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Justice committee  Let me comment on the one-sixth question, because as the former head of enforcement at the securities commission, one of the issues I had to deal with was the allocation of resources. There is a dynamic tension that exists when you're the head of a regulatory agency, a tension be

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  I think you have to look at that on a case-by-case basis. Lawyers like Mr. Caylor are very skilled at finding ways of trying to recover losses—not always from the offender. More often, you're looking at the accessories, the people around the offender. You probably are aware, for

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  I would hope that there would be an appeal and I would be confident that the court of appeal would fix it.

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  I'm sorry; as I indicated, I'm not familiar with the facts or circumstances of these. I'd be happy to comment if someone explained them to me.

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  Yes, sir, that's correct.

November 25th, 2010Committee meeting

Joseph Groia

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  No, my guess is that it would be a fraction of 1%.

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  If that. Yes.

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  I'm familiar with R. v. Campbell. I'm not sure I'm familiar with the other two.

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  Well, I'm sorry if that's the impression I left you with. What I want to emphasize is that trial judges, under the current criminal justice regime, are entitled to consider all of the circumstances of the crime and the victim and to consider what the appropriate sentence is. I

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  Absolutely. As I said, I come to this from the enforcement perspective. I come to this as someone who is concerned, as I believe we all are, with the integrity of our capital markets, and there's no more important initiative now being discussed than a national securities enforcem

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  Leaving aside the issues that relate to the administration of criminal justice and the historic separation between the provinces and the federal government, I know of no reason IMET could not have attached to it a prosecution agency dedicated to prosecuting the cases they bring f

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  I have to say I see just the opposite. What I see happening is that there are some other smaller aspects to the bill that I'm not going to really comment on, but the experience in the United States shows and all the academic literature says that the effect of mandatory minimum ja

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  Certainly, under the existing sentencing guidelines and the factors to be considered, that is correct. One of the concerns you've heard expressed by the Canadian Bar Association is that this provision, with the mandatory minimum, would result in that secretary being sent to jail

November 25th, 2010Committee meeting

Joseph Groia

Justice committee  No. I think a filtering process goes on and the real roadblock is between the regulatory or investigatory side and the prosecutorial side. The example that the CBC reported on is a relatively extreme example. As you know, the Attorney General has said that he's looking into it.

November 25th, 2010Committee meeting

Joseph Groia