Bill Detail
An Act to amend the Criminal Code (justification for detention in custody)
This enactment amends the Criminal Code to increase the burden that an accused must satisfy, in certain exceptional circumstances, to establish that their detention in custody is not justified.
This bill proposes changes to Canada's Criminal Code concerning when an accused person can be held in custody before trial. Currently, the focus is on releasing people unless there's a good reason to detain them. This bill would shift that balance for certain serious offences, particularly those involving firearms or committed while under a firearms prohibition.
Under the proposed changes, if an accused is charged with specific firearm-related offences or other listed serious crimes and was already subject to a firearms prohibition, they would have a harder time proving they should be released from custody before their trial. The onus would be on the accused to show why their continued detention is not necessary to ensure they show up for court, protect the public, or maintain confidence in the justice system. This primarily affects individuals accused of these specific, serious offences.