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Justice committee  Unfortunately, no.

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  I'll certainly undertake to do that.

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  The understanding in the criminal law is that where there are maximums, the legislator is saying how serious a particular offence is. That is why there are maximums. They distinguish different offences. They distinguish different crimes. For example, there have been historically

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  You're obviously entitled to your view on that, and I will fight for your right to express it and hold it. But I think there is a very clear distinction that has historically been made between what a maximum is supposed to say about an offence and the idea that a minimum will red

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  That is a good question, Mr. Ménard. I will be frank with you. I may have a personal opinion on that subject, but I will not share it. It is something that probably must be discussed within our committee, made up of Crown prosecutors, lawyers like Mr. Brabant and others. Obviousl

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  “Unfettered judicial discretion” is a way of characterizing what I said. But I have always supported, and continue to support, judicial discretion. In other words, sentencing is a process whereby the court sanctions an individual, not some mummy but a person. Judges need to have

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  We've all opposed it.

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  I would like to understand the scope of your question. In fact, if I understand correctly what was said, there is a certain nuance. No one is challenging the very notion of professional privilege, because, in my view, that would affect the entire justice system and everyone's bas

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  I think there is a relatively new element. In Quebec, in recent years, we have seen the advent of what we started to call mega trials. This is a new way of managing and organizing the work of those involved in criminal prosecutions. Managing this information and this documentati

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  I'm sorry.

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  Thank you for the question, Mr. Ménard. Taking that position is important. The Bar has always held that the discretion of judges and prosecutors is very important, not only the discretion of judges. For justice to be effective and fair, prosecutors, including police officers, mu

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  Thank you, Madam Jennings. With respect to your first question, I alluded to important aspects that were addressed, but the report did not include any recommendations. Rather, it identified what the individuals had said. To my knowledge, there has been no follow-up. With respec

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  Yes. I'm sorry. The criminal justice system must treat victims of offences and witnesses to offences with courtesy, compassion and respect. Victims and witnesses should not suffer harm as a result of their involvement in the criminal justice system. The criminal law must descri

October 22nd, 2009Committee meeting

Giuseppe Battista

Justice committee  Thank you, Mr. Chair. Thank you, members of the committee, for having invited us. I am speaking today as Chair of the Advisory Committee on Criminal Law of the Barreau du Québec. We would like to take this important opportunity to reiterate a few messages and concerns that we h

October 22nd, 2009Committee meeting

Giuseppe Battista