You may be aware that a number of years ago there was a very different 515(10)(c) than the one we have now in the Criminal Code, and it was struck by the Supreme Court of Canada in a case called Morales because it did not pass the constitutional test. When it was replaced with the one we have presently—if it's of any consolation—it was criticized heavily by a lot of organizations around the country that thought it would be too broad or be too this or too that. And it has survived constitutional challenge.
It states that on any other just cause being shown, and without limiting the generality of the foregoing, where “the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances”.... And it includes the weapons you are talking about, including the apparent strength of the prosecution's case, the gravity and nature of the offence, the circumstances surrounding its commission, and the potential for a lengthy term of imprisonment.
In the section we have now, to come back to the Canadian Bar Association brief, where is the gap we have to remedy? The one we have now covers all the concerns you had. The one concern I would have about making the code specify whether there's a mandatory minimum sentence is that it may be safer to be looking at the objective gravity of the offence. Canadians have decided that certain offences merit a maximum of five years, whereas others merit a maximum of 10, 15, 25, or whatever, because we want to know which, to us, are the worst offences.
It may be wiser to key bail to the objective gravity rather than to the existence of a mandatory minimum when the mandatory minimums may not apply to the crimes that have the highest objective gravity.
The fear I would have is that by concentrating on the mandatory minimums, we may forget the presumption of innocence, for starters, but also, we may concentrate on something that does not necessarily mean there is no bail for the most serious offences in the Criminal Code. So that was my only concern with that.