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Justice committee I would have to look through it in detail before I could comment.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee I appeared in front of the Senate when the Senate committee amended that.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee Yes, and as I point out in my brief, there's going to be much more delay in the criminal justice system if you add those layers on. To suggest that this has been done to reduce delay is unfortunate.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee That's 18%.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee No. I mean, I think some of them may be bad policy, but being bad policy isn't the same thing as constitutionally suspect. Parliament is responsible for policy. The charter provides minimum standards of constitutionality, so whether I agree or disagree with the policy doesn't mak
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee Yes.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee Number one, that is arguable, but my point is that if you look at the actual paragraph—and I quoted it in my brief—Chief Justice Lamer immediately says, “I reiterate that even in the case of first degree murder, Parliament has been sensitive to the particular circumstances of eac
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee May I respond, Mr. Ménard? I agree completely that we should be sympathetic and respectful to the loss of victims. What I'm saying is that the loss of victims is not the issue here. With respect to your remark about juries, not only can the juries reject the application and set
November 4th, 2009Committee meeting
Prof. Allan Manson
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee First, the 1990 case, which was Luxton, was at the time when we still had some aspects of constructive murder. I'm not going to get into a big lecture about this, but those were the major issues in front of the Supreme Court of Canada, and they succeeded. Constructive murder is u
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee It was a member of this committee.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee You'd go through the section 12 jurisprudence--I can give you the names of the cases, Smith, Gault, Morrisey, Ferguson--and you make your claim about gross disproportionality in terms of blameworthiness and the effects of punishment. The effects of punishment are front and centre
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee Mr. Head indicated that I could have his 10 minutes if he would answer questions.
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee I just want to point out that it was with great difficulty that I came here this afternoon--
November 4th, 2009Committee meeting
Prof. Allan Manson
Justice committee Thank you. It will take me a minute to figure out where I was. I was speaking of the 90-day window and I was saying that prisoners are not necessarily confined in the province where the case originated. They therefore have to apply to be transferred and moved back to their orig
November 4th, 2009Committee meeting
Prof. Allan Manson