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Public Safety committee  Thank you, Mr. Chair. It is an honour to be here today to contribute to your important work on Bill C-3. The right to a fair hearing is a fundamental value at the heart of the administration of justice in Canada. It dates from the Magna Carta. It distinguishes us from dictator

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Thank you. The Canadian Bar Association did provide very similar recommendations and criticisms of Bill C-3 in its submission, and our recommendations are similar to those of Mr. Waldman and Mr. Forcese.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  I have never done it myself, but what I hear from others is that those instances involve a huge amount of documentation that you have to review, and it is apparently impossible for only one human to handle it. So as was discussed this morning by Messrs. Waldman and Forcese, if y

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Well, according to the CBA review, the bill does not pass the charter's test right now. It definitely needs to be amended, on various accounts.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Yes, you need physical space so you are able to sit somewhere and get organized and do a proper review of the documentation. There is also the ability to meet with witnesses or potential witnesses. There are a number of needs that you cannot ask an individual to just volunteer

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Yes, absolutely.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  We think it would be an acceptable solution. To a certain extent, it would ensure, if need be, that the special advocate will not disclose information that is still protected. Having said that, one of the things that has been pointed to in a number of previous studies is the fac

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Well, yes, most of the time, I believe, but it may depend on the case. Of course, if you don't have any background or educational support for the specific case, you'll have a lot more work to accomplish before you become efficient.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  No, that term is completely inappropriate. Of course, the term “défenseur” suggests the act of defending someone. The Bill talks about protecting interests. “Special advocate” is a sui generis expression and it is impossible to know what it means until you read the legislation to

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Yes, exactly.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  Absolutely.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  There are a number of charges under various categories of offences. Then, if some evidence is to be protected or kept secret, the judge would have to review the evidence, balance the need for protection versus the inconveniences for the individual to access or not access the ev

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  The CBA opposes it and recommends major changes.

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  This individual would be charged under the Criminal Code—

November 29th, 2007Committee meeting

Isabelle Dongier

Public Safety committee  No. We cannot either quote statistics of how many of those who were deported or sent back home or went back home have been in fact detained or tortured or killed. I don't think anyone has access to or has compiled that type of information. Perhaps you could ask Amnesty Internati

November 29th, 2007Committee meeting

Isabelle Dongier