I would like to confirm that, yes, 20% of dangerous offenders are Aboriginal. They are significantly overrepresented in the prison population. They make up 3% of the population, and, in the case of the women, above all in the west, they can represent over 50% of the prison population. This is a great concern for CAEFS. I think that the Criminal Code presently meets the needs of Canadians and I must repeat my confidence in our current justice system. In my opinion, prosecutors, judges and counsel for the defence do an excellent job. That people come from outside Canada to study our way of doing things is proof enough. Canadians are very well served in my view.
Mr. Moore spoke of a safeguard, and of each person's right to be respected in the determination process. Nothing in this bill provides for vulnerable people to be represented by counsel. You are trying to pass an approach whereby the burden of proof is reversed, but nowhere are you making it possible for these people to have representation.
The Criminal Code already requires a judge to appoint a lawyer when a person is incapable of facing trial. But nothing in these proposals protects the accused in proceedings of this kind. I repeat that, under section 718.2 of the Criminal Code, the prosecution has to prove an aggravating circumstance beyond reasonable doubt. This proposal goes against these principles. It has been debated, and I really feel that there will be constitutional challenges if the proposal is passed as it stands.
This proposal is not helpful, in my view. Prosecutors are certainly not asking for this kind of thing. The applications are heard at present. As you mentioned, quite a lot of people are designated dangerous or long term offenders. Not only do I not see the use for this request to modify the Criminal Code, but I also consider it dangerous particularly for vulnerable populations like Aboriginals, like women, and like those who, while not necessarily being incapable, are still not the best equipped to fight their way through the justice system.