Bill C-247

SUMMARY

This enactment repeals section 522 of the Criminal Code to remove the 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 offences are

(a) an offence under any of the following sections:

(i) section 47 (treason),

(ii) section 49 (alarming Her Majesty),

(iii) section 51 (intimidating Parliament or a legislature),

(iv) section 53 (inciting to mutiny),

(v) section 61 (seditious offences),

(vi) section 74 (piracy),

(vii) section 75 (piratical acts), or

(viii) section 235 (murder);

(b) the offence of being an accessory after the fact to high treason or treason or murder;

(c) an offence under section 119 (bribery of judicial officers);

(c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

(d) the offence of attempting to commit any offence mentioned in any of subparagraphs (a)(i) to (vii); and

(e) the offence of conspiring to commit any offence mentioned in paragraph (a).

The enactment also prohibits the interim release of a person accused of an offence under section 264 (criminal harassment), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault), if there is direct evidence of identification. It provides that, if an application for the 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 must be refused.

The enactment also makes related amendments to the Extradition Act and the Youth Criminal Justice Act.