He's the other Mr. Murphy here.
Thank you, Mr. Chair.
Mr. Rosen, I think we all are listening to what you're saying. You may be illustrating that what we have here is a bit of a silo mentality. We're a justice committee, but many of the questions you're talking about should probably be before the industry committee. At some point, we have to break down those silos and those walls and get into more international standards.
I am quite familiar with the case law on Hercules Management and Castor Holdings. In respect of Hercules, if there had been derivative action, I think there might have been some relief. Nonetheless, your point stands that we're not doing a good job of being modern in securities regulation.
I want to turn my attention to the Canadian Bar representatives, whom I thank for coming. We've had the debate on mandatory minimums. We could spend some time on that—we've been at this for three or four years and the debate goes on. But it's not really the gist of this bill.
I have to take you to task, Ms. Costom, for saying that people who look to the criminal justice system to repair financial loss are looking in the wrong place. I think we have to make it more the right place.
You commented that rewriting aspects of restitution that were already in the code might give people a false sense that something is being done about restitution. I don't think anything in this act helps to increase expectations of restitution. It says that the judge “shall” consider making a restitution order. I don't know any judge who wouldn't consider making a restitution order in most serious cases. So I think it's surplus. It gives the wrong impression, and we have to do more, perhaps by amending it at committee.
I'd like to ask my cousin and former law partner of 14 years a tough question. The reason you were here wasn't to compliment the government on all those bills. I asked you to be here to talk about restitution, about civil forfeiture, because I believe that people coming into the criminal justice system looking for restitution are misled by this bill. There's nothing in this bill that helps with restitution.
I would like you to elaborate on what New Brunswick, British Columbia, and Ontario are doing to help people recoup some of their terrible financial losses, which you describe quite dramatically. In these aspects of restitution, there's nothing—there are no teeth. What would you suggest we put in the act to help people get some of their lost money back? Would you agree that people aren't looking at the criminal justice system to get financial reparations, and that they shouldn't be looking at the system as a bill collecting agency?