task6_model_deployment/assets/C-48_4.txt

Page 1 
First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 30
An Act to amend the Criminal Code (bail
reform)
ASSENTED TO
DECEMBER 5, 2023
BILL C-48

Page 2 
SUMMARY
This enactment amends the Criminal Code to, among other
things,
(a) create a reverse onus provision for any person charged
with a serious offence involving violence and the use of a
weapon who has been convicted, within the last five years, of
a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus
provisions;
(c) expand the reverse onus provision for offences involving
intimate partner violence to ensure that it applies to an ac-
cused person who has been previously discharged for such
an offence;
(d) require the court to consider if an accused person has any
previous convictions involving violence and to include in the
record a statement that the safety and security of the commu-
nity was considered; and
(e) require the court to include in the record a statement set-
ting out how the court determined whether the accused is
Aboriginal or belongs to a vulnerable population and, if so,
how the particular circumstances of the accused were consid-
ered.
This enactment also makes further clarifications and provides for
a parliamentary review of the provisions it enacts or amends to
commence on the fifth anniversary of the day on which it re-
ceives royal assent, or as soon as feasible after that anniversary.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023

Page 3 
70-71 ELIZABETH II – 1-2 CHARLES III
CHAPTER 30
An Act to amend the Criminal Code (bail reform)
[Assented to 5th December, 2023]
Preamble
Whereas Canada’s criminal justice system con-
tributes to a safe, peaceful and prosperous society
and the bail system plays a critical role in achieving
this objective;
Whereas the criminal justice system, including the
bail system, is a shared responsibility between the
federal, provincial and territorial governments;
Whereas repeated acts of violence, serious offences
committed with firearms or other weapons and ran-
dom acts of violence all have a harmful impact on
victims and communities and undermine public safe-
ty and confidence in the criminal justice system;
Whereas a proper functioning bail system is neces-
sary to maintain confidence in the criminal justice
system, including in the administration of justice;
Whereas a proper functioning bail system respects
and upholds the rights guaranteed by the Canadian
Charter of Rights and Freedoms, including the pre-
sumption of innocence, the right to liberty and the
right not to be denied reasonable bail without just
cause;
Whereas detention is justified when it is necessary
according to the grounds for detention set out in the
Criminal Code, including for the protection of public
safety and to maintain confidence in the administra-
tion of justice;
Whereas bail decisions are informed by other impor-
tant considerations, such as the need to consider the
particular circumstances of accused persons, includ-
ing those from populations that face disadvantages
at the bail stage and are overrepresented in the crimi-
nal justice system;
And whereas confidence in the administration of jus-
tice is eroded in cases when accused persons are re-
leased on bail while their detention is justified,
2021-2022-2023

Page 4 
including because of risks to public safety, or when
accused persons are unnecessarily detained;
Now, therefore, His 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
Amendments to the Act
2019, c. 25, s. 225(3)
1 (1) Paragraph 515(3)(b) of the Criminal Code is
replaced by the following:
(b) whether the accused has been previously convicted
of a criminal offence, including any offence in the
commission of which violence was used, threatened or
attempted against any person.
2008, c. 6, s. 37(2)
(2) Subparagraph 515(6)(a)(vi) of the Act is re-
placed by the following:
(vi) that is an offence under section 95, 98, 98.1, 99,
100, 102 or 103,
2008, c. 6, s. 37(2)
(3) Subparagraph 515(6)(a)(viii) of the Act is re-
placed by the following:
(viii) that is alleged to involve, or whose subject-
matter is alleged to be, a firearm, a cross-bow, a
prohibited weapon, a restricted weapon, a prohibit-
ed device, any ammunition or prohibited ammuni-
tion or an explosive substance, and that is alleged
to have been committed while the accused was un-
der a prohibition order within the meaning of sub-
section 84(1), including a release order made under
this section, that prohibited the accused from pos-
sessing any of those things;
2019, c. 25, s. 225(6)
(4) Paragraph 515(6)(b.1) of the Act is replaced by
the following:
2021-2022-2023
Chapter 30: An Act to amend the Criminal Code (bail reform)
Criminal Code
Preamble – Section  
1

Page 5 
(b.1) with an offence in the commission of which vio-
lence was allegedly used, threatened or attempted
against their intimate partner, and the accused has
been previously convicted or discharged under section
730 of an offence in the commission of which violence
was used, threatened or attempted against any inti-
mate partner of theirs;
(b.2) with an offence in the commission of which vio-
lence was allegedly used, threatened or attempted
against a person with the use of a weapon, and the ac-
cused has been previously convicted, within five years
of the day on which they were charged for that offence,
of another offence in the commission of which vio-
lence was also used, threatened or attempted against
any person with the use of a weapon, if the maximum
term of imprisonment for each of those offences is 10
years or more;
2015, c. 13, s. 20
(5) Subsection 515(13) of the Act is replaced by the
following:
Victim’s and community’s safety and security
(13) A justice who makes an order under this section
shall include in the record of the proceedings a statement
that the justice considered the safety and security of ev-
ery victim of the offence and the safety and security of
the community when making the order.
Aboriginal accused or vulnerable populations
(13.1) A justice who makes an order under this section
shall include in the record of proceedings a statement
that sets out both how they determined whether the ac-
cused is an accused referred to in section 493.2 and their
determination. If the justice determines that the accused
is an accused referred to in section 493.2, they shall also
include a statement indicating how they considered their
particular circumstances, as required under that section.
Review by Committee
Fifth anniversary of royal assent
2 On the fifth anniversary of the day on which
this Act receives royal assent, or as soon as feasi-
ble after that anniversary, the provisions enacted
or amended by this Act are to be referred to the
standing committee of the Senate and the stand-
ing committee of the House of Commons that
normally consider matters relating to justice.
2021-2022-2023
Chapter 30: An Act to amend the Criminal Code (bail reform)
Criminal Code
Amendments to the Act
Sections 1-2

Page 6 
Transitional Provision
Clarification
3 For greater certainty, the amendments made
by this Act also apply with respect to proceedings
that are ongoing on the day on which this Act
comes into force.
Coordinating Amendments
Bill S-205
4 (1) Subsections (2) and (3) apply if Bill S-205, in-
troduced in the 1st session of the 44th Parliament
and entitled An Act to amend the Criminal Code
and to make consequential amendments to an-
other Act (interim release and domestic violence
recognizance orders) (in this section referred to
as the “other Act”), receives royal assent.
(2) If subsection 1(4) of this Act comes into force
before subsection 1(3) of the other Act, then that
subsection 1(3) is repealed.
(3) If subsection 1(3) of the other Act comes into
force on the same day as subsection 1(4) of this
Act, then that subsection 1(3) is deemed to have
come into force before that subsection 1(4).
Coming into Force
30th day after royal assent
5 This Act comes into force on the 30th day after
the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons
2021-2022-2023
Chapter 30: An Act to amend the Criminal Code (bail reform)
Criminal Code
Transitional Provision
Sections 3-5

Page 7 

Page 8 
Available on the House of Commons website
Disponible sur le site Web de la Chambre des com