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Justice committee It would just be the same. The courts now, for example, can make the initial disposition upon a verdict of unfit or NCR.
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee I would trust so. I would expect the prosecutors are always operating with that as their guiding light.
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee They would—
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee As you may have gleaned, we don't think there should be the designation. Assuming the designation holds and the bill is amended somewhat, then for the reasons given by Bernd Walter earlier, and the awkwardness, if you will, of engaging two tribunals in one process, I would think
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee Sir, as we were saying, that is the law today as we speak. Codifying the common law will not change the law in any way. It's for that reason that the review boards take no position on that amendment to section 672.54. The Supreme Court of Canada has told us—
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee Various decisions through courts of appeal and the Supreme of Canada over the last decade or more have underlined that, of the four considerations at the front end of section 672.54, safety of the public is paramount. I can tell you, sir, that was the board's reflex prior to that
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee The review boards currently handle these accused, as you know, and there is no suggestion or no evidence, no data whatsoever, that those individuals who, under the proposed amendments, might become HRAs.... There's no suggestion that this group of individuals is currently not bei
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee I don't know. Frankly I really can't say that when I was appointed to the bench I became more of a legal scholar. That may be the case. The chairmen of the provincial and territorial review boards are, by a statutory definition, either superior court justices, retired superior co
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee Is that with respect to high-risk accused?
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee I don't understand the question.
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee No, I don't think I have anything to add. I'm sorry.
June 12th, 2013Committee meeting
Justice Richard D. Schneider
Justice committee Thank you, Mr. Chair, for inviting me here to make submissions to the committee. At the outset, I should indicate that I endorse fully and echo the submissions of my colleague Bernd Walter. I'll speak very generally, in a broad fashion, about the three or four main areas of th
June 12th, 2013Committee meeting
Justice Richard D. Schneider