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Justice committee Historically, the preliminary inquiry was held to allow for the disclosure of evidence, but now, given the rules surrounding the disclosure of evidence handed down by the Supreme Court of Canada, it is no longer important in that regard. However, the preliminary inquiry is import
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee Regarding the program you are referring to, I would say that a large number of the examples seen there are inspired by what is done in civil cases in the United States. In Quebec and Canada, there are very few juries in civil matters, and in criminal matters, there are some quite
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee Mr. Lévesque, correct me if I'm wrong, but the accused may already make such a request of the judge if the prosecutor is using the peremptory challenge to exclude a certain community or category of Canadians, as Mr. Grondin mentioned. We are basically proposing that that mechanis
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee I'd simply like to say that we were apprised of this problem as we followed the evolution of the bill. However, this does not affect Quebec, given the nature of the legal profession and the way we are organized. That is why we did not study this aspect of the matter.
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee I'd like to add that that rule has to have a certain flexibility. For instance, we could decide to reflect the diversity of the district or the local community, but the trial could be held elsewhere than in the location of the offence or in the accused's hometown. Consequently, t
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee We mention this in the brief. In the past, we have taken part in hearings for the Plan d'action gouvernemental en matière de violence conjugale 2018-2023, which is a provincial initiative. Spousal violence, or domestic violence in the broader sense, must be everyone’s business,
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee Here is how it works. The accused agree to be committed for trial automatically, meaning they do not go to a preliminary inquiry. The questioning is then held outside court. It is important to note that the questioning is done in places other than courthouses, so without the accu
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee We support this measure, which was proposed in two previous bills. It was withdrawn for reasons of parliamentary efficiency. This is a section of the Criminal Code that has been declared unconstitutional by several courts of appeal in Canada including the Court of Appeal of Quebe
September 17th, 2018Committee meeting
Nicolas Le Grand Alary
Justice committee Yes. As the courts have found, the problem with this section is the discrimination against homosexual men.
September 17th, 2018Committee meeting
Nicolas Le Grand Alary