Justice committee  Yes. I do have the NDP-1 subamendment before us. Our initial reaction would probably be as follows. We understand that the reference to any conditions of release is intended to be generic and not get into the detailed approach. That's understood. That does still raise some co

Justice committee  I should have Bill C-10 burned in my memory, but I think you're referring to the provision that was added as an amendment to the Corrections and Conditional Release Act, that federal correctional authorities were directed, as a result of some of those amendments, to provide addit

Justice committee  Mr. Chairman, I wasn't sure if the decision is to come back to this, but it may assist the committee in deciding the way forward. We obviously would need some time to look at these details as well but it might help the committee to understand that, for example, the ombudsman's su

Justice committee  If I understand the question correctly, when the minister introduced the bill...it is introduced on behalf of the government and he has satisfied himself that the bill is constitutional. To the extent that there may be a challenge to a provision, which we see when criminal law re

Justice committee  That's correct.

Justice committee  Thank you for the question. We're not aware that it is a problem. As you will know, the French and English versions are co-drafted together. They have to convey the same idea, but they may not convey it through exactly the same words or expressions. I read the two as being co

Justice committee  The ongoing study is focusing on the current legislation. Its goal is to determine whether we need other reforms to amend the legislation. You are right—the press release published at the end of October talked about the ongoing study. It is actually just a review of the legislat

Justice committee  No, the provision was in the Criminal Code before Wu. Wu was a 2003 decision. The provision was there before. I believe it was part of the overhaul of the sentencing provisions.

Justice committee  No. I believe Wu was an appeal from the Ontario Court of Appeal. He was charged under the act of trafficking in contraband tobacco, so there was a minimum fine that was imposed. The court—the trial judge—found that, in the circumstances of the accused before him, Mr. Wu, imprison

Justice committee  The Supreme Court would say it's an inappropriate interpretation of the availability of a conditional sentence.

Justice committee  That was really the starting point. In the course of its decision and proceeding on, it went through...you know, this was an accused in Ontario with no fine option program, so what are the proper steps to be taken and gone through?

Justice committee  As just noted, the provision referred to paragraph 734.7(1)(b), where the court cannot issue a warrant of committal to commit an offender who cannot pay...or an offender who refuses to pay without a reasonable excuse cannot be committed to jail. I know the Wu decision has receive

Justice committee  I should have added that Wu does speak to the fact that the court also has the power to structure how the payments could be made and over what period of time. Wu does speak to the fact that if the offender does not have the ability to pay at the time that the offender is before t

Justice committee  To go back to some of the minister's remarks, he noted, for example, that judges will have discretion in the cases in terms of assessing the appropriate sentence to impose in that case on the offender before the court in all of the circumstances. Whether it's a period of imprison

Justice committee  If I understand the question correctly, I think the question is how the amount would work out into the amount of time taken to pay off the surcharge.