JUST Committee Report

New Clause 6.1

That Bill C-14 be amended by adding after line 22 on page 2 the following new clause:

“6.1 (1) Subsection 269.01(1) of the Act is replaced by the following:

269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit employee engaged in the performance of his or her duty.

(2) The definition public transit operator in subsection 269.01(2) of the Act is replaced by the following:

public transit employee means an individual who works for, or is contracted to work for, an organization that provides passenger transportation services to the public. (employé des services de transport en commun)”

New Clause 11.1

That Bill C-14 be amended by adding after line 35 on page 3 the following:

“11.1 Paragraph 485.2(7)(c) of the Act is replaced by the following:

(c) set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).”

Clause 14

That Bill C-14, in Clause 14, be amended by replacing line 32 on page 4 with the following:

“one to whom subsection 515(6), 522(2), 523(2.1) or 524(4) ap-”

New Clauses 15.1 and 15.2

That Bill C-14 be amended by adding after line 16 on page 5 the following:

“15.1 Subsection 500(2) of the Act is replaced by the following:

(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsections 524(4) and (6.2) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.

15.2 Paragraph 501(1)(c) of the Act is replaced by the following:

(c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsections 524(4) and (6.2).”

New Clause 20.1

That Bill C-14 be amended by adding after line 21 on page 6 the following:

“20.1 Subsection 509(4) of the Act is replaced by the following:

(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).”

Clause 23

That Bill C-14, in Clause 23, be amended by adding after line 6 on page 7 the following:

“(1.1) Section 515 of the Act is amended by adding the following after subsection (2.1):

(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.”

That Bill C-14, in Clause 23, be amended by adding after line 32 on page 9 the following:

“(xii.1) that is an offence in the commission of which violence was allegedly used and that would constitute the accused’s third or subsequent indictable offence in the commission of which violence was used,”

Clause 29

That Bill C-14, in Clause 29, be amended by replacing line 38 on page 14 to line 16 on page 15 with the following:

“(3) Subsection 524(4) of the Act is replaced by the following:

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall, in the following circumstances, 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 under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection:

(a) the judge or justice found under paragraph (3)(a) that the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order;

(b) the judge or justice found under paragraph (3)(b) that there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order; or

(c) any of the outstanding charges against the accused include charges for an offence referred to in subsection 515(6) or 522(2).

(4) Section 524 of the Act is amended by adding the following after subsection (5):

(5.1) For the purposes of subsection (5), subsection 515(2.01) does not apply to an accused referred to in subsection (4).

(5) Section 524 of the Act is amended by adding the following after subsection (6):

(6.1) If the judge or justice cancels the summons, appearance notice, undertaking or release order in respect of an accused to whom subsection (4) does not apply, the judge or justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order referred to in subsection 515.

(6.2) If the judge or justice does not make a release order under subsection (6.1), they shall make a detention order referred to in section 515.

(6) Subsections 524(9) and (10) of the Act are replaced by the following:

(9) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.

(10) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.”

New Clause 34.1

That Bill C-14 be amended by adding after line 12 on page 17 the following:

“34.1 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5), (6.1) or (6.2) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,”

Clause 47

That Bill C-14, in Clause 47, be amended by replacing line 8 on page 22 with the following:

“sult, you may be detained in custody (subsections 524(4) and (6.2)”

Clause 49

That Bill C-14, in Clause 49, be amended by

(a) replacing lines 20 and 21 on page 22 with the following:

“49 Paragraphs (d) and (e) of Form 8 of Part XXVIII of the Act are replaced by the following:

□ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3), (4) and (6.2)];”

(b) replacing lines 26 and 27 on page 22 with the following:

“the accused in custody is justified [515(10), 524(3), (4) and (6.2)];”

Clause 50

That Bill C-14, in Clause 50, be amended by replacing line 36 on page 22 with the following:

“(subsections 524(4) and (6.2) of the Criminal Code).”

Clause 51

That Bill C-14, in Clause 51, be amended by replacing line 12 on page 23 with the following:

“tions 524(4) and (6.2) of the Criminal Code).”

Clause 53

That Bill C-14, in Clause 53, be amended by replacing line 15 on page 25 with the following:

“tions 524(4) and (6.2) of the Criminal Code).”

Clause 58

That Bill C-14, in Clause 58, be amended by

(a) replacing line 21 on page 26 with the following:

“Criminal Code, as enacted by sections 8, 9, 11, 37, 40”

(b) replacing lines 31 and 32 on page 26 with the following:

“Criminal Code, as enacted by sections 10, 34 to 36, 38 and 39, also apply with respect to any matter”

New Clause 58.1

That Bill C-14 be amended by adding after line 34 on page 26 the following new clause:

“R.S., c. J-2

Department of Justice Act

58.1 The Department of Justice Act is amended by adding the following after section 4.2:

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.

(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.”

Clause 59

That Bill C-14, in Clause 59, be amended by adding after line 5 on page 27 the following:

“(2) The definition violent offence in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) an offence committed by a young person involving the use or trafficking of a firearm. (infraction avec violence)”

Clause 70

That Bill C-14, in Clause 70, be amended by replacing line 20 on page 30 with the following:

“diate publication is necessary for all of the following rea‐”

New Clause 81.1

That Bill C-14 be amended by adding after line 16 on page 34 the following new clause:

“Review of Act

81.1 (1) As soon as possible after the fifth anniversary of the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

(2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.”

Clause 82

That Bill C-14, in Clause 82, be amended by replacing lines 17 to 21 and the heading before line 17 on page 34 with the following:

“Transitional Provisions

82 (1) For greater certainty, the provisions of the National Defence Act, as enacted by sections 79 and 80, also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

(2) For greater certainty, section 302 of the National Defence Act, as enacted by section 81, applies only with respect to an offence that is committed on or after the day on which that section 81 comes into force.”