C-313 – An Act to amend the Criminal Code (justification for detention in custody) – makes it harder for someone accused of certain crimes to be released on bail.
First up, C-313 applies to crimes involving the use of a firearm or trafficking of firearms, and only when the accused is charged with those crimes while on probation. When this happens the accused will need to prove to the court that being denied bail is unjustified.
The accused will need to prove three points to show their detention is unjustified:
- The detention isn’t necessary to make sure they show up to their court date
- There is minimal chance that the detention is needed for public safety
- There is minimal chance the detention is needed to maintain public confidence in the legal system.
If the accused is able to prove these three points then the courts will be expected to release them from custody.
Progress
C-313 is outside of the Order of Precedence.