Thank you very much, Mr. Chairman.
Thank you, Madam Jennings.
Of course we look very carefully at the constitutionality of all the provisions of Bill C-27. As I indicated in my opening remarks with respect to the change of presumption, it's very narrow in the sense that it's only at that third conviction. It's after the individual has already been found guilty. As I indicated to you, the indication we have from the Supreme Court of Canada is that, among other charter protections, the presumption of innocence is not offended at the sentencing stage. I'm confident, having looked at this, that changing the onus as to who has to prove what at the dangerous offenders application is drawn narrowly enough from a narrow group of offences that it would withstand that scrutiny.
You indicated that if there was a problem with that with other sections in the dangerous offenders...it seems to me this is a refinement of that. Again, we not only had a look at that in terms of its constitutionality, but we codified the provisions and the remarks and directions of the Supreme Court of Canada in the R. v. Johnson case, so I'm prepared to believe, in terms of the advice I have received, that this will withstand a constitutional challenge.
You referred as well in your comments to why we don't bring an amendment with respect to those out on long-term offender designation who have breached the terms of their release. I guess I fairly briefly indicated to you that there may be some constitutional issues. Of course that's very important any time there are constitutional issues, but in addition to that, this is the subject of a number of discussions between the federal Department of Justice and our provincial counterparts. While I'm very sympathetic to making sure individuals who don't live up to their court-ordered sanctions are meted out with the proper response, I would ask you, rather than going ahead with an amendment at this time, to withhold that. Let's get this part of it through and we'll continue to follow up in the other area.