Bill C-48: An Act to amend the Criminal Code (bail reform)

R.S., c. C- 46 Criminal Code Amendments to the Act 2019, c. 25, s. 225(3) 1 (1) Paragraph 515(3)(b) of the Criminal Code is replaced by the following: (b) whether the accused has been previously convicted of a criminal offence, including any offence in the commission of which violence was used, threatened or attempted against any person. 2008, c. 6, s. 37(2) (2) Subparagraph 515(6)(a)(vi) of the Act is replaced by the following: (vi) that is an offence under section 95, 98, 98.1, 99, 100, 102 or 103, 2008, c. 6, s. 37(2) (3) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following: (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), including a release order made under this section, that prohibited the accused from possessing any of those things; 2019, c. 25, s. 225(6) (4) Paragraph 515(6)(b.1) of the Act is replaced by the following: (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs; (b.2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within five years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more; 2015, c. 13, s. 20 (5) Subsection 515(13) of the Act is replaced by the following: Victim’s and community’s safety and security (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that the justice considered the safety and security of every victim of the offence and the safety and security of the community when making the order. Aboriginal accused or vulnerable populations (13.1) A justice who makes an order under this section shall include in the record of proceedings a statement that sets out both how they determined whether the accused is an accused referred to in section 493.2 and their determination. If the justice determines that the accused is an accused referred to in section 493.2, they shall also include a statement indicating how they considered their particular circumstances, as required under that section. Review by Committee Fifth anniversary of royal assent 2 On the fifth anniversary of the day on which this Act receives royal assent, or as soon as feasible after that anniversary, the provisions enacted or amended by this Act are to be referred to the standing committee of the Senate and the standing committee of the House of Commons that normally consider matters relating to justice. Transitional Provision Clarification 3 For greater certainty, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force. Coordinating Amendments Bill S-205 4 (1) Subsections (2) and (3) apply if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 1 (4) of this Act comes into force before subsection 1(3) of the other Act, then that subsection 1(3) is repealed. (3) If subsection 1(3) of the other Act comes into force on the same day as subsection 1 (4) of this Act, then that subsection 1(3) is deemed to have come into force before that subsection 1 (4). Coming into Force 30th day after royal assent 5 This Act comes into force on the 30th day after the day on which it receives royal assent.