First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-274
An Act to amend the Criminal Code (detention in custody)

FIRST READING, May 19, 2022

Mr. Caputo

441072


SUMMARY

This enactment amends a provision of the Criminal Code that governs judicial interim release to provide that an accused who is charged more than twice with certain indictable offences while subject to a summons, appearance notice, undertaking or release order must be detained in custody unless the judge or justice is satisfied that exceptional circumstances warrant their release.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-274

An Act to amend the Criminal Code (detention in custody)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. C-46

Criminal Code

1Subsection 524(4) of the Criminal Code is replaced by the following:

Detention

(4)If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless,

  • Insertion start (a) Insertion end having been given a reasonable opportunity to do so, the accused shows cause why their detention in custody is not justified under subsection 515(10); Insertion start or Insertion end

  • Start of inserted block

    (b)in the case of an accused who has been charged more than twice with an indictable offence punishable by five years or more of imprisonment while subject to the summons, appearance notice, undertaking or release order, the judge or justice is satisfied that exceptional circumstances warrant their release.

    End of inserted block
Published under authority of the Speaker of the House of Commons