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Justice committee  Madam Chair, may I respond?

December 10th, 2020Committee meeting

Nathalie Levman

Justice committee  Thank you for that question. Perhaps I wasn't clear when I was explaining the amendment. I first attempted to explain the legal scope of the amendment, so that you would understand what it captures in law. I then attempted to explain what I understand to be one of the main objec

December 10th, 2020Committee meeting

Nathalie Levman

Justice committee  Based on testimony you've heard before the committee and on briefs I've read about the concerns in respect of the lack of inclusion of gender expression in the definition, it is my understanding that the goal would be to avoid opportunities for avoiding criminal liability by simp

December 10th, 2020Committee meeting

Nathalie Levman

Justice committee  Thank you, Chair, for the question. I will comment on the impact of the amendment that is before you. I do have it before me as well. What it would do is amend the definition to include “practices, treatments or services designed to change gender expression to cisgender and pra

December 10th, 2020Committee meeting

Nathalie Levman

Foreign Affairs committee  I believe that's an excellent question. I am not an expert on the Immigration and Refugee Protection Act. There are experts on the IRPA in the room. Would you like to hear from them?

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  I don't want to hold you up, but I just wanted to point out that because you removed the definition of informed consent and retained the financial transaction offence, you do have a numbering problem. It's very minor, but it goes—

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  In subclause 2(4), it should say “(1) or (2)”. It's just a tiny technical thing.

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  These are very interesting factual situations. Of course, a court would have to consider all the facts of the case. If a case like this were to come before the court, and the court were to consider what amounts of money—let's say it's money—were paid in that situation, and determ

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  As I've said, I do think “obtain for consideration” has a meaning in law, and that reimbursement of legitimate medical expenses would not be captured by that phrase. I would like to point out that the Istanbul declaration and other health-related instruments really are focusing

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  We're assuming that the person went abroad, had an organ transplant there with a family member, reimbursed expenses at a reasonable rate and returned home. We're also pretending that this offence is in force.

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  Would you be caught by that offence in that scenario? I do not believe so.

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  Unfortunately, I'm here to answer legal and technical questions about the bill and the amendments proposed. I'm not actually sure what the policy objective is with this amendment, which also makes it complicated.

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  I agree that “for consideration” would likely not cover reimbursement of expenses. That language is contract language. What it means is that a person exchanges something for something else. Reimbursing expenses wouldn't fall within that category, in my view, although I'm not a co

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  I'm not sure I understand exactly. In the trafficking provisions, it specifically states that victim consent is irrelevant. It's a basic principle of criminal law that, if you are exploited, and by that I mean according to the definition in section 279.04, even if you consented t

February 27th, 2019Committee meeting

Nathalie Levman

Foreign Affairs committee  No. I don't believe that it does jeopardize the way in which these provisions would be implemented, because it would be the health law definition that would be used to interpret each of these offences. As I've stated, the health law understanding of what informed consent means is

February 27th, 2019Committee meeting

Nathalie Levman