimony. They can include support person, testimony behind a screen or by CCTV, appointment of counsel to cross examine the victim when the accused is self-represented.
Therapeutic records
Confidential documents from counseling, medical, or psychological treatment. Access in sexual offence trials is restricted and requires a court application under special procedural rules.
Transmission data
information related to telecommunication functions, such as routing, Internet Protocol (IP) address, date and time.