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Bill C-250

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-250

An Act to amend the Criminal Code (bail in cases of assault with weapon or criminal harassment)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, c. 5

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

1. Subsection 515(1) of the Criminal Code is replaced by the following:

Release on undertaking with conditions, etc.

515. (1) Subject to this section, where an accused who is charged with an offence other than

    (a) an offence listed in section 469, or

    (b) an offence under section 264, 272 or 273, where the victim or a person who witnessed the offence has made a statement on oath or by solemn affirmation identifying the accused as the person who committed the offence,

is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made, and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.

Cases where no release permitted

(1.1) Where an accused is

    (a) charged with an offence listed in section 469, or

    (b) charged with an offence under section 264, 272 or 273 and the victim or a person who witnessed the offence has made a statement on oath or by solemn affirmation identifying the accused as the person who committed the offence,

no court, judge or justice may release the accused before or after the accused has been ordered to stand trial.

2. Section 522 of the Criminal Code is repealed.