C-35
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-35
An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences)
AS PASSED
BY THE HOUSE OF COMMONSJUNE 5, 2007
90395
SUMMARY
This enactment amends the Criminal Code to provide that the accused will be required to demonstrate, when charged with certain serious offences involving firearms or other regulated weapons, that pre-trial detention is not justified in their case and to introduce additional factors relating to firearm offences that the courts must take into account in deciding whether an accused should be released or detained pending trial.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-35
An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences)
R. S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) The portion of subsection 515(6) of the Criminal Code before paragraph (a) is replaced by the following:
Order of detention
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(2) Paragraph 515(6)(a) of the Act is amended by striking out the word “or’’ at the end of subparagraph (iv) and by adding the following after subparagraph (v):
(vi) that is an offence under section 99, 100 or 103,
(vii) that is an offence under section 244, or that is an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or
(viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);
(3) The portion of subsection 515(6) of the Act after paragraph (d) is repealed.
(4) Section 515 of the Act is amended by adding the following after subsection (6):
Reasons
(6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.
1997, c. 18, s. 59(2)
(5) Paragraph 515(10)(c) of the Act is replaced by the following:
(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
(i) the apparent strength of the prosecution’s case,
(ii) the gravity of the offence,
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
