Mr. Speaker, in the first instance I am not prepared to accept the premise that there was a violation of the statute. Second, it is not the practice of the Department of Justice to disclose publicly the advice that it gives to client departments.
House of Commons photoWon his last election, in 2000, with 56% of the vote.
Immigration And Refugee Board November 14th, 1994
Mr. Speaker, in the first instance I am not prepared to accept the premise that there was a violation of the statute. Second, it is not the practice of the Department of Justice to disclose publicly the advice that it gives to client departments.
Immigration And Refugee Board November 14th, 1994
Mr. Speaker, the Department of Justice was called on to give legal advice to my colleague, the Minister of Citizenship and Immigration. I can tell the House that the advice we gave was entirely in accordance with the law. Beyond that we are satisfied that the minister acted in accordance with the advice we gave.
Justice November 14th, 1994
Mr. Speaker, I know of the hon. member's interest in this subject. We have discussed it. He is as concerned as I am that there be accountability in the criminal law.
I assure the hon. member that the options we are looking at are intended to achieve just that. I am concerned about the way the recent decisions will be interpreted and applied.
When I spoke on Saturday to the criminal lawyers I emphasized that a discount for drunkenness is not acceptable as a matter of principle. We have to find a way to change the law that is constitutional and that gets the job done. That is what we are doing through this discussion process.
Justice November 14th, 1994
Mr. Speaker, as I mentioned in response to the question from my colleague, this discussion paper does not reflect government policy. It is intended only to stimulate a consultation about the fundamental principles of the criminal law.
We hope through this process of reform to put in place a general part of the code that will last another 100 years. However we cannot do that without examining the issues that arise. We have listed this among others. However I want to assure the hon. member that I oppose a general defence based on culture and I will never introduce it so long as I am minister.
Justice November 14th, 1994
Mr. Speaker, may I begin by emphasizing what this discussion paper was about. We are engaged in a process for the first time in 100 years of reviewing the general part of the Criminal Code to determine whether it should be changed or modernized. In the course of that, this discussion paper raises questions, not public policy but just questions, that are worthy of examination. It does not reflect government policy.
I had hoped that the paper would be drafted to reflect my own perspective. My own personal view is that I am very much opposed to any general defence based on culture. However, it is important, if we are going to have a discussion, that we at least identify a list of questions that have been raised by law reform commissions and by legal journals in the past.
I am especially troubled at the suggestion on the weekend that just raising these questions might create the spectre of justification for female genital mutilation. We have been at pains over the past six months to emphasize that this practice is criminal, will be investigated and will be prosecuted to the full extent of the law where it is detected.
I hope what we have launched on the weekend is an open discussion about fundamental principles of criminal justice. In closing, I say that every reform we have put forward in the House to the criminal law has been to make people more accountable not less accountable.
Justice October 26th, 1994
Mr. Speaker, I have no doubt that the 690 process as described by the hon. member can be improved. Equally, I am certain that the procedure now in place is capable of dealing fairly and fully with all of the applications that are pending.
Let me point out to the hon. member that we have already made improvements in the process during the last several months. I refer, for example, to the fact that in the case involving Colin Thatcher, which was dealt with by reasons given some months ago, I took the trouble to spell out the principles that governed the disposition of applications under 690 to remove some of the mystery the hon. member has referred to.
In cases that are pending I have brought in outside counsel where I felt it consistent with fairness. Finally, I am completing an inventory of all outstanding cases and establishing a timetable to get them all decided at the earliest possible date.
Gun Control October 26th, 1994
Mr. Speaker, for many years the Canadian Association of Chiefs of Police has been calling for the registration of all rifles and shotguns. It has been joined in that by the Canadian Police Association, health care workers, physicians. Hundreds of other associations across this country have been asking for registration of long arms. That is one the prospects we are considering as we assemble our proposals for gun regulation. If we do decide as a government to introduce it we will make clear the practical advantages we intend to achieve, including those identified by the police of this country.
Gun Control October 26th, 1994
Mr. Speaker, as my colleague, the minister of revenue said earlier this week, we are preparing proposals to deal more effectively with firearms entering Canada illegally. In the package of proposals that the government will table before the end of the session in December dealing with firearms generally, we will deal specifically with the issue of firearms entering Canada illegally.
Before I leave the subject I must point out that border controls in terms of being careful with those taking firearms across the border in their cars are very important. A man named Johnathon Yeo was found by a coroner's jury to have done just that with very tragic consequences.
Firearm Acquisition Certificate October 26th, 1994
Mr. Speaker, as the hon. member has pointed out, the current fee is $50.
The actual cost to the police force for carrying out necessary investigations varies. It depends in part upon the exercise of the discretion of the investigating officers, the degree of risk.
It also depends sometimes on whether the investigations are being done in an urban or rural area because finding the referees in the urban area may be more difficult.
As the hon. member knows, the entire subject of firearms regulation is under review by the government at present. We are including in that review the process by which acquisition certificates are obtained. We will bear in mind the cost disparity to which the member has referred in completing our work on that subject.
Young Offenders Act October 26th, 1994
Mr. Speaker, what we are going to do and what we have done is be responsible and balanced and take into account the views at all ends of the spectrum.
The fact is the hon. member seizes upon the headlines of this morning from the Canadian Association of Chiefs of Police. I have two comments. The first is that recently the paper has been full of reports of the testimony of other witnesses before the committee who said precisely the opposite. Obviously views differ. What we have done in Bill C-37 is produced a balanced bill that adjusts and amends the act in the public interest.
The second observation I would make is that I am interested to observe the hon. member's interest in the views of the Canadian Association of Chiefs of Police. I remind him it is the same organization that very much supports our intentions with respect to gun control.