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Bill C-2 (39th Parliament, 2nd Session) committee I could add that the various coming into force dates of the previous bills were the subject of ongoing discussion, because provincial and territorial attorneys general always remind the government that they need a reasonable time to prepare, and because of the uncertainty of when
November 20th, 2007Committee meeting
Catherine Kane
Bill C-2 (39th Parliament, 2nd Session) committee The bill provides for that option, so that if some provisions should come into force immediately, they would come into force immediately, and others within a matter of a few months. Or they could all come into force at the same time. There are various combinations and permutation
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
Bill C-2 (39th Parliament, 2nd Session) committee That's correct, and in the case-by-case analysis of who the victim is, it may not be your neighbour down the street, but judges are certainly taking notice of who the victim is and who has suffered.
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
Bill C-2 (39th Parliament, 2nd Session) committee That is my understanding.
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 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
Bill C-2 (39th Parliament, 2nd Session) committee That's correct.
November 20th, 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 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 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 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