Public Safety committee  Currently only designated judges of the Federal Court, and not the adjudicator presiding over the underlying proceeding, may conduct proceedings under section 38 of the Canada Evidence Act. This issue speaks to the larger issue of bifurcation or non-bifurcation of such proceedi

Public Safety committee  Thank you. Yes, this particular motion to amend would seek to insert special advocates in the section 38 proceedings alone. It is the current practice of the Federal Court to appoint an amicus curiae, a friend of the court, as appropriate, to assist the court in section 38 procee

Public Safety committee  Thank you for the question. I will just talk a little bit about the proposed amendments. The Youth Criminal Justice Act recognizes that young persons have special guarantees of rights and freedoms, and it contains a number of significant legal safeguards to ensure they are trea

Public Safety committee  You may see under the provision, I believe it's section 119 of the act, that there are a number of paragraphs dealing with authorities to share information under the act. There is an additional paragraph to be added that allows for the sharing of access to youth records for the p

Public Safety committee  The charter statement was tabled on the date the bill was introduced, which was June 20, and there are no updates to the statement.

Public Safety committee  Indeed there is a link to the counselling offence that's proposed in Bill C-59. The “terrorist propaganda” definition is proposed to be amended to mean “any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence”. It's very cl

Public Safety committee  It's important to realize that the counselling offence, as proposed in Bill C-59, is an offence that would be subject to prosecution. The “terrorist propaganda” definition applies to a system within the Criminal Code. Former Bill C-51 created two new warrants in the Criminal Co

Public Safety committee  Thank you very much for the question. Yes, Bill C-59 would propose to revert one of the thresholds to what it was before former Bill C-51. There are two thresholds: that the peace officer have, first, reasonable grounds to believe that a terrorist activity may be carried out, an

Public Safety committee  It is an increase in the threshold. This tool is available for use. It hasn't been used to date, but it may very well be used in imminent circumstances, in which case there may be a closer link between the necessity of using the tool to prevent the terrorist activity from being c

Public Safety committee  Thank you. The recognizance with conditions has never been used, so there's no established jurisprudence there. There have been peace bonds used involving youth. The Youth Criminal Justice Act contains significant legal safeguards to ensure that young people are treated fairly

Public Safety committee  Just give me a moment.

Public Safety committee  It would ensure that section 83.3 recognizances and the new terrorism peace bonds and section 810.011 would apply to youth under the Youth Criminal Justice Act, and that applications would be heard in youth court.

Public Safety committee  It's my understanding that the provision is made for witnesses, including victims, and for prosecutors and judges to be able to apply for the imposition of measures to protect the security of a witness. Existing Criminal Code provisions governing the application of testimonial

Public Safety committee  This isn't a prosecution, for one thing. It's an application for a terrorism peace bond, and it would have to be done with Attorney General consent. It says: A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney Gene

Public Safety committee  If we're dealing with proposed subsection 486(1.1), it reads: The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin So it allows for the application to made during or before, whereas I understand this amendme