This enactment amends the Criminal Code in order to

(a) replace the principle of restraint in section 493.‍1 of the Act with the principle of protection of the public;

(b) add the protection of the public as a consideration in decisions on the release of an accused;

(c) add several violent indictable offences to the list of reverse-onus offences in subsection 515(6) of the Act for the determination of judicial interim release;

(d) create a list of major offences, composed of violent reverse-onus offences;

(e) prevent those charged with a major offence from being released after arrest by a peace officer;

(f) require that only a superior court judge may determine, on a reverse-onus basis, whether to permit the interim release of an accused if the accused was charged with a major offence while they were on release in respect of another major offence and if they were convicted of a major offence in the last ten years;

(g) provide for the expiry of the interim release of an accused upon their conviction of an indictable offence while they await sentencing;

(h) prohibit those who have been convicted of an indictable offence in the last ten years from being named as a surety;

(i) require that a justice assessing judicial interim release consider whether or not an accused is a Canadian citizen or a permanent resident and, if not, whether they may attempt to leave the country;

(j) make it a condition that those who are not Canadian citizens or permanent residents deposit their passports in order to be released whether by a peace officer after arrest or by a justice on judicial interim release; and

(k) change the standard of assessment under paragraph 515(10)‍(b) of the Act of whether an accused, if released, will commit an offence or interfere with the administration of justice from a “substantial likelihood” to “whether it is reasonably foreseeable” and require that the criminal history of an accused be taken into consideration.

It also amends the Department of Justice Act to require the Minister of Justice to prepare and table in Parliament an annual report on the state of judicial interim release in Canada.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

first responder means any of the following persons, whether employed or formally engaged on a volunteer basis:

• (a) a firefighter;

• (b) a paramedic;

• (c) an emergency medical technician; or

• (d) any other class of persons listed in the regulations.‍ (premier intervenant)

major offence means an offence mentioned in any of subparagraphs 515(6)‍(a)‍(i) to (iii) or (vi) to (viii) or in paragraph 515(6)‍(b.‍1), (b.‍2), (c) or (d).‍ (infraction majeure)

Regulations

493.‍01 The Governor in Council may make regulations listing any class of persons for the purpose of paragraph (d) of the definition first responder in section 493.

Principle of public safety and protection

493.‍1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the Insertion start protection and safety of the public Insertion end .

Release from custody — arrest without warrant

498 (1) Subject to subsection (1.‍1), if a person has been arrested without warrant for an offence, other than Insertion start a major offence or an offence Insertion end listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

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  (v) ensure the protection or safety of the public; or

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Release from custody — arrest with warrant

499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than Insertion start a major offence or an offence Insertion end listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if

Additional conditions

(3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court, the safety and security of any victim of or witness to the offence Insertion start or the protection or safety of the public Insertion end , or to prevent the continuation or repetition of the offence or the commission of another offence:

Mandatory condition — non-residents

(3.‍1) If the accused is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, the undertaking must require that the accused deposit all their passports with a peace officer or other specified person.

Re-evaluation of detention

(1.‍1) At any time before the expiry of the time referred to in paragraph (1)‍(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not Insertion start a major offence or an offence Insertion end listed in section 469 is no longer necessary shall release the person, if

Prohibition — surety with criminal record

(2.‍11) Despite subsection (2.‍1), a judge, justice or court shall not name a person as surety if the person was convicted of an indictable offence within ten years before the day on which the release order is made.

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  (c) whether or not the accused is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and, if not, whether it is reasonably foreseeable that they may attempt to leave the country.

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• (vii) that is an offence under section 244 or 244.‍2,

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  (vii.‍1) that is an offence under section 239,

• (vii.‍2) that is an offence under section 272 or 273,

• (vii.‍3) that is an offence under sections 279, 279.‍01, 279.‍011. 279.‍1, 280, 281, 282 or 283, in the commission of which violence was allegedly used,

• (vii.‍4) that is an offence under subsection 333.‍1(3) or section 344 or 346,

• (vii.‍5) that is an offence under section 348 or 349, in the commission of which violence was allegedly used against the occupants of the dwelling-house,

• (vii.‍6) that is an offence under section 433, 434, 434.‍1 or 435,

• (vii.‍7) that is alleged to involve violence against a peace officer or a first responder, or

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Mandatory condition — non-residents

(6.‍2) If the justice orders that an accused to whom subsection (6) applies be released and the accused is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, the justice shall add to the order a condition that the accused deposit all their passports as specified in the order.

• (b)  Insertion start if Insertion end the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including

• (i)  Insertion start whether it is reasonably foreseeable Insertion end that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice, and

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  (ii) the criminal history of the accused, with particular attention to convictions for major offences, past failures to comply with the conditions of a judicial interim release order and any history of reoffending while at large on a release order; and

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Detention in custody for recidivism

(11.‍1) If an accused who is charged with a major offence is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law, if

• (a) at the time the offence is alleged to have been committed, the accused was at large after being released in respect of another major offence; and

• (b) the accused was convicted of a major offence within ten years before the day on which they were charged with the current offence.

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Release pending sentence — summary offence

(2)  Insertion start If Insertion end , before or at any time during the course of any proceedings under section 515, the accused pleads guilty Insertion start to a summary offence Insertion end and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

Detention pending sentence — indictable offence

(3) If, before or at any time during the course of any proceedings under section 515, the accused pleads guilty to an indictable offence and that plea is accepted, the justice shall order that the accused be detained in custody unless the accused, 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).

Interim release by judge only

522 (1)  Insertion start If Insertion end an accused is charged with an offence listed in section 469 Insertion start or is detained in custody in accordance with subsection 515(11.‍1) Insertion end , no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged Insertion start or detained Insertion end , may release the accused before or after the accused has been ordered to stand trial.

Idem

(2)  Insertion start If Insertion end an accused is charged with an offence listed in section 469 Insertion start or is detained in custody in accordance with subsection 515(11.‍1) Insertion end , a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged Insertion start or detained Insertion end shall order that the accused be Insertion start or remain Insertion end detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why Insertion start their Insertion end detention in custody is not justified within the meaning of subsection 515(10).

Other offences

(6)  Insertion start If Insertion end an accused is charged with an offence mentioned in section 469 Insertion start or with an offence that results in their being detained in custody in accordance with subsection 515(11.‍1) Insertion end and Insertion start is also charged Insertion end with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

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  (a.‍1) if the accused is, at his trial, determined to be guilty of an indictable offence, until his trial is completed unless, having been given a reasonable opportunity to do so, he shows cause why his detention in custody is not justified within the meaning of subsection 515(10); or

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• (ii)  Insertion start if Insertion end the accused is, at his trial, determined to be guilty of Insertion start a summary Insertion end 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.

• (ii)  Insertion start if Insertion end the accused is charged with an offence listed in section 469 Insertion start or with an offence that results in the accused being detained in custody in accordance with subsection 515(11.‍1) Insertion end , a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or

Provisions applicable to proceedings under subsection (2)

(3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469 Insertion start or with an offence that results in the accused being detained in custody in accordance with subsection 515(11.‍1) Insertion end .

Order of judge

(2) If subsection (1) has been complied with, the judge Insertion start shall Insertion end , after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

Annual report — judicial interim release

4.‍3 (1) Every year, the Minister shall prepare a report on the state of judicial interim release in Canada and cause it to be tabled in each House of Parliament on any of the first 15 sitting days of that House after January 1.

Contents

(2) The report must include the following:

• (a) data on judicial interim release outcomes, including in respect of compliance with release conditions, recidivism by accused at large on release orders, and incidents requiring public attention;

• (b) an analysis of the effectiveness of release conditions; and

• (c) data on the accessibility of judicial interim release and disparities between different groups.

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