We support the Liberal amendment because it proposes the same thing as amendment NDP-4. Mr. Cotler, as well as the experts we have heard from, pointed out the need to remove this provision because of the possible danger with it. When the Minister of Justice appeared before this committee, we asked him about it, but we got no answer. We asked witnesses, including the witnesses from the department, for the definition of “brutality” and we now know that there is none. We know that it would be something new in terms of the case law.
A number of witnesses expressed their concerns about this new concept, including the Canadian Bar Association and the Canadian Mental Health Association. So we would like to remove the idea of brutality. Indeed, we must not forget that this criterion would not affect the case of Guy Turcotte—as the minister more or less confirmed. But he is one of those whom this bill sets out to target.
In a word, this new concept creates a good amount of uncertainty and constitutional risks in terms of the Canadian Charter of Rights and Freedoms.