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Justice committee  —but you would not need to enter a conviction. Generally crown counsel prove the murder and the sexual assault or the kidnapping, but not both. However, in a case such as that of Luka Magnotta, the actual murder contained enough evidence of the elements, so it wouldn't have bee

March 30th, 2015Committee meeting

John Giokas

Justice committee  I can't predict how the courts will see things. I see it clearly, because I've been living with these issues for a year and a half, and I'm intimately familiar with them. I'm afraid I can't answer. I'm sorry.

March 30th, 2015Committee meeting

John Giokas

Justice committee  Thank you for the question. We have studied it. Let me just say at the outset that, as you know, the murder sentencing provisions have become a bit complicated over the years, and for about 10 years there have been calls for another review of the sentencing provisions of the Cr

March 30th, 2015Committee meeting

John Giokas

December 9th, 2010Committee meeting

John Giokas

Justice committee  No, I didn't do the amendments.

December 9th, 2010Committee meeting

John Giokas

Justice committee  I have to say I'm a little puzzled myself because as I said before, it's the reference to section 745 and subparagraph (b)(ii) that confuses me a little. As you probably know better than I, in section 745, the 25-year period isn't optional; it's something the judge must impose.

December 9th, 2010Committee meeting

John Giokas

Justice committee  There we are.

December 9th, 2010Committee meeting

John Giokas

December 9th, 2010Committee meeting

John Giokas

Justice committee  As I was saying, it seems to me that there is a contradiction. Paragraph (b) refers to section 745 and says it is optional. The length of time referred to in section 745 is 25 years. However, paragraph (b) refers to section 745, but at the same time it says that the judge may dec

December 9th, 2010Committee meeting

John Giokas

Justice committee  I want to preface my remarks by saying I'm no draftsman, but proposed section 745.51 talks about making all of the relevant parole ineligibility periods consecutive. Let's not forget that that's all Bill C-48 does. It takes the existing rules in paragraphs 745(a) and (b), as I've

December 9th, 2010Committee meeting

John Giokas

Justice committee  I can't give you language, but I would suggest that clauses 3, 4, and 9 would need to be amended as well to accommodate this.

December 9th, 2010Committee meeting

John Giokas

Justice committee  I don't have any statements to make about the policy of this bill, but I would point out that it is recognized—and this committee has discussed it—that the circumstances of multiple murderers are quite varied. The criteria that have been imported in Bill C-48 are designed to reco

December 9th, 2010Committee meeting

John Giokas

Justice committee  Yes, that decision is subject to appeal by both parties: either by the Crown or by the defence.

November 30th, 2010Committee meeting

John Giokas

Justice committee  Under clause 3 of the bill, the Crown may appeal, and under clause—

November 30th, 2010Committee meeting

John Giokas

Justice committee  It's clauses 2 and 3.

November 30th, 2010Committee meeting

John Giokas