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This enactment repeals section 522 of the Criminal Code. This
removes the existing power of a judge of a superior court of criminal
jurisdiction 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, inciting
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), 272 (sexual assault
with a weapon) or 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the process referred to in the repealed section 522.
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