C-247
First Session, Fortieth Parliament,
57 Elizabeth II, 2008
HOUSE OF COMMONS OF CANADA
BILL C-247
An Act to amend the Criminal Code (bail for persons charged with violent offences), the Extradition Act and the Youth Criminal Justice Act
first reading, December 3, 2008
NOTE
3rd Session, 40th Parliament
This bill was introduced during the First Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Kramp
401144
SUMMARY
This enactment repeals section 522 of the Criminal Code to remove the power of a judge of a superior court of criminal jurisdiction to grant interim release to a person accused of one of the very serious offences listed in section 469. These offences are
(a) an offence under any of the following sections:
(i) section 47 (treason),
(ii) section 49 (alarming Her Majesty),
(iii) section 51 (intimidating Parliament or a legislature),
(iv) section 53 (inciting to mutiny),
(v) section 61 (seditious offences),
(vi) section 74 (piracy),
(vii) section 75 (piratical acts), or
(viii) section 235 (murder);
(b) the offence of being an accessory after the fact to high treason or treason or murder;
(c) an offence under section 119 (bribery of judicial officers);
(c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
(d) the offence of attempting to commit any offence mentioned in any of subparagraphs (a)(i) to (vii); and
(e) the offence of conspiring to commit any offence mentioned in paragraph (a).
The enactment also prohibits the interim release of a person accused of an offence under section 264 (criminal harassment), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault), if there is direct evidence of identification. It provides that, if an application for the interim release of such a person is brought before a justice, and the justice is satisfied that there is credible or trustworthy evidence of identification of the accused by a victim or witness, the application must be refused.
The enactment also makes related amendments to the Extradition Act and the Youth Criminal Justice Act.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 40th Parliament,
57 Elizabeth II, 2008
house of commons of canada
BILL C-247
An Act to amend the Criminal Code (bail for persons charged with violent offences), the Extradition Act and the Youth Criminal Justice Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. The portion of subsection 145(3) of the Criminal Code before paragraph (a) is replaced by the following:
Failure to comply with condition of undertaking or recognizance
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order, is guilty of
2. The portion of subsection 499(1) of the Act before paragraph (a) is replaced by the following:
Release from custody by officer in charge where arrest made with warrant
499. (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6),
3. Subsection 503(2) of the Act is replaced by the following:
Conditional release
(2) If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence listed in section 469, release that person on the person’s giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)(b) to (d) and subsection (2.1).
4. Subsection 507(6) of the Act is replaced by the following:
Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one listed in section 469, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.
5. Subsection 515(1) of the Act is replaced by the following:
Order of Release
515. (1) Subject to this section, where an accused who is charged with an offence other than
(a) an offence listed in section 469, or 
(b) an offence under section 264, 272 or 273, where the court is satisfied that a person who was the victim of or a witness to the alleged offence has made a statement under oath or by solemn affirmation identifying the accused as the person who committed the offence and the justice, after inquiry made or evidence presented under subsection 518(1), is satisfied that the statement is credible or trustworthy in the circumstances, 
is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.
Cases where no interim release
(1.1) If an accused is charged with an offence referred to in paragraph (1)(a), or with an offence referred to in paragraph (1)(b) where the circumstances mentioned in that paragraph apply, no court, judge or justice may release the accused before or after the accused has been ordered to stand trial. 
6. Section 522 of the Act is repealed.
7. Subsection 523(1) of the Act is replaced by the following:
Period for which appearance notice, etc., continues in force
523. (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into, until his trial is completed, and if the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.
8. (1) Subsections 524(3) to (7) of the Act are replaced by the following:
Hearing
(3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.
(2) The portion of subsection 524(8) of the Act before paragraph (a) is replaced by the following:
Powers of justice after hearing
(8) Where an accused described in subsection (3) is taken before the justice and the justice finds
(3) Subsection 524(12) of the Act is replaced by the following:
Provisions applicable to proceedings under this section
(12) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under this section.
9. Subsection 672.16(3) of the Act is replaced by the following:
Presumption of custody in certain circumstances
(3) An assessment order made in respect of an accused who is detained under subsection 515(6) shall order that the accused be detained in custody under the same circumstances referred to in that subsection, unless the accused shows that custody is not justified under the terms of that subsection.
10. Subsection 679(7.1) of the Act is replaced by the following:
Release or detention pending new trial or new hearing
(7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 are exercised by a judge of the court of appeal.
11. The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Review by court of appeal
680. (1) A decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
12. Paragraphs (d) and (e) of Form 8 of the Act are replaced by the following:
(d) the accused has contravened or was about to contravene his (promise to appear or undertaking or recognizance) and the same was cancelled, and the detention of the accused in custody is justified or seems proper in the circumstances [524(8)];
(e) there are reasonable grounds to believe that the accused has after his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence and the detention of the accused in custody is justified or seems proper in the circumstances [524(8)];
13. The portion of subsection 145(3) of the Act before paragraph (a), cited in Form 12, is replaced by the following:
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction ordered under subsection 515(12) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order, is guilty of
14. The paragraph of Form 29 of the Act is replaced by the following:
Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence listed in section 469 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act.
15. Item 1 of Form 32 of the Act is replaced by the following:
1. Whereas the said ................, hereinafter called the accused, has been charged that (set out the offence in respect of which the accused has been charged);
Now, therefore, the condition of this recognizance is that if the accused attends court on .............. day, the .................. day of ........................ A.D. ..............................., at ......................... o’clock in the ................... noon and attends thereafter as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time recognizance is entered into if the accused attends at the time and place fixed by the court and attends thereafter as required by the court in order to be dealt with according to law) [515, 520, 521, 523, 524, 525, 680];
And further, if the accused (insert in Schedule of Conditions any additional conditions that are directed), the said recognizance is void, otherwise it stands in full force and effect.
1999, c. 18
EXTRADITION ACT
16. Subparagraph 18(1)(a)(i) of the Extradition Act is replaced by the following:
(i) the person, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified within the meaning of subsection 515(10) of the Criminal Code, and
2002, c. 1
YOUTH CRIMINAL JUSTICE ACT
17. Subsection 33(8) of the Youth Criminal Justice Act is replaced by the following:
Interim release by youth justice court judge only
(8) If a young person against whom proceedings have been taken under this Act is charged with an offence listed in section 469 of the Criminal Code, a youth justice court judge, but no other court, judge or justice, may, before or after the young person has been ordered to stand trial, release the young person from custody if he or she, having been given a reasonable opportunity to do so, shows cause why his or her detention in custody is not justified within the meaning of subsection 515(10) of the Criminal Code.
Order re no communication
(8.1) A youth justice court judge referred to in subsection (8) who orders that a young person be detained in custody under this section may include in the order a direction that the young person abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with the conditions specified in the order that the judge considers necessary.
Release of young person
(8.2) If the youth justice court judge does not order that the young person be detained in custody under this section, the judge may order that the young person be released on giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) of the Criminal Code with the conditions described in subsections 515(4), (4.1) and (4.2) of the Criminal Code that the judge considers desirable.
Application of sections 517, 518 and 519 of the Criminal Code
(8.3) The provisions of sections 517, 518, except subsection (2) thereof, and 519 of the Criminal Code apply, with such modifications as the circumstances require, in respect of a hearing held under subsection (8). 
Other offences
(8.4) Where a young person is charged with an offence listed in section 469 of the Criminal Code and with any other offence, a judge acting under this section may apply the provisions of this section to that other offence. 
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