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Justice committee  From my own practical experience, at least now we know that when we're in doubt, we simply disclose. From an analytical perspective, I would submit, that's the easiest threshold to find. It's when you have to apply it and what it brings as far as managing the costs and resources

April 15th, 2010Committee meeting

François Lacasse

Justice committee  Of course I concur with my colleague, who has had recent direct experience in managing probably the biggest case so far in Canada on organized crime. That said, another advantage that I can see is of course saving of time. You deal with one issue once for the purpose of all the

April 15th, 2010Committee meeting

François Lacasse

Justice committee  One comment I will make in that regard is that disclosure obligations apply not only to mega-cases but to the vast majority of cases for which disclosure will often be covered by a 10-page document. That would account for at least 80% if not 90% of the cases throughout Canada. So

April 15th, 2010Committee meeting

François Lacasse

Justice committee  That certainly is one of the elements that influenced the court, but the disclosure principle could also be traced back to the civil domain.

April 15th, 2010Committee meeting

François Lacasse

Justice committee  There is a general move in this direction and I would point to the case of Italy which, in the 1980s, experienced the very first major trials brought against the Italian mafia. As you know, Italy functioned within the framework of a system that was inquisitorial in nature. Based

April 15th, 2010Committee meeting

François Lacasse

Justice committee  If I may add, Parliament has already legislated in relation to disclosure regarding sexual assaults. There are provisions in the Criminal Code that have been enacted following decisions rendered by the Supreme Court of Canada that have been declared constitutional. So yes, it can

April 15th, 2010Committee meeting

François Lacasse

Justice committee  I am aware that the Department of Justice is doing some work and is consulting with other stakeholders. Exactly the kind of work the Department of Justice does.... We're independent now. We're the Public Prosecution Service of Canada. I am not aware, exactly, of who they are cons

April 15th, 2010Committee meeting

François Lacasse

Justice committee  To answer your first question, yes, I have been informed that there is work being done by various associations regarding codification of disclosure. Neither Mr. Poulin nor I have been directly involved in that work. We are doing more work in the trenches. As you may have understo

April 15th, 2010Committee meeting

François Lacasse

Justice committee  Bonjour. Good morning. I am François Lacasse. My colleague Maître Yvan Poulin and I will split our presentation. I will make a brief overview of the law of disclosure, and my colleague will address the issue of disclosure in the context of a mega-case against organized crime.

April 15th, 2010Committee meeting

François Lacasse