The intent, colleagues, behind this inclusion is to try to bridge the language and the intent behind Arpan Khanna's jail not bail private member's bill, Bill C-242. The language in jail not bail was to create an automatic detention for circumstances involving those charged with major offences or those who have a record within the preceding so many years of a major offence.
I appreciate the chair's clarification that whether or not CPC-3 passes, it will have implications on other parts of our amendments. It creates a definition of what a major offence is. A major offence is an offence other than a section 469 offence. A section 469 offence creates a presumption of detention the moment someone is under arrest, such as for murder or treason. That person does not have the ability to conduct a bail hearing at the provincial court level, but rather has to proceed to the superior court level should that person wish to conduct a hearing. It triggers a presumption of detention. We want the same application of that triggering to happen for those who are charged with, or who had been previously convicted of, major offences—major offences as defined by punishable by life; convictions of 10 years or more, or more than five years if it involves violence; and someone was harmed or could have been harmed.
As the chair has pointed out, this definition is used later by amendments CPC-6 and CPC-7 to trigger different specific bail rules.