Bill C-242: An Act to amend the Criminal Code and the Department of Justice Act

Short Title Short title 1 This Act may be cited as the Jail Not Bail Act . R.S., c. C- 46 Criminal Code 2 Section 493 of the Criminal Code is amended by adding the following in alphabetical order: first responder  means any of the following persons, whether employed or formally engaged on a volunteer basis: (a) a firefighter; (b) a paramedic; (c) an emergency medical technician; or (d) any other class of persons listed in the regulations. ( premier intervenant ) major offence  means an offence mentioned in any of subparagraphs 515(6)(a)(i) to (iii) or (vi) to (viii) or in paragraph 515(6)(b.1), (b.2), (c) or (d). ( infraction majeure ) 3 The Act is amended by adding the following after section 493: Regulations 493. 01 The Governor in Council may make regulations listing any class of persons for the purpose of paragraph (d) of the definition first responder in section 493. 4 Section 493.1 of the Act is replaced by the following: Principle of public safety and protection 493. 1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the protection and safety of the public . 5 (1) The portion of subsection 498(1) of the Act before paragraph (a) is replaced by the following: Release from custody — arrest without warrant 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than a major offence or an offence listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if (2) Paragraph 498(1.1)(a) of the Act is amended by striking out “or” at the end of subparagraph (iii) and adding the following after subparagraph (iv): (v) ensure the protection or safety of the public; or 6 The portion of section 499 of the Act before paragraph (a) is replaced by the following: Release from custody — arrest with warrant 499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than a major offence or an offence listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if 7 (1) The portion of subsection 501(3) of the Act before paragraph (a) is replaced by the following: Additional conditions (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court, the safety and security of any victim of or witness to the offence or the protection or safety of the public , or to prevent the continuation or repetition of the offence or the commission of another offence: (2) Section 501 of the Act is amended by adding the following after subsection (3): Mandatory condition — non-residents (3.1) If the accused is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , the undertaking must require that the accused deposit all their passports with a peace officer or other specified person. 8 The portion of subsection 503(1.1) of the Act before paragraph (a) is replaced by the following: Re-evaluation of detention (1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not a major offence or an offence listed in section 469 is no longer necessary shall release the person, if 9 (1) Section 515 of the Act is amended by adding the following after subsection (2.1): Prohibition — surety with criminal record (2.11) Despite subsection (2.1), a judge, justice or court shall not name a person as surety if the person was convicted of an indictable offence within ten years before the day on which the release order is made. (2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and adding the following after paragraph (b): (c) whether or not the accused is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and, if not, whether it is reasonably foreseeable that they may attempt to leave the country. (3) Subparagraph 515(6)(a)(vii) of the Act is replaced by the following: (vii) that is an offence under section 244 or 244.2, (vii.1) that is an offence under section 239, (vii.2) that is an offence under section 272 or 273, (vii.3) that is an offence under sections 279, 279.01, 279.011. 279.1, 280, 281, 282 or 283, in the commission of which violence was allegedly used, (vii.4) that is an offence under subsection 333.1(3) or section 344 or 346, (vii.5) that is an offence under section 348 or 349, in the commission of which violence was allegedly used against the occupants of the dwelling-house, (vii.6) that is an offence under section 433, 434, 434.1 or 435, (vii.7) that is alleged to involve violence against a peace officer or a first responder, or (4) Section 515 of the Act is amended by adding the following after subsection (6.1): Mandatory condition — non-residents (6.2) If the justice orders that an accused to whom subsection (6) applies be released and the accused is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , the justice shall add to the order a condition that the accused deposit all their passports as specified in the order. (5) Paragraph 515(10)(b) of the Act is replaced by the following: (b) if 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 (i) whether it is reasonably foreseeable that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice, and (ii) the criminal history of the accused, with particular attention to convictions for major offences, past failures to comply with the conditions of a judicial interim release order and any history of reoffending while at large on a release order; and (6) Section 515 of the Act is amended by adding the following after subsection (11): Detention in custody for recidivism (11.1) If an accused who is charged with a major offence is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law, if (a) at the time the offence is alleged to have been committed, the accused was at large after being released in respect of another major offence; and (b) the accused was convicted of a major offence within ten years before the day on which they were charged with the current offence. 10 Subsection 518(2) of the Act is replaced by the following: Release pending sentence — summary offence (2) If , before or at any time during the course of any proceedings under section 515, the accused pleads guilty to a summary offence and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced. Detention pending sentence — indictable offence (3) If, before or at any time during the course of any proceedings under section 515, the accused pleads guilty to an indictable offence and that plea is accepted, the 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 within the meaning of subsection 515(10). 11 (1) Subsections 522(1) and (2) of the Act are replaced by the following: Interim release by judge only 522 (1) If an accused is charged with an offence listed in section 469 or is detained in custody in accordance with subsection 515(11.1) , no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged or detained , may release the accused before or after the accused has been ordered to stand trial. Idem (2) If an accused is charged with an offence listed in section 469 or is detained in custody in accordance with subsection 515(11.1) , a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged or detained shall order that the accused be or remain 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 within the meaning of subsection 515(10). (2) Subsection 522(6) of the Act is replaced by the following: Other offences (6) If an accused is charged with an offence mentioned in section 469 or with an offence that results in their being detained in custody in accordance with subsection 515(11.1) and is also charged with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence. 12 (1) Subsection 523(1) of the Act is amended by striking out “or” at the end of paragraph (a) and adding the following after paragraph (a): (a.1) if the accused is, at his trial, determined to be guilty of an indictable offence, until his trial is completed unless, having been given a reasonable opportunity to do so, he shows cause why his detention in custody is not justified within the meaning of subsection 515(10); or (2) Subparagraph 523(1)(b)(ii) of the Act is replaced by the following: (ii) if the accused is, at his trial, determined to be guilty of a summary offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence. (3) Subparagraph 523(2)(c)(ii) of the Act is replaced by the following: (ii) if the accused is charged with an offence listed in section 469 or with an offence that results in the accused being detained in custody in accordance with subsection 515(11.1) , a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or (4) Subsection 523(3) of the Act is replaced by the following: Provisions applicable to proceedings under subsection (2) (3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469 or with an offence that results in the accused being detained in custody in accordance with subsection 515(11.1) . 13 Subsection 771(2) of the Act is replaced by the following: Order of judge (2) If subsection (1) has been complied with, the judge shall , after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper. R.S., c. J- 2 Department of Justice Act 14 The Department of Justice Act is amended by adding the following after section 4.2: Annual report — judicial interim release 4.3 (1) Every year, the Minister shall prepare a report on the state of judicial interim release in Canada and cause it to be tabled in each House of Parliament on any of the first 15 sitting days of that House after January 1. Contents (2) The report must include the following: (a) data on judicial interim release outcomes, including in respect of compliance with release conditions, recidivism by accused at large on release orders, and incidents requiring public attention; (b) an analysis of the effectiveness of release conditions; and (c) data on the accessibility of judicial interim release and disparities between different groups.