Justice committee  As I said earlier, this is about the paramount consideration given to the deprivation of liberty in the case of someone who is clearly responsible for committing a serious crime, but is not responsible criminally. The paramount consideration given to the deprivation of liberty i

Justice committee  I agree with you that.... As I said in my previous intervention, what we are glad about is that the courts are nonetheless given the discretion to evaluate these factors, and we certainly trust the courts to do the right thing. However, our concern is that because of the language

Justice committee  Yes, I'll try. Basically, it is a matter of finding a balance between protecting the society and protecting the individual. As experts will tell you, it is always very difficult to assess how dangerous an individual is based on the one act the person committed. The act is defini

Justice committee  Mr. Chair, members of the committee, thank you for having us. I am here on behalf of the Barreau du Québec. I am joined by Lucie Joncas. The Barreau du Québec is a professional body that represents almost 24,000 lawyers in Quebec. Its positions are taken by elected bodies, follo

Justice committee  Before we stand, on the last question, we should maybe be able to answer. She was asked a question about whether she was an analyst or gave a conference or something at the Liberal Party, and she did not understand what the question was. Can she at least explain that?

Justice committee  The difficulty with that is--

Justice committee  I think that when an individual apprehends someone he has seen and knows has committed the offence, then they can apprehend that person.

Justice committee  Yes, and that doesn't mean on the second. There is sometimes a bit of a delay. Our concern is that when we introduce the notion of reasonable delay, we're necessarily extending the time. The courts had recognized a standard of time.

Justice committee  Honestly, I don't think there's any judicial interpretation that says that when a person walks out of the store and is apprehended, that person is not committing the offence. The offence is being committed. And I don't think you think that either.

Justice committee  Honestly, I think that, when citizens act this way, they are not thinking about the exception in the act; they are acting because they are the victims of a situation. Our fear with regard to this provision concerns the reference to a reasonable time. What is a reasonable time? He

Justice committee  I do not believe the act needs to be extended to enable individuals other than police officers to resort to those means.

Justice committee  Our view is that historically the right to self-defence is something recognized in legislation, and it is legitimate for people to repel force by force when they're attacked. All we are suggesting is that the wording of the legislation should suggest that, should indicate that.

Justice committee  In our opinion, the bill is well drafted. I understand the fears raised by others, but we believe the issue here is judicial discretion, evaluation. The bill indicates that the factors cited should be considered, but there are others. That is what I meant earlier when I answered

Justice committee  I know you have discussed this matter. With all due respect, I believe the word "notamment" is not at all a restrictive term. When the term "notamment" is used in a legal document, it may simply be to cite an example. In case law and under the rules of interpretation, it is not v

Justice committee  When someone arrests a person, the matter sometimes proceeds normally and calmly. In fact, that is what happens in the majority of cases. Hundreds and thousands of people appear for shoplifting, for example, in courts that deal with those kinds of cases, and it all takes place in