Release on Section 469 Offences

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General Principles

Under s. 522 only a superior court justice may consider the release of someone charged with an offender under s. 469.[1]

Interim release by judge only

522 (1) Where an accused is charged with an offence listed in section 469 [exclusive jurisdiction offences], no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

Idem

(2) Where an accused is charged with an offence listed in section 469 [exclusive jurisdiction offences], a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10) [justification for detention in custody].

Order re no communication

(2.1) A judge referred to in subsection (2) [order detention for 469 offences unless accused shows cause] who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary.

Release of accused

(3) If the judge does not order that the accused be detained in custody under subsection (2) [order detention for 469 offences unless accused shows cause], the judge may make a release order referred to in section 515 [judicial interim release provisions].

Order not reviewable except under section 680

(4) An order made under this section is not subject to review, except as provided in section 680 [review by court of appeal].

Application of sections 517, 518 and 519

(5) The provisions of sections 517 [Order directing matters not to be published for specified period], 518 [Inquiries to be made by justice and evidence] except subsection (2) [release on guilty plea pending sentence] thereof, and 519 [release of accused after show cause hearing] apply with such modifications as the circumstances require in respect of an application for an order under subsection (2) [order detention for 469 offences unless accused shows cause].

Other offences

(6) Where an accused is charged with an offence mentioned in section 469 [exclusive jurisdiction offences] and with any other offence, a judge acting under this section may apply the provisions of this Part [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (s. 493 to 529.5)] respecting judicial interim release to that other offence.
R.S., 1985, c. C-46, s. 522; R.S., 1985, c. 27 (1st Supp.), s. 88; 1991, c. 40, s. 32; 1994, c. 44, s. 48; 1999, c. 25, s. 10(Preamble); 2019, c. 25, s. 232.
[annotation(s) added]

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Note up: 522(1), (2), (2.1), (3), (4), (5), and (6)

Onus

The onus is upon the accused to show cause for release on a 469 offence.[2]

Detention by Provincial Court Judge

A person charged with an offence under s. 469 will be required to attend before a justice of the peace or provincial court judge under s. 503, however s. 515(11) requires them to detain the accused.

515
[omitted (1), (2), (2.01), (2.02), (2.03), (2.1), (2.2), (2.3), (3), (4), (4.1), (4.11), (4.12), (4.2), (4.3), (5), (6), (6.1), (7), (8), (9), (9.1) and (10)]

Detention in custody for offence listed in section 469

(11) Where an accused who is charged with an offence mentioned in section 469 [exclusive jurisdiction offences] is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 [forms] for the committal of the accused.
[omitted (12), (13) and (14)]
R.S., 1985, c. C-46, s. 515; R.S., 1985, c. 27 (1st Supp.), ss. 83, 186; 1991, c. 40, s. 31; 1993, c. 45, s. 8; 1994, c. 44, s. 44; 1995, c. 39, s. 153; 1996, c. 19, ss. 71, 93.3; 1997, c. 18, s. 59, c. 23, s. 16; 1999, c. 5, s. 21, c. 25, s. 8(Preamble); 2001, c. 32, s. 37, c. 41, ss. 19, 133; 2008, c. 6, s. 37; 2009, c. 22, s. 17, c. 29, s. 2; 2010, c. 20, s. 1; 2012, c. 1, s. 32; 2014, c. 17, s. 14; 2015, c. 13, s. 20; 2018, c. 16, s. 218; 2019, c. 25, s. 225.
[annotation(s) added]

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Note up: 515(11)

  1. 469 offences consist of treason, intimidating Parliament or legislature, inciting mutiny, sedition, piracy, piratical acts, and murder
  2. see s.522(2)