Criminal Code — C-46 515
on (2), the justice shall include in the record a statement of the reasons for not adding the condition. Additional conditions (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary; (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; (a.2) that the accused wear an electronic monitoring device, if the Attorney General makes the request; or (b) that the accused comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of those persons. Offences (4.3) The offences for the purposes of subsection (4.2) are (a) a terrorism offence; (b) an offence described in section 264 or 423.1 or subsection 423.2(1); (c) an offence in the commission of which violence against a person was used, threatened or attempted, including against the accused’s intimate partner; and (d) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act , or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act. Detention in custody (5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order. Order of detention (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged (a) with an indictable offence, other than an offence listed in section 469, (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680, (ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization, (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence, (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act , (v) that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act committed in relation to an offence referred to in subparagraph (iv), (vi) that is an offence under section 95, 98, 98.1, 99, 100, 102 or 103, (vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance