Bill C-247 (Historical)

An Act to amend the Criminal Code (bail for persons charged with violent offences), the Extradition Act and the Youth Criminal Justice Act

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.

Criminal Code

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

moved for leave to introduce Bill C-247, An Act to amend the Criminal Code (bail for persons charged with violent offences), the Extradition Act and the Youth Criminal Justice Act.

Mr. Speaker, this private member's bill amends the Criminal Code. It would repeal section 522(1) of the Criminal Code. It would remove the power of a judge of a supreme or superior court of criminal jurisdiction to grant interim release to a person accused of one of the very serious offences listed in section 469 of the Criminal Code. These sections are under section 469(a): treason; alarming Her Majesty; intimidating Parliament or a legislature; inciting to mutiny; seditious offences; piracy; piratical acts; murder; the offence of being accessory after the fact to high treason or treason or murder; an offence under section 119, bribery of judicial officers; an offence under any sections 4 to 7 of the crimes against humanity and war crimes; and the offence of attempting to commit any offence mentioned in any of the sub-paragraphs.

The bill would also prohibit the interim release of a person accused of an offence under section 264, criminal harassment: sexual assault with a weapon, threats to a third party or causing bodily harm; or aggravated sexual assault if there is either direct evidence or predication.

The bill would provide that an application for the interim release of a person is brought before a justice and, if that justice is satisfied that there is credible or trustworthy evidence of identification of the accused by a witness or witnesses, the application must be refused.

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

(Motions deemed adopted, bill read the first time and printed)