This enactment amends the Criminal Code to increase the burden that an accused must satisfy, in certain exceptional circumstances, to establish that their detention in custody is not justified.

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

Principle of restraint

493.‍1  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start Subject to subsection (2), in Insertion end making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.‍1) or 515(10), as the case may be.

Exception

(2) Subsection (1) does not apply in the circumstances set out in subsection 515(10.‍2).

Detention in custody not justified

(10.‍1) Despite subsection (10), in the circumstances set out in subsection (10.‍2), the detention of an accused in custody is justified unless the accused establishes, to the satisfaction of the justice, that

• (a) the detention is not necessary to ensure the accused’s attendance in court in order to be dealt with according to law;

• (b) there is minimal likelihood that the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

• (c) there is minimal likelihood that the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including those set out in subparagraphs (10)‍(c)‍(i) to (iv).

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Exceptional circumstances

(10.‍2) The circumstances for the purposes of subsection (10.‍1) are that

• (a) the accused is charged with an offence under section 85, 87, 95, 96, 98, 98.‍1, 99, 100, 102, 103, 108, 244, 244.‍1 or 244.‍2 or paragraph 344(1)‍(a); and

• (b) the offence is alleged to have been committed while the accused was subject to

  • (i) an order made under section 109, or

  • (ii) an order made under section 110 prohibiting the person from possessing any firearm.

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Detention

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) Insertion start or (10.‍1), as the case may be Insertion end .

Release order

(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10) Insertion start or (10.‍1), as the case may be Insertion end , the judge shall make a release order referred to in section 515.