Overview: What Is the Protecting Victims Act?
The Protecting Victims Act is a proposed federal law in Canada that introduces significant reforms to the Criminal Code, particularly concerning violent offences, family violence, and the constitutional rights of accused individuals. Introduced in early 2024, the law intends to prioritize victims’ protection—especially for children and survivors of intimate partner abuse—by expanding sentencing powers and redefining procedural rights.
While its supporters frame the act as a necessary evolution of victim-centric justice, critics warn it may erode established legal safeguards under the Canadian Charter of Rights and Freedoms. This analysis explores the legislation’s core components, legal ramifications, and impact on families and family law practitioners.
Key Criminal Code Reforms in the Bill
Expansion of Offences and Sentencing Powers
The Act proposes the broadening of several criminal offences, with enhanced penalties focused largely on repeat offenders and crimes involving children or intimate partners. Measures include:
- Increased sentencing for sexual violence and child exploitation.
- Mandatory no-contact orders in domestic violence cases.
- Expanded publication bans to protect victims’ identities, particularly in family-connected prosecutions.
These reforms aim to deter recidivism and improve safety for vulnerable individuals within family structures, especially children and survivors of long-term abuse.
Changes to Accused Persons’ Charter Protections
One of the most controversial elements is the Act’s potential infringement on Charter rights—especially Section 11(b), which guarantees an accused’s right to be tried within a reasonable time. Proposed changes would:
- Create exceptions to the 18-/30-month trial timeframe standards established in the R. v. Jordan (2016) decision.
- Restrict the scope of defence counsel’s ability to challenge evidence in sexual assault and family violence cases.
Such shifts raise concerns about longer pretrial delays and reduced capacity for full defence participation, affecting not only the accused but also families navigating complex legal situations.
Mandatory Minimum Penalties (MMPs)
The legislation introduces a controversial revival of mandatory minimum penalties—many of which were recently struck down by the Supreme Court for violating Section 12 of the Charter (protection from cruel and unusual punishment).
Although the bill adds a “judicial safety valve” allowing judges limited discretion to override mandatory sentences in exceptional cases, legal experts question its effectiveness and compatibility with prior constitutional rulings.
New Proposed Criminal Offences
In response to modern abuses, the Act introduces new offences related to digital and online harms. These include criminalizing:
- Non-consensual sharing of intimate images.
- Patterns of coercive control in digital communications.
Supporters argue these additions modernize the law to address contemporary forms of abuse. Opponents caution that ambiguous language could lead to inconsistent enforcement or overreach.
Charter and Constitutional Implications
Section 7, 11, and 12 Concerns
Several provisions could clash with the Canadian Charter of Rights and Freedoms:
- Section 7: Rights to life, liberty, and security of the person may be compromised if defence rights are curtailed.
- Section 11(b/c/d): Delays in trial proceedings or limitations on mounting a full defence challenge principles of justice.
- Section 12: Restoring MMPs risks reintroducing penalties already rendered unconstitutional due to their excessive severity.
Likely Constitutional Challenges
Legal organizations such as the Criminal Lawyers’ Association and civil liberties advocates have signaled their readiness to challenge the Act. Past legislative efforts to bolster sentencing and constrain trials—like aspects of Bill C-75—have been overturned by courts. Early indications suggest similar litigation may follow if the Protecting Victims Act is enacted without adjustment.
Impacts on Families and Family Law
Positive Impacts for Victims and Children
From the perspective of survivors, particularly in family-based violence, the Act offers:
- Clearer legal consequences for offenders.
- Expanded victim protections during pretrial and incarceration phases.
- Greater system support, potentially increasing victim trust and reporting.
These tools could provide relief and justice for historically underserved individuals in abusive family settings.
Challenges for Family Courts and Lawyers
However, integration of these criminal justice reforms into family proceedings poses risks:
- Longer trial timelines and increased evidentiary disputes in dual criminal–family proceedings.
- Uncertainty about how changes to procedural rights may affect custody or parenting matters.
- Greater burden on practitioners to navigate interconnected criminal and family law reforms.
Family lawyers will need to assess how sentencing changes and charter litigation may influence divorce, custody, and protective order proceedings.
Political Reactions and Stakeholder Opinions
Support from Government
The federal government describes the Protecting Victims Act as a “long-overdue modernization” of Canada’s criminal justice system. Key policy goals include reducing repeat offences, protecting families, and restoring faith among crime survivors in the court system.
Opposition from Legal and Civil Rights Groups
Organizations like the Canadian Bar Association and Criminal Lawyers’ Association warn that the bill too heavily emphasizes punishment at the expense of constitutional safeguards. Critics describe the reforms as “regressive penal populism” in an era demanding restorative and rehabilitative tools.
Legal Associations Monitoring the Debate
Multiple professional groups are closely evaluating the implications of the bill:
Continue Your Family Law Journey
Resources tailored to families navigating the Protecting Victims Act help translate complex criminal-justice reforms into practical steps for safety, planning, and legal strategy. With changes touching both rights and remedies, having trusted guides can mean the difference between uncertainty and informed decision-making for your family.
- Canadian Bar Association — Protecting Victims Act: An Overview
- Criminal Lawyers’ Association — Victim Protections and Family Law Intersections
- Victim Advocacy Groups — Child and Family Safety Resources
- Parliament of Canada — Protecting Victims Act (Bill C-…): Legislative Text
Conclusion: What Happens Next?
The Protecting Victims Act has sparked a national dialogue about how Canada balances the rights of the accused with the need to strengthen protections for victims—especially within families. As the bill advances through Parliament, families, legal professionals, and advocacy groups must remain engaged.
The coming months will likely include committee reviews, constitutional litigation planning, and input from a broad range of stakeholders. For now, readiness and awareness are key for anyone affected by family violence or involved in intersecting legal proceedings.
Frequently Asked Questions About the Protecting Victims Act
What is the Protecting Victims Act in Canada?
It’s a 2024 federal bill proposing wide-ranging criminal justice reforms focused on violent and intimate partner crimes. It increases penalties and restricts some constitutional rights to prioritize victims’ protections.
How does the Protecting Victims Act affect Charter rights?
Legal experts warn that elements of the Act may violate Sections 7, 11(b), and 12—covering trial delays, defence integrity, and safeguards from harsh punishment.
Are there new offences in the bill?
Yes. The Act adds criminal offences tied to modern behaviour, such as digital coercion, non-consensual image sharing, and cyber harassment related to relationships or family disputes.
How may family law be affected?
Family lawyers may see greater procedural overlap between criminal and custody cases, new sentencing dynamics, and increased confidentiality rules protecting survivors and children.
Is the bill already law?
As of mid-2024, the legislation has been introduced in Parliament and is under review. Passage depends on parliamentary debate, committee evaluation, and potential Charter litigation.
What can families or practitioners do?
Stay informed. Monitor debate, read updates from associations like the CBA or CLA, attend legal education sessions, and seek legal advice if your family is involved in dual criminal and family law matters.
Legal Note: This article offers general information and strategic analysis. It is not a substitute for formal legal advice. Individuals affected by this legislation should consult a qualified legal professional.