Thank you, Mr. Chair.
I have to say that I take exception to a number of the points that are raised in this particular letter as it relates to Bill S-217. The letter states that there is concern that the burden of proof “that prosecutors would need to meet at bail hearings” would be increased. The fact is, to the degree that if there was any argument that the standard of proof would be increased as a result of Bill S-217, it was as a result of the additional words “to prove the fact”. There was an amendment here today to delete that language to remove any question and to remove any ambiguity that Bill S-217 would not change the standard of proof, but would merely require prosecutors to lead evidence, which, as Mr. Woodburn reminded everyone, was the bread and butter. Unfortunately, the government members opposite, the majority members of this committee, decided to instead vote for a motion to prevent any opportunity for there to be an amendment to remove that particular language.
Secondly, with respect to mini-trials, again, I have to say that no matter how many times the argument may have been made by certain witnesses, it really is unclear how Bill S-217 would create mini-trials. The fact of the matter is that whether you change the word from “may” to “shall”, a defendant, a bail applicant, already has the right to challenge the evidence and to cross-examine witnesses. That occurs all the time. Bill S-217 did nothing to change that fact. Instead, all it did was to require prosecutors to do something that they almost always do and make sure that they always do it. With respect to prolonging the bail process, again, it doesn't make sense that simply requiring prosecutors to do something that they almost always do would have any impact in significantly prolonging the bail process.
I for one would not support a letter that would congratulate the Minister of Justice for her work to improve the criminal justice system, based upon the comments that I've already made about, number one, her failure to do the easiest thing with respect to delay, and that is to fill judicial vacancies in a timely manner. I will not be supporting this motion.