Justice committee  It certainly is.

Justice committee  It's up to you to decide whether or not there's a need for this legislation. I'm suggesting that if there was a need for this legislation we would probably see a number of charges in this area. I would respectfully submit to you that we're not going to see it, because I believe t

Justice committee  I think it's fair to say that a strict level of proof has to be established beyond a reasonable doubt that the murder is planned and deliberate. I don't think the jurors in this country have a great deal of difficulty understanding that concept. As a matter of fact, I think we'

Justice committee  It's a case called Bonner and Lindsay.

Justice committee  The one I'm referring to is Bonner and Lindsay. It's an organized crime prosecution. The decision of Madam Justice Fuerst is a thorough decision on organized crime and the definition in the Criminal Code. It's under appeal, but it's helpful reading.

Justice committee  I think when you get a serious offence where there is a reverse onus provision, the reverse onus provision isn't necessary. There are still the three standard grounds: primary, secondary, and then the third ground, which is the protection of the public interest. Quite frankly, th

Justice committee  I think you've heard from my colleagues testifying today that there's no reluctance throughout the country to prosecute. I think there are major prosecutions involving organized crime and guns and gangs throughout the country. Where the investigative tools and the infrastructur

Justice committee  A short answer? Okay. When you add an element to an offence already existing in the Criminal Code, that element has to be proved. It doesn't lend to efficiency if it's not necessary. Use the first-degree murder example. If you are going to allege that a first-degree murder becom

Justice committee  Could I just respond to that? Quite frankly--

Justice committee  Thank you.

Justice committee  Thank you very much, Mr. Chair and members of the committee. I apologize for being late. There was a decision being made in Toronto about whether or not the plane was going to take off. It was late. I went up and said, “If I don't go, do I get two for one for my ticket?” They sa

Bill C-35 (39th Parliament, 1st Session) committee  Statistics—the word I would rather use is evidence—that it is a problem. One of the ways you find out is that there are statistics showing hat bail provisions as currently structured are being abused. I'm not sure what Mr. Lomer's position was. I represent the national council,

Bill C-35 (39th Parliament, 1st Session) committee  I don't think Mr. Dykstra meant anything negative. He wanted some clarification. I don't remember the context, but I can tell you that I defend police officers and we consult with police officers. I just was representing a person charged with the first degree murder of a police o

Bill C-35 (39th Parliament, 1st Session) committee  I think the two additions to the confidence in the public administration of justice cover the concerns without shifting the onus. In other words, if you say that the firearm was a part of the offence, and that gets added to the section that the public would lose confidence in the

Bill C-35 (39th Parliament, 1st Session) committee  I think it's a problem, and I hope I can answer it. What's going to come into the system? Who's going to lay the charges? It may very well be that by those examples certain people are going to be caught up into this web who it is not the intention of any of you to address, becau