Bill C-27 (39th Parliament, 1st Session) committee  The honourable member says he trusts the crown discretion and goes on to talk about applications falling through the cracks. I fail to see where Bill C-27 advances us in that regard. He further states that applications would look the same. If the applications are going to look th

Bill C-27 (39th Parliament, 1st Session) committee  As a practitioner, not a researcher, I can't speak across the board or for different communities. I can only tell you what I've read in the case law and with regard to the practice I have. I can indicate from case law—and I'm certainly referring now to R. v. Neve as one of the

Bill C-27 (39th Parliament, 1st Session) committee  Thank you. I trust the discretion of the crown, insofar as it has been exercised for literally hundreds of years, to engage in a process that is then reviewed by a judge and to which there is an adversary, the defence bar. I cannot say the same in a situation that has never rise

Bill C-27 (39th Parliament, 1st Session) committee  Yes, sir. Such a situation arose recently in the Federal Court of Appeal and it was upheld, because the offender need not participate. The discussion of prediction of recidivism is predicated on past behaviour, and past behaviour is captured in Correctional Service Canada record

Bill C-27 (39th Parliament, 1st Session) committee  I believe you are, yes. If the crown is seeking a dangerous offender designation in the first instance, or even contemplating one, the number of times that that crown needs to exercise his or her discretion is of no comfort. Whether this is the first or second time, before or aft

Bill C-27 (39th Parliament, 1st Session) committee  The two questions posed by the honourable member are, if I understand them correctly, to address the minister's comments in respect of the accused's lack of participation right now and what barriers it poses. I would welcome the opportunity to submit transcripts of testimony on

Bill C-27 (39th Parliament, 1st Session) committee  Do I think most would? No, probably not, but some would, yes. I've seen some remarkable things. I've seen some remarkable applications. And we don't have time for war stories, but it's not so absurd a hypothetical that I thought it did an injustice to the committee to put it do

Bill C-27 (39th Parliament, 1st Session) committee  Thank you, Mr. Chair. I'll skip by the hypotheticals, which are all included, of course, in the article, and simply say this: the opportunity for an application to be made and the onus to be reversed for an individual, as was pointed out earlier, who could have but a single pri

Bill C-27 (39th Parliament, 1st Session) committee  First off, if I may, I thank the chairman of the committee for the opportunity to speak to this important piece of legislation. The brief that's before this committee was actually prepared as an article for the Criminal Lawyers' Association, to be published in their newsletter.