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Justice committee Most criminal law amendments come from resolutions which were passed at the Uniform Law Conference of Canada. As you probably know, it is a forum for provincial Crown prosecutors, defence bar representatives and sometimes judges. Most of the amendments come from resolutions which
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee There is already indeed a system in place for the seizure of offence-related property. The amendment allows for the seizure of a computer used to commit an offence, even a summary conviction offence. As you know, for the time being, provisions on offence-related property apply wh
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee The provision as worded offers some guarantees. For instance, the prosecution and the defence must consent to this stay in sentencing. The advantage of this system and its effectiveness is related to the fact that when judges postpone sentencing, they give the accused a chance,
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee I can tell you that this suggestion was made in the form of resolutions presented by three provinces, on three different occasions, at the Uniform Law Conference of Canada. Prosecutors explained that the offence "possessing break-in instruments" was often committed at the same ti
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee There is an attempt to mitigate certain risks like in the case of a challenge for cause. When there is reason to believe that a perspective juror may be biased, questions are asked in that regard. He will be asked, for instance, about knowledge of newspaper articles or media repo
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee No, the bill—
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee This bill proposes amendments that we consider to be technical and minor corrections to be made to the current system. That particular amendment would apply in situations involving Internet betting. The other controversy you raised is a significant one, and we are working on it a
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee Usually, when an individual is arrested, he is indeed taken before a justice of the peace. If the Crown is against releasing him, a bail hearing must be held. With respect to language the hearing is held in, I will defer to my colleague. However, there are two possibilities with
May 2nd, 2007Committee meeting
Anouk Desaulniers
Justice committee The changes to section 1 are intended to reorganize all of the provisions of the Criminal Code that deal with proof of service of documents under section 4 of the Criminal Code. Following that, you will see that in light of other sections of Bill C-23, we will proceed to repeal
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee The amendment would modify subsection 487.01(4), which deals with a warrant authorizing an officer to observe. We're talking about visual observation. The amendment is intended to add what we commonly call GPS, that is to say global positioning systems, to this section, which in
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee Subsection 1.
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee If it is still the intention of the members of the committee to mention GPS explicitly in the legislation, it would be best mentioned in subsection 492.1(1). There is nothing in the existing section that explicitly bans the use of GPS, which is indeed a tracking device. The amend
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee In general, an indictment may have, depending on the number of counts, one, two, or three pages. But if for some reason we're talking about a mega-trial and it involves many accounts, then it may go up to five or six pages. But it's rarely more than that.
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee If I may, I would like to provide some explanation on this issue. The aim of clause 23 is to allow the accused the option of re-electing without the consent of the prosecutor, when the latter has filed a preferred indictment. The aim of the government amendment is therefore to co
May 15th, 2007Committee meeting
Anouk Desaulniers
Justice committee The purpose of the amendment is to correct a drafting error. If no amendment is made and the words “or the re-election was made under subsection 565(2)” are not added to the English version, when a preferred indictment is filed and the accused wishes to re-elect, he could force a
May 31st, 2007Committee meeting
Anouk Desaulniers