An Act to amend the Criminal Code (bail reform) (S.C. 2023, c. 30)
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Assented to 2023-12-05
An Act to amend the Criminal Code (bail reform)
S.C. 2023, c. 30
Assented to 2023-12-05
An Act to amend the Criminal Code (bail reform)
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;
(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; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were 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.
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-46Criminal Code
Amendments to the Act
Marginal note: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, including any offence in the commission of which violence was used, threatened or attempted against any person.
Marginal note: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 95, 98, 98.1, 99, 100, 102 or 103,
Marginal note: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), including a release order made under this section, that prohibited the accused from possessing any of those things;
Marginal note: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 or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;
(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;
Marginal note:2015, c. 13, s. 20
(5) Subsection 515(13) of the Act is replaced by the following:
Marginal note: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 the justice considered the safety and security of every victim of the offence and the safety and security of the community when making the order.
Marginal note:Aboriginal accused or vulnerable populations
(13.1) A justice who makes an order under this section shall include in the record of proceedings a statement that sets out both how they determined whether the accused is an accused referred to in section 493.2 and their determination. If the justice determines that the accused is an accused referred to in section 493.2, they shall also include a statement indicating how they considered their particular circumstances, as required under that section.
Review by Committee
Marginal note:Fifth anniversary of royal assent
2 On 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 Senate and the standing committee of the House of Commons that normally consider matters relating to justice.
Transitional Provision
Marginal note:Clarification
3 For 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
Marginal note:Bill S-205
4 (1) Subsections (2) and (3) 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
Marginal note:30th day after royal assent
5 This Act comes into force on the 30th day after the day on which it receives royal assent.
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