NEWS RELEASE

THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

Committee Adopts Bill C-464 Justification for Detention in Custody

Ottawa, December 2, 2010 – The Standing Senate Committee on Legal and Constitutional Affairs today adopted Bill C-464, An Act to amend the Criminal Code (Justification for detention in custody), following three weeks of public hearings. It has been returned to the Senate for third reading.

Bill C-464, a Private Members’ Bill sponsored by Scott Andrews, M.P. (Avalon), was introduced in the Senate on March 23, 2010. This bill amends section 515 of the Criminal Code. This section of the Code sets out the circumstances where the detention of an accused person awaiting trial is justified. One factor that judges take into consideration is whether or not detention is necessary for the protection or safety of the public, including “any victim or witness to the offence”. Bill C-464 serves to highlight for judges the need to also take into account the protection and safety of minors when considering whether or not detention is necessary. More specifically, the bill would amend section 515(10)(b) by adding  the words “any person under 18 years of age”.

The event that gave rise to this bill was the death of Zachary Turner in Newfoundland on 18 August 2003. Zachary Turner, who was 13 months old at the time, was killed by his mother, Dr. Shirley Turner, when she jumped into Conception Bay with him in her arms, at which point they both drowned. Dr. Turner had been released on bail in January of 2003, while awaiting extradition to the United States to face murder charges, having been accused of killing Dr. Andrew Bagby, Zachary’s father.

The committee heard testimony from a number of expert witnesses, including: the Honourable Tommy Banks, Sponsor of the bill in the Senate; Scott Andrews, M.P. (Avalon), Sponsor of the bill in the House of Commons; David and Kathleen Bagby, Zachary’s grandparents; Sue O’Sullivan, Federal Ombudsman for Victims of Crime; Heidi Illingworth, Executive Director of the Canadian Resource Centre for Victims of Crime; and Phil Downes, representing the Canadian Council of Criminal Defence Lawyers. 

For more information about the mandate, work, meeting schedules and membership of the Standing Senate Committee on Legal and Constitutional Affairs, please visit www.senate-senat.ca/LEG-JUR.asp.

For more information please contact:

Shaila Anwar
Committee Clerk
Toll-free: 1-800-267-7362 or 613-991-0719
anwars@sen.parl.gc.ca 

The report is available at: /en/Content/SEN/Committee/403/lega/rep/rep13dec10-e.htm 

For more information about the mandate, work, meeting schedules and membership of the Standing Senate Committee on Legal and Constitutional Affairs, please visit www.senate-senat.ca/LEG-JUR.asp.