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Justice committee  What we're looking for is the opportunity to demonstrate intent by virtue of the individuals who for no other apparent purpose are in possession of the essential chemicals, equipment, and materials; where, without their being at the stage of final production, but by virtue of the

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  To an extent, we have to have the chance to go back and have our legal services review this amendment so that we're properly informed on this. But to the extent that you explained it, the bill would address our situation and our difficulty right now. As you mentioned, we have to

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  That stage is rather difficult to explain, because it goes case by case. Allow me to say that traditionally when we've investigated, we've had to step in at the stage where the final product was being produced. If it's a 17-step process, we would find out how we could step in at

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  It does take into account a portion of our reality, but in terms of whether it will be sufficient, I'm not in a position to answer as to the writing of proposed legislation, as to whether it will meet the full need. I'm sorry.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  Not unless we reach a certain point where the production is significantly engaged, where a judge can say there's no doubt that this is what's being produced. But if it's at the stage where the individuals have acquired all the equipment and essential chemicals and materials and t

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  That would be my understanding.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  Thank you for the opportunity, sir. As I mentioned in French, I'm not a lawyer, so I'll be careful not to say that I can give any interpretation. I don't want to interpret a proposed bill. However, from the law enforcement perspective, as I mentioned in the opening statement an

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  We do not necessarily support the clause as it stands right now. We are suggesting that your committee should debate other considerations. The scope should not necessarily be limited to methamphetamine. We need to focus on the intention. In its current form, the provision does no

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  Yes, in the situation that you have described, Mr. Ménard. However, I think that it would be very difficult to produce that corroborating evidence without wiretaps.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  My role, Mr. Ménard, is to provide you with information to help you deliberate on the matter.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  I am not shy, but I am not a legal expert either.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  In my opinion, some amendments might be justified. We understand the intent of the bill. We agree that amendments are needed in order to close the gap.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  This may be in furtherance to the answer. My understanding right now is that the precursor chemical regulations address precursors. They do not address material or equipment. Our position here vis-à-vis this proposed legislation is that the intent is there. Our reality is that

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  Absolutely, but we need to be sure that individual possesses them for illegal purposes. The burden of proof then lies on the police and the crown to demonstrate the individual's intention. If there is no evidence to corroborate that intention, we would have a problem.

December 13th, 2007Committee meeting

Insp Michel Aubin

Justice committee  Basically.

December 13th, 2007Committee meeting

Insp Michel Aubin