Justice committee  No, I have absolutely nothing to add to my colleagues' statements. However, I would like to clarify one point in connection with Mr. Rankin's question earlier; my colleague referred to the accused being incarcerated for one day in lieu of paying the fine. In Quebec, judges do no

Justice committee  Yes, mostly. Because the legislator had removed the discretionary power to impose the surcharge or waive it, some situations could generate disproportionate sanctions that amounted to cruel and unusual punishment, which breached section 12 of the Canadian Charter of Rights and Fr

Justice committee  Yes, absolutely. In my opinion, the lawyer's role is not just to represent clients in court. I'm sure my fellow lawyers agree. Our role is first to let the person know the amount of the surcharge, as that information is not provided at the hearing. Judges say “plus the surcharge

Justice committee  No. In fact today I am focusing on section 737 of the Criminal Code. Since I did not submit a brief, I invite you to read my briefs to the Supreme Court of Canada, which are public documents. I drafted a brief for leave to appeal, and a brief for the justices, which I invite you

Justice committee  Should I answer first? I think the question is for all three of us.

Justice committee  I'll answer the question, but first I would like a clarification. Are you asking whether we have comments on the other provisions of the bill concerning the recovery of the surcharge?

Justice committee  I see. The Supreme Court stated that an indigent person cannot be incarcerated for not having paid a fine or surcharge. In such cases, under section 734.7 of the Criminal Code, the offender must go before the judge and ask for an extension of the period given to pay the fine. I

Justice committee  I understand your concerns. However, with all due respect, I don't think this angle is the best way to address the issue. When I say the justice system should be trusted, I believe it. The interveners are aware of what they'll need to do in the future. When the judges' discretio

Justice committee  Good afternoon, everyone. I won't repeat what the two lawyers from Pivot Legal Society just said. I also had the opportunity to hear their arguments before the Supreme Court. Let me provide some background. One of my reasons for being here today is a case that I appealed in Qu

Justice committee  Thank you.