Evidence of meeting #52 for Justice and Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was crown.
A recording is available from Parliament.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
That's exactly right, and if a prosecutor determines that this person should be released, the prosecutor could recommend that to a judge, isn't that right?
Q.C., Legal Counsel, Royal Newfoundland Constabulary and Member of the Law Amendments Committee, Canadian Association of Chiefs of Police
Yes, that's correct, and if that recommendation is being considered, I would expect that the prosecutor will, after consultation with the police and perhaps with defence counsel, look to see whether or not conditions can be put into place to ensure—
Q.C., Legal Counsel, Royal Newfoundland Constabulary and Member of the Law Amendments Committee, Canadian Association of Chiefs of Police
—the public safety.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
And there is nothing under Bill S-217 that would prevent a prosecutor from making that recommendation, is there?
Q.C., Legal Counsel, Royal Newfoundland Constabulary and Member of the Law Amendments Committee, Canadian Association of Chiefs of Police
There is not directly, but the problem I see with this bill is that when there is a hearing—and I believe that consent applications would still fall within the section of the code—
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
I have to interrupt you. I don't know when the last time was that a prosecutor made a decision on a consent application. Do you?
Q.C., Legal Counsel, Royal Newfoundland Constabulary and Member of the Law Amendments Committee, Canadian Association of Chiefs of Police
I think they make the decision all the time on consent applications.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
I can tell you that I've never gone to court on a consent order. It was the judge who had to sign off on the consent order. I've never heard of a consent order—
Q.C., Legal Counsel, Royal Newfoundland Constabulary and Member of the Law Amendments Committee, Canadian Association of Chiefs of Police
Yes, with respect, that's correct, but from my experience as a crown counsel, what happens is that you review the file, and if you believe that an accused is a candidate for release, you will consider whether there can be conditions put into place that will address the public safety. You may consult with the police, you may consult with the defence; you will then agree with conditions, and from my experience, you then advise the sitting judge that the crown and the defence have agreed to the accused's release, and you essentially put those conditions before the judge.
Yes, you're correct, then, that the judge has to sign off on it, but the conditions are usually crafted by the defence and the crown.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
Well, that's right, but it's still the decision of the judge or justice of the peace, and I—
Liberal
The Chair Liberal Anthony Housefather
I don't want to limit your thought. You're at eight minutes now, so could I suggest, so that you don't lose your train of thought, one question to wrap up, and then we'll come back after the round of questions?
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
Mr. Muise, is there anything in this bill that is new, other than making sure that what should be done is done?
Director of Public Safety, Canadian Centre for Abuse Awareness
Other than the conversation about those words we talked about, these are all things that are done on a regular basis. The conversation about the words is just about the drafting. Otherwise, these are all things that are done on a daily basis.
Conservative
Michael Cooper Conservative St. Albert—Edmonton, AB
I think it should be pointed out for the record, Mr. Chair, in response to Mr. Woodburn, who made reference to the tertiary section, that at paragraph 34 of the St-Cloud decision, citing—it was in reference to Madam Justice McLachlin—that the residual or tertiary ground is not a ground of last resort, but one that is separate and distinct, that was clarified by the Supreme Court.
Liberal
Liberal
Iqra Khalid Liberal Mississauga—Erin Mills, ON
Thank you, Chair.
Thank you, ladies and gentlemen, for your testimony today.
I'd like to start with Mr. Denis, he being the AG for the area.
I'm sure you must have seen experience that makes you such a strong proponent of this bill.
Have studies been conducted that show that this is an ongoing problem, whereby people are released on bail and then go out and commit serious crimes? Do we have data to back that up, at all?
Liberal
Iqra Khalid Liberal Mississauga—Erin Mills, ON
Okay.
Can you remind me once again of the purpose—the spirit, the intent—of this bill? What is it trying to achieve?
As an Individual
The spirit of the bill to me, what it is trying to achieve, is that we will not see a situation such as happened to Constable Wynn happen again. I submit to you respectfully that it is reasonably foreseeable that this can happen again.
I also am very concerned with the public's view of the administration of justice, if we do not act in this respect while we have the opportunity.
Liberal
Iqra Khalid Liberal Mississauga—Erin Mills, ON
Do you think that this legislation, if it moves forward and becomes law, is enough to prevent situations such as that, or is more needed?
As an Individual
I think the justice system needs to be continually evaluated and continually improved from time to time, and I think this is definitely a step in the right direction.
Liberal