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Bill C-48

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-48
An Act to amend the Criminal Code (bail reform)

FIRST READING, May 16, 2023

MINISTER OF JUSTICE

91154


SUMMARY

This enactment amends the Criminal Code to, among other things,

(a)create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;

(b)add certain firearms offences to the existing reverse onus provisions;

(c)expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence; and

(d)require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered.

This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-48

An Act to amend the Criminal Code (bail reform)

Preamble

Whereas Canada’s criminal justice system contributes to a safe, peaceful and prosperous society and the bail system plays a critical role in achieving this objective;

Whereas the criminal justice system, including the bail system, is a shared responsibility between the federal, provincial and territorial governments;

Whereas repeated acts of violence, serious offences committed with firearms or other weapons and random acts of violence all have a harmful impact on victims and communities and undermine public safety and confidence in the criminal justice system;

Whereas a proper functioning bail system is necessary to maintain confidence in the criminal justice system, including in the administration of justice;

Whereas a proper functioning bail system respects and upholds the rights guaranteed by the Canadian Charter of Rights and Freedoms, including the presumption of innocence, the right to liberty and the right not to be denied reasonable bail without just cause;

Whereas detention is justified when it is necessary according to the grounds for detention set out in the Criminal Code, including for the protection of public safety and to maintain confidence in the administration of justice;

Whereas bail decisions are informed by other important considerations, such as the need to consider the particular circumstances of accused persons, including those from populations that face disadvantages at the bail stage and are overrepresented in the criminal justice system;

And whereas confidence in the administration of justice is eroded in cases when accused persons are released on bail while their detention is justified, including because of risks to public safety, or when accused persons are unnecessarily detained;

Now, therefore, His 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

Amendments to the Act

2019, c. 25, s. 225(3)

1(1)Paragraph 515(3)‍(b) of the Criminal Code is replaced by the following:

  • (b)whether the accused has been previously convicted of a criminal offence, Insertion start including any offence in the commission of which violence was used, threatened or attempted against any person Insertion end .

2008, c. 6, s. 37(2)

(2)Subparagraph 515(6)‍(a)‍(vi) of the Act is replaced by the following:

  • (vi)that is an offence under section Insertion start 95, 98, 98.‍1 Insertion end , 99, 100, Insertion start 102 Insertion end or 103,

2008, c. 6, s. 37(2)

(3)Subparagraph 515(6)‍(a)‍(viii) of the Act is replaced by the following:

  • (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, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1), Insertion start including a release order made under this section, that prohibited the accused from possessing any of those things Insertion end ;

2019, c. 25, s. 225(6)

(4)Paragraph 515(6)‍(b.‍1) of the Act is replaced by the following:

  • (b.‍1)with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted Insertion start or discharged under section 730 Insertion end of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

  • Start of inserted block

    (b.‍2)with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within five years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more;

    End of inserted block

2015, c. 13, s. 20

(5)Subsection 515(13) of the Act is replaced by the following:

Victim’s and community’s safety and security
(13)A justice who makes an order under this section shall include in the record of the proceedings a statement that Insertion start the justice Insertion end considered the safety and security of every victim of the offence Insertion start and the safety and security of the community Insertion end when making the order.

Review by Committee

Fifth anniversary of royal assent

2On the fifth anniversary of the day on which this Act receives royal assent, or as soon as feasible after that anniversary, the provisions enacted or amended by this Act are to be referred to the standing committee of the House of Commons that normally considers matters relating to justice.

Transitional Provision

Clarification

3For greater certainty, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.

Coordinating Amendments

Bill S-205

4(1)Subsections (2) to (4) apply if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) (in this section referred to as the “other Act”), receives royal assent.
(2)If subsection 1(4) of this Act comes into force before subsection 1(3) of the other Act, then that subsection 1(3) is repealed.
(3)If subsection 1(3) of the other Act comes into force on the same day as subsection 1(4) of this Act, then that subsection 1(3) is deemed to have come into force before that subsection 1(4).

Coming into Force

30th day after royal assent

5This Act comes into force on the 30th day after the day on which it receives royal assent.

Published under authority of the Speaker of the House of Commons



EXPLANATORY NOTES

Criminal Code
Clause 1: (1)Relevant portion of subsection 515(3):

(3)In making an order under this section, the justice shall consider any relevant factors, including,

  • .‍.‍. 

  • (b)whether the accused has been previously convicted of a criminal offence.

(2) to (4)Relevant portion of subsection 515(6):

(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,

    • .‍.‍. 

    • (vi)that is an offence under section 99, 100 or 103,

    • .‍.‍. 

    • (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, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

  • .‍.‍. 

  • (b.‍1)with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

(5)Existing text of subsection 515(13):

(13)A justice who makes an order under this section shall include in the record of the proceedings a statement that he or she considered the safety and security of every victim of the offence when making the order.


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