[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) and (5)]
- Order of detention
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
- (a) with an indictable offence, other than an offence listed in section 469 [exclusive jurisdiction offences],
- (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 [release pending appeal] or 680 [review by court of appeal],
- (ii) that is an offence under section 467.11 [participation in activities of criminal organization], 467.111 [recruitment of members by a criminal organization], 467.12 [commission of offence for criminal organization] or 467.13 [instructing commission of offence for criminal organization], or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,
- (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,
- (iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
- (v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in subparagraph (iv),
- (vi) that is an offence under section 99 [weapons trafficking], 100 [possession for purpose of weapons trafficking] or 103 [importing or exporting firearms knowing it is unauthorized],
- (vii) that is an offence under section 244 [discharging firearm] or 244.2 [discharging firearm – recklessness], or an offence under section 239 [attempted murder], 272 [sexual assault with a weapon or causing bodily harm] or 273 [aggravated sexual assault], subsection 279(1) [kidnapping] or section 279.1 [hostage taking], 344 [robbery] or 346 [extortion] that is alleged to have been committed with a firearm, or
- (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 prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1) [firearms and other weapons — definitions];
- (b) with an indictable offence, other than an offence listed in section 469 [exclusive jurisdiction offences] and is not ordinarily resident in Canada,
- (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) [provisions re failure to comply] 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 [release pending appeal], 680 [review by court of appeal] or 816 [x]; or
- (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.
(6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.
- Release order
(7) If an accused to whom subsection (6) [reverse onus offences] 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.
(8) [Repealed, 2019, c. 25, s. 225(7)]
- Sufficiency of record
(9) For the purposes of subsections (5) [detention in custody] and (6) [reverse onus offences], it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII [Pt. XVIII – Procedure on Preliminary Inquiry (s. 535 to 551)] relating to the taking of evidence at preliminary inquiries.
- Written reasons
(9.1) Despite subsection (9) [sufficiency of record], if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.
[omitted (10), (11), (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.