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Justice committee Oh, yes, but that's absolutely beyond the kind of thing that I would be—
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Oh, yes, absolutely. For any government or related institution in Canada, I don't think there are any problems with accessibility on that.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee A Canadian Environmental Protection Act offence is the exact kind of administrative sanction that this is talking about—
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee No, it does exist right now. It's in the Canadian Environmental Protection Act and it's in the regulations and it's—
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Oh, absolutely, I agree. This exception is—
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee It's criminal law mainly. There's quite an overlap. A lot of what criminal lawyers do these days ends up being administrative law and regulatory law.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Yes.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Could I?
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Well, possibly, but I studied engineering for a while.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee I don't think that's really the sense that accessibility is being used here.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee Well, from a criminal liability point of view, though, what we're really interested in is whether there is a stable, predictable standard against which behaviour can be measured. In the case of an electrical code, sure there is, because you're either qualified to go out and wire
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee But the problem that I was talking about in the way of accessibility is knowing when the standard has changed.
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee I did not find anything in the way of cases regarding accessibility from the perspective of criminal liability. It's really a novel kind of concept. As I mentioned, I don't think this has really been considered by a lot of criminal lawyers. I don't know that anyone has actually r
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee It doesn't necessarily go through the gazetting process in the first case either. In fact, the proposed amendments specifically excuse documents that are incorporated by reference from being published in the Gazette. So the reference—
December 9th, 2014Committee meeting
Ian McCuaig
Justice committee The reference to the document would go through the gazetting process. The document itself wouldn't necessarily be published in the Gazette. We would know that it was being referred to, but the document itself is—
December 9th, 2014Committee meeting
Ian McCuaig