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Justice committee  The decision I will talk about first involves Mr. Coffin, in the sponsorship scandal. In fact it was discussed in the House in the debate on first and second reading. Coffin, as you know, had been sentenced to a term in the community at trial, and the Quebec Court of Appeal order an 18-month sentence for a fraud of $1.5 million committed against the government.

November 25th, 2009Committee meeting

Simon Roy

Justice committee  That is in fact a good comparison. However, in the case of proceeds of crime, we have to understand that the person seeking confiscation of the proceeds of crime is the Queen, the government. The government is in a position to have lawyers and investigators to prove the case. In the case of fraud, the victim is the one seeking restitution.

November 25th, 2009Committee meeting

Simon Roy

Justice committee  Exactly. Unless we accept the idea that the government will act on behalf of the victim, through some form of legal aid or reimbursement assistance, and we put the burden on Crown prosecutors, who already have enough of a burden, in my opinion, and who are not experts in civil law, I don't see how it would go faster.

November 25th, 2009Committee meeting

Simon Roy

Justice committee  I think a minimum sentence should not be imposed on accomplices. That should be left to the judge's discretion. Otherwise, it gets too complicated. On the other amendments, I think there would have to be an express reference to the sections on probation and the rules relating to that would have to apply.

November 25th, 2009Committee meeting

Simon Roy

Justice committee  First, I would also like to thank the committee for giving me the opportunity to address it. I would like to note that I am before you here today as a professor of criminal law and also as the co-chair of the master's program on fighting financial crime, a program offered in Montreal.

November 25th, 2009Committee meeting

Simon Roy