Detention in Custody Act (Dave Wynn's Law)

An Act to amend the Criminal Code (detention in custody)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Brent Rathgeber  Independent

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of June 4, 2015
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to require that, in any proceeding under section 515, the prosecutor lead evidence to prove that the accused has previously been convicted of a criminal offence, has been charged with and is awaiting trial for another criminal offence or has failed to appear before the court when required to do so.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Criminal CodeRoutine Proceedings

June 4th, 2015 / 10:05 a.m.
See context

Independent

Brent Rathgeber Independent Edmonton—St. Albert, AB

seconded by Mr. Hyer, moved for leave to introduce Bill C-686, An Act to amend the Criminal Code (detention in custody).

He said: Mr. Speaker, it is a pleasure for me to rise and table a private member's bill, an act to amend the Criminal Code regarding detention in custody.

The bill would be known as Dave Wynn's law, in honour of the St. Albert RCMP constable who was fatally wounded in the line of duty on January 17 of this year.

Amazingly, Constable Wynn's assailant had more than 50 criminal convictions, including breaches of court orders and failures to appear in court, and 38 outstanding charges. However, the assailant made bail without mention of his criminal past or his failures to appear, causing RCMP Commissioner Bob Paulson to publicly question the bail process and wonder how this person was “walking among us”.

Accordingly, this proposed legislation attempts to close some of the glaring loopholes in the judicial interim release or bail process by requiring the prosecution to lead evidence that the accused has previous convictions, has outstanding criminal charges, or has previously failed to appear in court.

It is a mystery how some habitual offenders can make bail, but by tightening the rules regarding the release of habitual offenders, it is hoped that all of society will be protected from those who continually flaunt the law and also the courts.

I encourage all hon. members to support Dave Wynn's law.

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