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Bill C-387

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SUMMARY

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.

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.

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necessary to make changes that result from sections 5 and 6 and to remove references to the process referred to in the repealed section 522.