Beyond the Courtroom: Canada's New Act Redefines Justice for Victims

OTTAWA, ON – December 09, 2025 – The federal government today introduced one of the most significant overhauls of Canada's Criminal Code in a generation, a legislative package that moves the needle on justice far beyond the courtroom walls and into the homes, communities, and digital spaces where modern harm occurs. The Protecting Victims Act, announced by Justice Minister Sean Fraser, signals a decisive shift in how the country's legal framework confronts gender-based violence, child exploitation, and the systemic procedural failures that have long re-traumatized survivors.

For communities grappling with the devastating health and social impacts of violence, this legislation represents more than just legal reform; it is an acknowledgment that safety and wellness depend on a justice system that can adapt to modern threats and prioritize the needs of its most vulnerable. By targeting the insidious patterns of abuse that often precede physical violence and confronting the digital tools used by predators, the Act aims to foster healthier communities by intervening earlier and holding perpetrators more accountable.

A New Front Against Intimate Partner Violence

At the heart of the new legislation is a direct response to the escalating crisis of intimate partner violence and femicide in Canada. Statistics Canada painted a grim picture for 2024, with homicides of women by intimate partners jumping a staggering 53% from the previous year. The Act proposes a fundamental change by classifying murders that occur alongside controlling behaviour or are motivated by hate, including femicide, as first-degree murder, even without evidence of planning and deliberation. This measure is a powerful statement, legally equating the inherent malice of these acts with premeditated killings.

Perhaps the most groundbreaking community health intervention in the bill is the criminalization of coercive control. For years, frontline workers, advocates, and survivors have highlighted that intimate partner violence is rarely a single event but a devastating pattern of psychological abuse, isolation, and financial control that erodes a victim's autonomy and well-being long before physical harm may occur. By creating a new criminal offense for a pattern of coercive and controlling behaviour, the law provides a crucial tool for intervention before violence turns lethal. This shift aligns Canada with jurisdictions like the United Kingdom and Australia, which have recognized that tackling the roots of domestic abuse requires looking beyond isolated incidents of assault.

Nneka MacGregor, Executive Director of WomenatthecentrE, lauded the move, stating, "These proposed changes to the Criminal Code will be an important additional tool for our collective efforts to end gender-based violence. By including 'femicide' and recognising coercive and controlling behaviours, it will help expand legal, political and societal understanding of the continuum of violence survivors continue to face."

Confronting Predators in the Digital Age

The Act also brings Canada’s legal toolkit firmly into the 21st century, addressing the explosion of online exploitation that has become a pressing public safety and mental health crisis for youth. The legislation takes aim at the digital weapons used to terrorize and manipulate, proposing a ban on the distribution of non-consensual sexual "deepfakes" and increasing penalties for the non-consensual distribution of intimate images.

In a direct response to the terrifying rise of online "sextortion," the bill will criminalize threats to distribute child sexual abuse material and make it an offense to distribute bestiality depictions, which are known to be used by predators to groom and manipulate children. To empower law enforcement, the Act extends the limitation period for prosecuting related offenses and, critically, will require online platforms to preserve data for up to one year, a significant increase from the current 21-day period. This change addresses a major hurdle in investigations, where crucial digital evidence often disappears before authorities can secure it.

This digital focus has been championed by child protection advocates who witness the devastating psychological toll of online exploitation daily. "Online sexual violence against Canadian children, including online luring, have reached unprecedented levels," warned Lianna McDonald, Executive Director of the Canadian Centre for Child Protection. "Confronting this epidemic is not optional and there is an urgent need to take action."

The Delicate Balance of Justice and Punishment

Navigating the complex terrain of sentencing, the legislation attempts a delicate balancing act. It seeks to strengthen and restore mandatory minimum penalties (MMPs) for a range of child sexual offenses, responding to public demand for tougher sentences for what Minister Fraser called "the most heinous crimes imaginable." This move is designed to ensure that those who prey on children face guaranteed prison time.

However, the government appears mindful of the constitutional challenges that have seen Canadian courts strike down MMPs in the past for being "cruel and unusual punishment" and infringing on judicial independence. To safeguard the new penalties, the Act introduces a novel 'safety valve': a provision allowing a judge to impose a different sentence of imprisonment if the mandatory minimum would be "grossly disproportionate" in a specific case. This hybrid approach aims to deliver both certainty in punishment and the flexibility needed to uphold Charter rights, though it is certain to be a focal point of intense debate among legal scholars and civil liberties groups who have historically opposed rigid sentencing laws.

Re-Centering the System on the Survivor

Beyond creating new offenses and penalties, the Protecting Victims Act addresses a core community health issue: the re-traumatizing nature of the justice process itself. For many survivors, the journey through the courts is a secondary trauma, fraught with delays, confusion, and a feeling of powerlessness. When cases are stayed due to procedural delays under the Jordan framework, victims are denied closure and justice is left unserved.

In response, the bill introduces measures to give courts clearer guidance on managing delays, particularly in sexual assault cases, and explicitly states that a stay is not the only remedy. Furthermore, it seeks to empower victims by improving their access to information about their own cases and making testimonial aids, which can reduce the stress of appearing in court, more readily available.

These may seem like procedural tweaks, but for survivors, they are profound changes. They represent a systemic effort to treat victims with dignity and to re-center the justice system not just on the accused, but on the person who has suffered harm. This victim-centric philosophy, woven throughout the legislation, is perhaps its most significant contribution to fostering a society where seeking justice does not inflict a new kind of wound.