Bill S-217

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Summary
BILL S-217
EXPLANATORY NOTES

First Session, Forty-second Parliament,

64 Elizabeth II, 2015-2016

SENATE OF CANADA

BILL S-217
An Act to amend the Criminal Code (detention in custody)

FIRST READING, February 3, 2016

THE HONOURABLE SENATOR Runciman

4211524

SUMMARY

This enactment amends the Criminal Code to

(a) expand the grounds for the justification of detention in custody;

(b) require that, in any proceeding under section 515, the prosecutor lead evidence to prove the fact that the accused has failed to appear in court when required to do so and the fact that the accused has previously been convicted of a criminal offence or has been charged with and is awaiting trial for another criminal offence; and

(c) require that a court, when exercising its discretion to grant credit for time spent in custody in determining the sentence to be imposed on a person convicted of an offence, consider the reasons for detaining the person in custody.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

1st Session, 42nd Parliament,

64 Elizabeth II, 2015-2016

SENATE OF CANADA

BILL S-217

An Act to amend the Criminal Code (detention in custody)

R.‍S.‍, c. C-46

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

1 Paragraph 515(10)‍(c) of the Criminal Code is amended by striking out “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iv):

Start of inserted block
(v) the fact that the accused has failed to appear in court on one or more occasions when required to do so, and
(vi) the fact that the accused has previously been convicted of a criminal offence or has been charged with and is awaiting trial for another criminal offence.
End of inserted block

2 Paragraph 518(1)‍(c) of the Act is replaced by the following:

(c) the prosecutor Insertion start shall Insertion end , in addition to any other relevant evidence, lead evidence
- (i) to prove Insertion start the fact Insertion end that the accused has previously been convicted of a criminal offence,
- (ii) to prove Insertion start the fact Insertion end that the accused has been charged with and is awaiting trial for another criminal offence,
- (iii) to prove Insertion start the fact Insertion end that the accused has previously committed an offence under section 145,
- (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused Insertion start , or Insertion end
- Start of inserted block
  (v) to prove the fact that the accused has failed to appear in court on one or more occasions when required to do so;
  End of inserted block

3 Section 719 of the Act is amended by adding the following after subsection (3):

Considerations

(3.‍01) In exercising its discretion under subsection (3), a court shall take into account that the person was detained in custody for the reasons stated in the record referred to in subsection 515(9.‍1).

Published under authority of the Senate of Canada

EXPLANATORY NOTES

Criminal Code

Clause 1: Existing text of relevant portions of subsection 515(10):

Justification for detention in custody

(10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

. . .
(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
- . . .
- (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
- (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

Clause 2 : Existing text of relevant portions of subsection 518(1):

Inquiries to be made by justice and evidence

518 (1) In any proceedings under section 515,

. . .
(c) the prosecutor may, in addition to any other relevant evidence, lead evidence
- (i) to prove that the accused has previously been convicted of a criminal offence,
- (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,
- (iii) to prove that the accused has previously committed an offence under section 145, or
- (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

Clause 3 : New.