Justice committee  It's not five or 10 minutes. It's not ready. It hasn't been prepared. If that's going to be introduced, then the defence has to challenge it, and you're going to have a trial at the bail hearing. If in five or 10 minutes the crown counsel could be better equipped to put a bail hearing together, then I'm all for that, but we're talking about the case.

Justice committee  Right: to prove the fact that the accused has failed to appear in court on one or more occasions when required to do so;

Justice committee  Sir, are you referring to Roman numerals (v) and (vi) in the bill?

Justice committee  With the greatest respect, I don't think they add anything to the existing system that we have. If an accused person has failed to appear, then immediately there's going to be a problem on the primary ground. In other words, if I've been charged with a criminal offence, the court wants to know that I'm going to show up.

Justice committee  The fact that an accused has failed to appear doesn't say he has been convicted of a criminal offence of failing to appear. That expands it, no question in my submission. How is this interpreted? Whether or not there is a new thrust on crown counsel not to follow the law as it is, as guided by the courts, in the Morales and Pearson decisions of the Supreme Court of Canada, is something I'm concerned about.

Justice committee  I don't see any difference, really, on first reading, but this is the issue that's being examined by committees right across the country and by the Department of Justice. This is one of the administration of justice offences that contribute to the enormous number of persons in remand in the jails.

Justice committee  Let's look at paragraph 518(1)(c) of the Criminal Code and its proposed replacement subparagraphs, starting with: (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused, That's nothing new in some respects, but if you're putting it in there, what does it do?

Justice committee  Of course it's relevant, but why have they breached it 15 or 20 times?

Justice committee  With the greatest respect, they may be persons.... You will find in the National Criminal Justice Symposium's studies on justice efficiencies that the vulnerable in this country face administration of justice offences more than anyone else. I didn't come up with that. Those are the studies that have been brought forward.

Justice committee  No, with great respect, sir, the bill is a legislative change to the Criminal Code. I've tried to get up to speed, and I'm happy that Mr. Elliott referred to it. I've read a couple of the reports. As a result of this, there was a decision by Chief Justice Wittmann dealing with police officers doing bail hearings, etc., in Alberta.

Justice committee  You can't legislate the failure to communicate, and that's what happened here. Let me say this: most defence counsel will tell you that the bail hearing is the most important aspect of the criminal justice system, because it's the front end. A determination is made as to whether or not your client's right under the charter is going to be met.

Justice committee  With the greatest respect, you don't need legislation to tell someone that they need the information. The bill creates problems in that sense.

Justice committee  Thank you very much, Mr. Chair, and honourable members of the committee. It's an honour to be here. I am chair of the Canadian Council of Criminal Defence Lawyers, which was formed as a council in 1992. For those of you who don't know, where there is a strong criminal defence organization in a province, we have a representative.

Justice committee  We are at a very interesting time in terms of collaboration in the criminal justice system. For instance, there are talk shows. People are talking. There's Bell Canada's “Let's Talk” campaign. People are talking about the issues and mental health. We don't do a very good job at communicating how the criminal justice system works.

Justice committee  I think the one main reservation is that young offenders, even though some of them commit heinous crimes, are still persons we recognize as being in need of guidance, protection, and less accountability or responsibility. We don't let them vote, and that's a recognition of there being some difference.