Yes, Mr. Chairman.
Effectively, this amendment removes the proposed paragraph that allows the brutal nature of the offence to serve as the basis for a high-risk finding. Similar to the previous amendment, this addresses the concern regarding “brutal nature” by removing the entire paragraph in which it is mentioned. Besides the fact that “brutal nature” is arguably an overly broad phrase, which might itself invite charter concerns, it is problematic from a policy standpoint because the brutality of an act may indicate neither future risk or likelihood of recurrence.
I need not repeat the full testimony that we heard on this point, but I will cite the words of the Canadian Bar Association, which put it as follows:
...the high-risk designation is not only unnecessary, but self-defeating and counterproductive.
Therefore, this amendment seeks to remove it.