An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

224 The Act is amended by adding the following after section 512:

Marginal note:R.S., c. 27 (1st Supp.), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)

• 225 (1) Subsections 515(1) to (2.1) of the Act are replaced by the following:

  Marginal note:Release order without conditions

  • 515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

  • Marginal note:Release order with conditions

    (2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,

    • (a) an indication that the release order does not include any financial obligations;

    • (b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

    • (c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

    • (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or

    • (e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.

  • Marginal note:Imposition of least onerous form of release

    (2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.

  • Marginal note:Promise to pay favoured over deposit

    (2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.

  • Marginal note:Restraint in use of surety

    (2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.

  • Marginal note:Power of justice — sureties

    (2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.

• Marginal note:1997, c. 18, s. 59(1)

  (2) Subsections 515(2.2) and (2.3) of the Act are replaced by the following:

  • Marginal note:Appearance of the accused

    (2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.

  • Marginal note:When consent required for audioconference

    (2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.

• Marginal note:1999, c. 25, s. 8(1) and (2)

  (3) Subsections 515(3) and (4) of the Act are replaced by the following:

  • Marginal note:Factors to consider

    (3) In making an order under this section, the justice shall consider any relevant factors, including,

    • (a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or

    • (b) whether the accused has been previously convicted of a criminal offence.

  • Marginal note:Conditions authorized

    (4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:

    • (a) report at specified times to a peace officer, or other person, designated in the order;

    • (b) remain within a specified territorial jurisdiction;

    • (c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (f) deposit all their passports as specified in the order;

    • (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

    • (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.

• Marginal note:1999, c. 25, s. 8(4)

  (4) Paragraph 515(4.2)(a) of the Act is replaced by the following:

  • (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

  • (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or

• Marginal note:2001, c. 41, s. 19(4)

  (5) Subparagraphs 515(6)(a)(iv) and (v) of the English version of the Act are replaced by the following:

  • (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

  • (v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),

• Marginal note:R.S., c. 27 (1st Supp.), s. 83(3)

  (6) Paragraph 515(6)(c) 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 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

  • (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or

• Marginal note:1993, c. 45, s. 8(3)

  (7) Subsections 515(7) and (8) of the Act are replaced by the following:

  • Marginal note:Release order

    (7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.