Justice committee  Yes. It is important that that criterion be present. If that criterion had not been adopted, we would undoubtedly have called for it to be. We have talked a lot about the technical and technological issues, but in some circumstances there are even issues associated with the phys

Justice committee  Yes. I would say there is certainly a degree of risk. We also have to understand that the professionals who are around the table in a criminal trial can be trusted. We can trust both Crown counsel and defence counsel. We must not think that the physical presence of the accused

Justice committee  Yes, I think there may be a bit of confusion about the terms. Normally, if the person is represented by counsel, they actually have a defence lawyer who is working on their case. If we take the expression as it is written, having “access to legal advice” may mean being able to

Justice committee  I think you have summed it up. In fact, we don't know what the meaning of the idea of “having access to legal advice” really is. If it includes no more than having had a telephone conversation via the emergency lawyer line, where a lawyer has reiterated the accused's right to s

Justice committee  Yes, there is the exception provided in new section 715.241 of the Criminal Code, which allows the accused to be required to appear by videoconference. In the other situations, it is by consent. Certain factors must also be assessed by the judge.

Justice committee  For one thing, there are Charter-related problems, since we are talking about fundamental rights, we must not forget. There are also challenges in connection with public trials. Normally, a person can attend a trial, that is, be present in the courtroom. However, trials held by v

Justice committee  Thank you for your question. Yes, there are concerns regarding section 715.241. We have to understand that videoconferencing has always been presented as one option among others in the kind of toolbox for holding hearings in criminal cases, if the parties consent and the judge

Justice committee  In terms of the administration of justice, I think so. However, we haven't talked here about the lawyer's presence with the accused. When the accused is participating remotely in a trial and is not in the same room as the other participants, as the judge and lawyers in particular

Justice committee  Thank you for your question. We are not aware of the positions taken by other law societies in Canada, but we have the same objective as the committee when it comes to Bill S‑4: to improve the justice system and adopt the positive lessons learned from the pandemic. As you said,

Justice committee  Good morning. Thank you for your question, Mr. Caputo. Although we don't want to start listing examples regarding the assessment of witnesses' credibility, we would nonetheless like to mention the issues that can also apply in the case of victims or other witnesses. We are talk

Justice committee  I would say it is a combination of the two. There is an issue when it comes to credibility. The technology gap can create problems in terms of credibility, but that is actually not the only issue.

Justice committee  You are entirely correct; that is one of the difficulties. Often, what the Barreau du Québec says in parliamentary committees is that even if we agree on the purpose of the provision of a bill, it has to be implemented effectively and efficiently, it has to work, and the necessa

Justice committee  First, I have to remind you that we did not study that question in particular. In Quebec, there is a plan for determining support payments and a plan for executing orders. Clearly, it will always be difficult to have orders carried out when the debtor has no money. I don't think

Justice committee  That problem was also raised in connection with the Quebec program. We have no particular suggestions in that regard.

Justice committee  Good afternoon. The Barreau du Québec welcomes the inclusion of family violence in the bill. It is indeed a sensitive subject, but one that must be taken into account when considering the best interests of the child. However, we believe that the legislator must specify that the