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Bill C-35 (39th Parliament, 1st Session) committee Your position is definitely not without support in the bar across the country. I expressed one concern. I am not saying that your position is without support in various corners of the country.
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee There would be a difference of opinion between defence lawyers on any issue at any given time in this country. That's probably a given. But seriously, I understand what you're saying, and here's what I would ask you to think of. None of those people addressed for you the questi
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee You may be aware that a number of years ago there was a very different 515(10)(c) than the one we have now in the Criminal Code, and it was struck by the Supreme Court of Canada in a case called Morales because it did not pass the constitutional test. When it was replaced with th
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee If I may. I'm sure that communities are asking for legislation to make their communities safer. It's happening all over the country. The reality is that the statistics that are available do show that crime rates are dropping and that violent crime is going down. But I'm sure th
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee You have consensus on that.
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee As a general rule, it is extremely difficult to obtain bail when a crime has been committed with a firearm, yes.
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee Yes, I certainly can.
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee It is the same case, I think.
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee No. I would not have answered if that had been the case. I have absolutely no connection to that case, but I am glad of that you brought up the question, because it is a case where a reverse onus exists in the Criminal Code. Because someone was killed, it is a murder. So reverse
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee As I understand it, he provided a good deal of evidence. But the answer to your question is found in Madam Justice McLachlan's comments in the Pearson decision. She set aside the reverse onus for drug trafficking because she feared an unjust result if it was too widely applied. T
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee What I would say would be the following. When we say that there's a de facto reverse onus going on, as Mr. Ménard pointed out, there are no statistics available to know if it's really as common as we think. So somebody like me, with 23 or 24 years, phones everybody I know in the
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee I don't think the judges would say that they believe it's a breach of the person's charter rights because I believe in their heads they would be saying--if the statistics were being kept--that they were properly applying paragraphs 515(10)(a), (b), and (c). That's where I think t
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee Right. But, to be logical, the constitutional right needs to be overturned. There would be so many equally serious offences that you would almost have to ask for a kind of amendment to the Charter. A number of offences that are more serious, or perceived as such by Canadians, ar
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee If it is the case, it is extremely sad. We have excellent judges in this country, who are also citizens who take very seriously their duty to ensure the safety of all Canadians. If you could see the work done day in and day out by judges in all jurisdictions, you would realize th
May 16th, 2007Committee meeting
Isabel Schurman
Bill C-35 (39th Parliament, 1st Session) committee The reason I focused on the vulnerability was precisely the same line of thinking. That is to say, the constitutional right is part of the law of the land, the constitutional right to reasonable bail, not to be deprived without just cause. It should not be able to be altered, lef
May 16th, 2007Committee meeting
Isabel Schurman