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Justice committee  There is the possibility of asking for a review before the next scheduled review. There is provision in the code that currently exists and that will apply as well.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  That's correct.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  I'm sorry, I couldn't tell you. As I mentioned earlier, the review boards themselves govern their technical procedures about communicating with the parties and the victims, and—

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Yes. I think there's also provision in the code for the review board to adjourn to ensure the victim has the ability to prepare a victim impact statement.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Well, they hold a hearing and all the evidence is considered at the hearing. It's very possible that some of the evidence is in writing and some is orally presented, so it's during the hearing.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  The process at the review board, contrary to a traditional court, is very informal. In a court, often the prosecution will make its case first, and after the prosecution presents evidence then it goes to the defence. That's not at all how it happens before the review boards. It's

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Yes, and there's provision in the code for that.

June 3rd, 2013Committee meeting

Julie Besner

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  No. It goes to a superior court of criminal jurisdiction.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  It could have been a superior court of criminal jurisdiction that made the order to begin with, or it could have been a provincial court that made the order. But certainly for the revocation it's a superior court of criminal jurisdiction.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  There are courts of appeal that are higher courts of jurisdiction. We're talking about it being a trial-level court, let's say.

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Unfortunately, I am not a statistician. The Canadian Centre for Justice Statistics does not keep track of those types of data. The Department of Justice did start to collect data after 2002. You are no doubt aware of the report that was prepared in 2006, I believe, by Mr. Latime

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Are you asking whether the accused themselves can ask to have a hearing? Is that right?

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Bill C-54 states that the review board first looks at the risk aspect and, if it is of the opinion that the person no longer represents a serious danger—we are talking about serious and violent offences—to public safety, it refers the case back to court. That is what is set out i

June 3rd, 2013Committee meeting

Julie Besner

Justice committee  Just to start I'd like to request that you have a little bit of caution in comparing the dangerous offender scheme and this scheme. They're not meant to replicate one another.

June 3rd, 2013Committee meeting

Julie Besner