Environment committee  Again, as I said, the expression will be defined through common law over time, but on its plain meaning, the words “undue hardship” certainly denote something out of the ordinary.

Environment committee  It would certainly have weight.

Environment committee  I can answer that in reference, I think, to the Excise Act. It contains a number of mandatory minimum penalties in relation to tobacco smuggling. Those penalties were subject to constitutional challenge on the basis that they constituted cruel and unusual punishment. In a case wh

Environment committee  I may be able to help a bit. I think I would add that the term “undue hardship” would be defined by the courts over time through jurisprudence. Certainly the words themselves, their plain meaning, one would think would denote an exceptional circumstance and not a run-of-the-mill

Environment committee  I'm going to ask Ms. Eacott if she wants to deal with that question.

Environment committee  That's correct.

Environment committee  In the circumstances, I would prefer to turn to my colleagues from the Department of Justice. They will explain to you the underlying reason for that.

Environment committee  The minimum penalties are provided for certain violations that are considered to be most serious. Some provisions of the act enable certain individuals to ask a court not to impose the penalty. I'll hand over to Ms. Eacott, who will provide you with details on that subject.

Environment committee  There wasn't any case of improper influence that had been identified, no. It was to make sure that prosecutions were manifestly and wholly independent, through the creation of mechanisms whereby, should the Attorney General wish to direct the DPP to act in any particular fashion,

Environment committee  It was. Thank you for your question. The Director of Public Prosecutions Act was part 3 of the Federal Accountability Act, which came into force on December 12, 2006. The Minister of Justice, the Honourable Vic Toewsat the time, testified before Parliament that the intent of the

Environment committee  Thank you, Mr. Chair and honourable members. On behalf of the PPSC, I am pleased to have this opportunity to address this committee in its continuing examination of Bill C-16, the Environmental Enforcement Act. Joining me is Erin Eacott, a front-line prosecutor with our Edmonto

Information & Ethics committee  I'm happy to assist the committee in any way that I can within the limits of our ability.

Information & Ethics committee  I guess that's up to the committee, frankly.

Information & Ethics committee  Perhaps just by way of correction in response to one of the last questions posed, and that Mr. Beardall answered, about the number of instances of Canada Elections Act files upon which we have been consulted, I echo Mr. Beardall's evidence that there have been few. My previous

Information & Ethics committee  Yes, they are.