First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
HOUSE OF COMMONS OF CANADA |
An Act to amend the Criminal Code (justification for detention in custody)
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FIRST READING, February 9, 2023
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Mr. Caputo |
This enactment amends the Criminal Code to increase the burden that an accused must satisfy, in certain exceptional circumstances, to establish that their detention in custody is not justified.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
HOUSE OF COMMONS OF CANADA |
BILL C-313 |
An Act to amend the Criminal Code (justification for detention in custody) |
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
(a) the detention is not necessary to ensure the accused’s attendance in court in order to be dealt with according to law;
(b) there is minimal likelihood that 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 any likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) there is minimal likelihood that the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including those set out in subparagraphs (10)(c)(i) to (iv).
End of inserted block(a) the accused is charged with an offence under section 85, 87, 95, 96, 98, 98.1, 99, 100, 102, 103, 108, 244, 244.1 or 244.2 or paragraph 344(1)(a); and
(b) the offence is alleged to have been committed while the accused was subject to
(i) an order made under section 109, or
(ii) an order made under section 110 prohibiting the person from possessing any firearm.
End of inserted block[515(10) Insertion start or (10.1) Insertion end , 523.1(3), 524(3) and (4)]
[515(10) Insertion start or (10.1) Insertion end , 524(3) and (4)]
Published under authority of the Speaker of the House of Commons
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