This amendment rewrites the just cause on the tertiary grounds factor list in paragraph 515(10)(c). It specifically replaces subparagraph 515(10)(c)(iv) and expands the list of what can count towards the term “just cause” on tertiary grounds. Right now, just cause is not properly defined in the Criminal Code.
This would now explicitly include ensuring safety and security of the public, preventing physical or psychological harm to victims, including child victims and their families, preventing interference with the administration of justice and maintaining confidence in the administration of justice.
Wherever possible, I think it's incumbent upon us at the justice committee to strive to improve legislation. Definitely, improving the language in the Criminal Code is always deemed to be a good thing. We don't want multiple interpretations of any provisions in the Criminal Code. I'd love to take a look at our criminal justice system as black versus white, without looking at the colour grey.
To do that, we require clarity and certainty and, where necessary, we need to expand on what could be interpreted differently, depending on an accused's interpretation, the Crown's interpretation or a judge's interpretation of what just cause actually means. It's silent. It's been silent for a number of years. I invite the Justice officials to correct me otherwise, but I don't believe there's been any case law—I stand corrected—in this country that provides any sort of guidance as to what the term just cause actually means.
Where we can provide clarity, certainty and consistency, it can always be seen as a positive, forward step.
I invite Justice officials to weigh in, if necessary.