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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