Justice committee  I wouldn't say that there is never a case, but I would make two comments. First, we've drastically increased the number of mandatory minimums from the long time ago when I was in law school when there was first-degree murder and second-degree murder, and now we're adding and addi

Justice committee  You have to have an applicant. Someone has to be charged with an offence and you then have to isolate the section 15 issue. I agree that finding that applicant is not necessarily a challenge, but then you would have to place it within the context of the specific offence. Launchi

Justice committee  I would make the distinction in that the criminal justice system is within the purview of the federal and provincial governments. For example, there is a recent decision of the Ontario Court of Appeal, a case called Kakekagamick, in which the Court of Appeal specifically mentions

Justice committee  In the cases we have recently been appearing before the Supreme Court on--just a couple of weeks ago, a case about negligent investigation by the police, and earlier about the Youth Criminal Justice Act--we used section 15, but we urged the court to use that as a lens of equality

Justice committee  That certainly could arise. Mr. Hangar asked me a similar question last time. The situation now is that paragraph 718(2)(e) is simply part of the overall provisions of sentencing, so mandatory sentences override the opportunity of a judge to do anything other than sentence the pe

Justice committee  No, we're not suggesting that it specifically deal only with aboriginal people. That could be one of the exceptional circumstances, but there may be other exceptional circumstances. We would see the amendment written more broadly to allow any exceptional circumstances for any off

Justice committee  Yes, I am.

Justice committee  Yes, that's very true, and as well, sadly, one of the results of aboriginal overrepresentation, particularly in the western provinces, is that many of the jails out west are essentially run by members of some aboriginal gangs, so someone who goes into a jail and is not affiliated

Justice committee  That makes it much more difficult, and of course, as you're aware, the correctional ombudsman reported just last month as well on discrimination against aboriginal people generally within the prison system.

Justice committee  Thank you. Again, I apologize for my lateness. I also apologize on behalf of Marisha Roman, our vice-president, who was with me last month in Ottawa. She very much wanted to be here today as well, but she came down with the flu this morning, had to leave work, and was not able t

Justice committee  I apologize.

Justice committee  Actually, though, the 1996 amendments were the result of—

Justice committee  —consultation in a House committee.

Justice committee  Well, there was a House committee—

Justice committee  No, that's fine.