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This enactment repeals section 522 of the Criminal Code. This
removes the existing power of a superior criminal court judge to grant
interim release to a person accused of one of the very serious offences
listed in section 469. These are offences relating to treason, alarming
Her Majesty, intimidation of Parliament, mutiny, sedition, piracy,
bribery by a judicial officer, murder, etc.
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The enactment also forbids interim release of a person accused of an
offence under section 264 (criminal harassment), section 272 (sexual
assault with a weapon); and section 273 (aggravated sexual assault), if
there is direct evidence of identification. It provides that, if an
application for interim release of such a person is brought before a
justice, and the justice is satisfied that there is credible or trustworthy
evidence of identification of the accused by a victim or witness, the
application shall be refused.
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These amendments are carried out by sections 5 and 6. The
remaining sections are amendments to the Act necessary to make
changes that result from sections 5 and 6 and to remove references to
the process referred to in the repealed section 522.
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