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Bill C-2 (39th Parliament, 2nd Session) committee  Thank you. Good afternoon. I'm Catherine Kane, acting senior general counsel in the criminal law policy section. I would like to introduce my colleagues and briefly indicate their areas of expertise with respect to Bill C-2. As you know, Bill C-2 is a compilation of bills that

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  My colleague Julie Besner can answer with respect to the provisions of this bill that deal with the firearms-related parts, the penalties, and the bail provisions, but we're not in a position to comment on other measures that the government is exploring for initiatives that go be

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  Perhaps I could probe your question a little bit more. The bill has several components. In the provisions with respect to impaired driving there are changes to the penalties, in the provisions with respect to serious gun crimes there are mandatory minimum penalties, and then in

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  In the context of the provisions with respect to the penalties for gun crimes and in the dangerous offenders context, we're dealing with very serious offences where the crowns are exercising their discretion in terms of what the appropriate charges are, and they would be making t

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  We recognize that all legislation is subject to charter scrutiny and charter challenge. We've seen this since the days when the charter was enacted. All of our legislation has been challenged at some point at some level of court, and we're prepared to defend the legislation in al

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  I'm sorry, there's also the added requirement in the presumption that you had to be sentenced to at least two years. So that would be the other basic criterion to meet the presumption.

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  The provisions that were in Bill C-10 have been replicated in this bill to clarify what is meant by a previous conviction, because there's an escalating scheme of penalties. It's very clear what does or does not constitute a previous conviction.

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  I would suggest that it's the same criteria that you are deemed to have met that you will be obliged to rebut, depending on the circumstances. The assessment will indicate the nature of the factors that make you considered to be dangerous. It may not be a pattern of behaviour. It

October 31st, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  It appears to those of us who have looked at it that this amendment is seeking to remove the provision of the bill that requires the crown to declare their intention to bring a DO application or to indicate the reasons they're not bringing the DO application. That would be my o

November 20th, 2007Committee meeting

Catherine Kane

November 20th, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  That's correct. There is, obviously, parole.

November 20th, 2007Committee meeting

Catherine Kane

November 20th, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  I'll just say a few words, and then my colleague Mr. Hoover may want to elaborate. It's always difficult for us, as officials, because we don't get the motions very far in advance, and I realize that. So we don't have an opportunity to fully explore them, but on our first readin

November 20th, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  This provision, as we read it, is related to a dangerous offender application, which could be brought while they are serving their sentence, so it would necessarily be a new charge. It's not characterized as a new charge or failure to comply with the treatment. It's extending the

November 20th, 2007Committee meeting

Catherine Kane

Bill C-2 (39th Parliament, 2nd Session) committee  As you know, in the Criminal Code there is a definition of “victim”, but it's for the purpose of victim impact statements, and it's quite an expansive definition. It indicates that it's not just the primary victim—that is, the dead, ill, or otherwise incapacitated victim; it can

November 20th, 2007Committee meeting

Catherine Kane