In December 2025, the Government of Canada introduced a significant legislative initiative titled the Protecting Victims Act. Formally tabled as Bill C-16, this proposed statute would amend the Criminal Code and related federal laws to address a broad range of issues, including gender-based violence, child exploitation, coercive control, sentencing reform, and victims’ rights
The government characterizes the bill as one of the most consequential overhauls of the Criminal Code “in a generation,” intended to strengthen protections for survivors of violence and to ensure that serious offenders face the full force of the law. For criminal defence practitioners, these proposed changes raise a host of substantive and procedural issues, from newly created offences to shifts in sentencing regimes, and the evolving role of victims in criminal proceedings.
Origins and Legislative Context of Bill C-16
Bill C-16, introduced in the House of Commons on December 9, 2025, is officially titled An Act to amend certain Acts in relation to criminal and correctional matters (child protection, gender-based violence, delays and other measures). The bill’s scope is broad: it touches on amendments to the Criminal Code, the Youth Criminal Justice Act, and other statutes, all of which intersect with core principles of criminal law and procedure.
While the bill’s title emphasizes victim protection, its provisions necessarily intersect with established doctrines of criminal responsibility, sentencing discretion, and constitutional rights, particularly Charter protections afforded to the accused. As of early 2026, the bill has passed first reading and is under review in committee, meaning that amendments and debate are still ongoing.
The government’s stated rationale for the legislation includes addressing modern threats such as technology-facilitated exploitation, filling legal gaps around coercive conduct in intimate relationships, and improving the justice system’s handling of victims’ needs and delays in criminal proceedings.
Key Offences: Coercive Control and Femicide Recognition
One of the centrepiece reforms of the Protecting Victims Act is the creation of a new offence targeting patterns of coercive or controlling behaviour in intimate relationships. Historically, the Criminal Code has not expressly prohibited coercive control: a pattern of behaviour involving psychological, emotional, financial, or other forms of domination that precede or accompany physical violence.
Under the proposed legislation, engaging in a pattern of coercive or controlling conduct toward an intimate partner would itself constitute a distinct offence. This reflects a broader policy trend in criminal justice toward recognizing the harm of non-physical forms of domestic abuse. For defence counsel, this raises questions about conduct thresholds, evidentiary standards, and the interplay between non-violent patterns of behaviour and criminal liability.
Another notable innovation is the treatment of certain homicides as first-degree murder where they arise in contexts of hate, sexual violence, or controlling conduct toward an intimate partner. While not creating a standalone “femicide” offence separate from murder, Bill C-16 would ensure that homicides in these contexts are classified as first-degree murder (carrying mandatory life imprisonment) regardless of traditional prerequisite elements such as planning and deliberation.
This classification carries profound consequences for sentencing exposure and trial strategy in cases where the Crown seeks to invoke first-degree status under these new criteria.
Technology-Facilitated Harms: Deepfakes, Sextortion, and Non-Consensual Distribution
Bill C-16 also targets offences involving modern technology. Existing law already prohibits the non-consensual distribution of intimate images, but the proposed amendments would explicitly extend this prohibition to sexually explicit deepfakes — digitally fabricated intimate content that can be disseminated without consent.
The offence would also capture threatening conduct related to distribution, such as threatening to release intimate images as part of sextortion schemes. Additionally, the maximum penalty for non-consensual distribution of intimate images on indictment would increase from 5 to 10 years’ imprisonment.
Defenders must be attentive to the implications of these expanded definitions and enhanced penalties. Questions of mens rea, the definition of “deepfake,” and technology-related evidence will be central to contesting charges under these provisions. Moreover, the increased maximums, while not mandatory sentences, significantly raise the stakes for clients facing such allegations.
The bill’s reforms are not limited to sexual image offences. Other child-focused technology harms, such as sextortion of children and child luring offences, would be revisited to ensure threats to distribute child sexual abuse material are explicitly criminalized. Defence counsel will need to track how these evolving offence definitions intersect with digital evidence gathering, privacy considerations, and the limits of investigative powers.
Mandatory Minimum Penalties and Sentencing Reforms
Another central element of Bill C-16 is its approach to mandatory minimum penalties (MMPs). The Criminal Code currently includes approximately 60 offences with statutory minimum sentences; however, many of these minimums have been invalidated by courts for violating Section 12 of the Charter (protection against cruel and unusual punishment).
The Protecting Victims Act aims to “restore” and strengthen these MMPs by allowing judges discretion to impose alternative sentences below the prescribed minimum where applying the statutory floor would result in grossly disproportionate punishment, except in cases such as murder and high treason. This concept of discretionary deviation from MMPs is designed to pre-empt future Charter challenges while preserving the government’s goal of ensuring imprisonment for serious offences.
The legislation also proposes specific increases in maximum penalties for a range of sexual and child-related offences. For example, the maximum penalty for summary conviction sexual assault would rise from 18 months to 2 years less a day; voyeurism and non-consensual distribution offences on indictment would rise to 10 years; and penalties for obtaining sexual services from a child under 18 would increase from 10 to 14 years.
These shifts have tangible implications for defence strategy. Mandatory minimums and even the threat of harsher maximums can influence plea negotiations, risk assessments, and decisions to proceed to trial. The possibility of judicial discretion to impose less than an MMP may be positive from a defence perspective, but its application will likely be contested in individual cases, especially in the absence of clear legislative guidance on factors triggering such discretion.
Victims’ Rights, Testimonial Aids, and Court Delays
Beyond offences and sentences, Bill C-16 includes several measures aimed at strengthening victims’ rights and addressing procedural issues that have long challenged the criminal justice system.
For example, the bill would codify expanded victim rights under the Canadian Victims Bill of Rights, including rights to respectful treatment, timely information, and consideration in proceedings. It would also clarify and enhance victims’ access to procedural accommodations such as testimonial aids. These may include support persons, screens, or other aids designed to facilitate testimony for vulnerable witnesses.
Another procedural reform involves court delays. In the R. v. Jordan framework, unreasonable delay can lead to stays of proceedings, effectively terminating prosecutions and leaving victims without resolution. Bill C-16 proposes that courts consider alternatives to stays and provide statutory guidance on managing complex cases, with a view to reducing dismissals on delay grounds.
While expanded victim rights and accommodations can support fair participation in the justice process, they may also introduce procedural complexities that affect trials, pre-trial applications, and disclosure obligations. The tension between managing systemic delays and safeguarding accused persons’ Charter rights to timely trials will be a flashpoint in litigation and policy debates.
Child Protection, Youth Recruitment, and Internet Obligations
Bill C-16’s reforms extend deeply into child protection and the digital realm. Proposed changes include expanding the scope of child luring offences to capture threats and sextortion contexts, clarifying offences related to bestiality depictions involving minors, and strengthening data preservation requirements for online platforms reporting child sexual abuse material to law enforcement.
The bill also would create a new offence targeting adults who involve children in committing crimes and strengthen aggravating factors for recruiting or exploiting youth.
Defence strategies in cases involving alleged child exploitation, internet-facilitated offences, or alleged recruitment into criminal activities should prepare for nuanced legal debates about definitions, proof standards, and the admissibility of online evidence. These areas are rapidly evolving, and Bill C-16 seeks to advance the law in ways that may be subject to significant constitutional and evidentiary challenges.
Barrison & Manitius: Dynamic Criminal Defence Lawyers Serving Oshawa & Durham Region
As of early 2026, Bill C-16 remains under parliamentary consideration with committee hearings and potential amendments ahead. While the bill aims to enhance protections for victims and communities, its intersection with core principles of criminal justice underscores the ongoing necessity of a vigilant, rights-based defence practice.
The experienced criminal defence lawyers at Barrison & Manitius are committed to ensuring justice reforms do not erode essential legal safeguards for the accused in the era of the Protecting Victims Act. We provide top-tier representation in a full range of offences, including weapons charges, drug offences, murder and manslaughter, assault, and property offences. To book a confidential consultation, please call 905-404-1947 or reach out online.