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Justice committee You're quite correct. We didn't recommend any wording. Our concern with it is, what is a dating relationship? If you went out on one date with someone, does that constitute a relationship? If you dated someone 10 years ago, is that a dating relationship? Our concern was that it
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee Yes.
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee There is certainly that concern, and there are certainly those cases where the victim has come forward and said that they found testifying twice had been stressful for them. In some cases some witnesses find it's almost a rehearsal for the trial and they find it useful. When a w
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee In relation to the choking aspect, I would note—it's fairly dated now, from May 2006—that the Uniform Law Conference of Canada also looked at this issue in terms of making choking a distinct offence. They concluded, as we have now, that it's encompassed under section 266. They al
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee One of the things that we noted in our brief was that there isn't a large.... Although you've quoted the percentage of court time, I believe it was 75% of offences that were eligible for preliminary inquiries did not opt for preliminary inquiries. Certainly, it does sort of push
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee In some cases, yes, sir.
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee Yes, sir, exactly, and that saves a great deal of time. As we mentioned in our report, that evidence is now admitted often and regularly by way of admissions. For instance, if it's an officer who had minimal contact with an accused in terms of a statement, the defence will conced
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee No, that certainly has been our experience. As I mentioned, the statistic that we could find said it was less than 2% of court time. I gave an example of a case where the witness was very strong and the case is now in resolution, but there have certainly been cases where the Cro
September 19th, 2018Committee meeting
Kathryn Pentz
Justice committee Thank you. As my colleague mentioned, we've made 17 detailed recommendations. Some are suggestions to slightly improve existing proposals and others reflect our more serious concerns. I'd like to focus my comments on two areas: the curtailment of preliminaries as well as the adm
September 19th, 2018Committee meeting
Kathryn Pentz