Bill C-309 · 41th Parliament · Stephen Harper
Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act
An Act to amend the Criminal Code (concealment of identity)
Private member’s bill. Became law.
- IntroducedOct. 3, 2011
- Debated in principleFeb. 15, 2012
- Studied by a committeeDone
- Passed its first chamberOct. 31, 2012
- Passed the second chamberMay 22, 2013
- Became lawJune 18, 2013
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Donald Neil PlettSenate · Sponsor in the Senate
- Blake Richards12 interventions in debatesponsor moves bill to second and third reading and asks house for support
- Ms. Michelle Rempel3 interventions in debateexplicitly states she is here to support the bill and explains why it is consistent with government priorities
- Kevin Lamoureuxviews bill as genuine attempt to protect citizens and first responders in riot situations
- James BezanSpeaker applauds the bill for addressing public safety needs and police concerns.
- David Wilksspeaks in favour based on police experience with riots
- Rob ClarkeSpeaker backs the bill's goal of protecting rights and peace based on police experience.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights. · 2012-02-15 · Passed
How it changed on the way
83% of the text as introduced was changed or removed by the time it became law (334 words introduced, 284 passed). A committee amended it.
moderate changeintent mostly kept
The bill kept its core purpose of making it an offence to wear a mask or disguise during a riot or unlawful assembly. The only change was raising the maximum term for the indictable offence from five years to ten years.
- The maximum sentence for the indictable offence was raised.
Before: “liable to imprisonment for a term not exceeding five years.”
After: “liable to imprisonment for a term not exceeding 10 years.”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill adds clear maximum penalties and cross-references to existing Criminal Code subsections on riots and unlawful assemblies. However, the new offences hinge on the undefined phrase 'without lawful excuse' and the purpose of concealment, both of which invite argument.
Open to argument
“while wearing a mask or other disguise to conceal their identity without lawful excuse”
The term 'lawful excuse' is undefined and subjective, allowing broad dispute over what counts as justification.“mask or other disguise to conceal their identity”
Whether an item qualifies as a disguise and whether the wearer intends concealment are open to factual and interpretive debate.
Clear-cut
“liable to imprisonment for a term not exceeding 10 years”
The maximum sentence is stated as a fixed number with no further discretion granted to officials.“an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary con”
The two-tier penalty structure is set out in objective, numbered alternatives.
Discretion. No power is delegated to ministers or regulations; any discretion resides only in the courts' interpretation of 'lawful excuse' when applying the Criminal Code provisions.
Challenging the law itself. The undefined 'lawful excuse' and purpose element could support a vagueness or overbreadth argument under section 7 of the Charter.
Disputing a charge under it. An accused can readily dispute whether the item was worn 'to conceal' identity or whether a lawful excuse existed, both of which turn on subjective elements.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
The evidence has not been searched yet.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.