Justice committee  We had some of the same concerns you have expressed with some of the language used in some of the factors, and we set those out on page 4 of our submission. You've touched upon one of them, proposed paragraph 34(2)(e), regarding the size, age, and gender of the parties. We were j

Justice committee  With respect, I disagree. I think what you actually see in the draft of the proposed new section 34 is a real emphasis on the objective standard. In fact, I point to the use of the reasonable person. The reasonable person is, by definition, the objective standard. We have point

Justice committee  I thank the member for his support of our organization's support of the bill. I can say I agree with you in that it seems clear from the drafter's intent that the list is really not meant to be a closed, exhaustive list of factors that judges can consider. But the quite intense

Justice committee  Yes, I think that's clear.

Justice committee  Well, I can say that we've had discussions around the inclusion of a list in a section like this that is setting out self-defence. Proposed subsection 34(2) sets out a list of various factors that a judge is supposed to use in determining whether the defensive act was reasonable

Justice committee  Well, this is part of the problem, I suppose, and part of our general concern. The power of citizen's arrest requires a regular Canadian citizen to hopefully have some knowledge of the law, but if they don't, then they're on their own in determining certain things in this provisi

Justice committee  Yes. Mr. Cotler, your question has different applications. When you're talking about individuals involved in the private policing or the private security field and those individuals who make arrests routinely, it may not represent much of a change in terms of potential civil li

Justice committee  Hello?

Justice committee  Yes, Mr. Chair.

Justice committee  Yes, thank you. I think it might have been a lot easier just to come to Ottawa to appear before the committee today. I apologize for not being there in person. I know that we're a bit late because of the delay, so I'll curtail my remarks a little so we can get straight to the q

Justice committee  Very briefly, I think my colleague, Professor Jackson, talked about the changes to the CCRA that will have an impact and the changes to the pardon act that would create further roadblocks to reintegration into communities. The simple answer is that many of the restrictive senten

Justice committee  I do.

Justice committee  It could be read that way, yes.

Justice committee  It will be interpreted by the judges imposing a sentence.

Justice committee  Yes, it could be read that way.