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Justice committee I believe it does. It goes far beyond in that it extends in at least three respects. First of all, it extends what I would call a qualified class privilege because of the reverse onus on journalists, not in respect of confidential information but of any source information. Secon
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee Certainly there are definitions from other jurisdictions, the United States, for example, that cover part of the problem by specifying that the information provided is a part of someone's livelihood or a substantial portion of their income. That doesn't capture the second difficu
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee I'll try to clarify. I have been requested by my department to appear, so the views that I have expressed are in fact the views of the criminal justice division of Alberta Justice.
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee I believe it is, and it may underscore the need for broader consultation. There may yet be further unintended consequences than the few that we've been able to identify in the short time we have here. The scope of the override is, in my submission, very unusual.
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee As a footnote, there are cases that have interpreted this somewhat more broadly. We're dealing not only with alternative sources of information considered in relation to the source, but also with alternative sources of information considered in relation to the object. If one were
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee Thank you very much. I appreciate the opportunity to be here. As the chair indicated, I am a prosecutor in Alberta. I have been prosecuting for approximately 17 years. Currently I prosecute cases in the courts of appeal and the Supreme Court of Canada. I have been asked by my de
March 5th, 2008Committee meeting
Joshua Hawkes
Justice committee That's correct, Mr. Chairman.
March 5th, 2008Committee meeting
Joshua Hawkes