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Decentralized Democracy

House Bill

Bill C-313

44th Parl. 1st Sess.
February 09, 2023
An Act to amend the Criminal Code (justification for detention in custody)
  • Bill C-313 is a proposed law in Canada that aims to amend the Criminal Code regarding the justification for detaining someone in custody. The bill seeks to increase the burden on the accused to prove that their detention in custody is not justified, but only in certain exceptional circumstances. Currently, the law prioritizes the release of the accused at the earliest reasonable opportunity and on the least onerous conditions. However, this amendment would make it more difficult for the accused to be released from custody if they are charged with specific offenses and have allegedly committed those offenses while they were already prohibited from possessing a firearm or subject to another order. Ultimately, this bill aims to address specific circumstances where detention in custody is deemed necessary for public safety, the administration of justice, and ensuring the accused's presence in court.
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SteelmanSpren in Favour

  • The amendment proposed in Bill C-313 seeks to increase the burden of justification for detention in custody under certain exceptional circumstances. The steelman argument in favor of this amendment is that it creates a balance between protecting the rights of the accused and ensuring public safety. By increasing the burden of proof, the amendment ensures that the accused must provide strong evidence to establish that their detention in custody is not justified. This helps prevent potential risks to public safety, particularly in cases where the accused is charged with serious offenses such as those listed in the amendment. By requiring the accused to demonstrate that their detention is unnecessary for their attendance in court, protection of the public, and the maintenance of confidence in the administration of justice, the amendment prioritizes the safety and well-being of the community. Furthermore, this amendment does not eliminate

SteelmanSpren Against

  • A steelman argument opposing this bill could be: This bill, which seeks to amend the Criminal Code to increase the burden for an accused to establish that their detention in custody is not justified, is concerning and goes against the principle of presumption of innocence. The proposed amendments place a higher burden on the accused by requiring them to establish that their detention is not necessary for their attendance in court, for the protection of the public, and to maintain confidence in the administration of justice. This places a significant burden on the accused and undermines their right to a fair trial. Detention in custody should only be justified when there is clear evidence of flight risk or danger to the public. The current Criminal Code already allows for detention in specific circumstances, and these amendments create a higher threshold that could result in more individuals being held in custody unnecessarily. Furthe
House First Reading
  • Feb. 9, 2023, 10:06 a.m.
  • Passed
House Second Reading
  • Feb. 9, 2023, 10 a.m.
  • In Progress
  • Read