National Defence committee  I never prefer homework, but I think I would be more than happy to take more time to consider it and to provide the committee with a short written response. I won't send you my bill.

National Defence committee  Certainly that's obviously not the system that exists in the civilian system. It's a measure that could be strengthened when one's looking to encourage judicial independence, and it's a perception. When we look at bias and the perception of bias, it's not whether there is actual

National Defence committee  I think it is indeed possible to find that midway point. In a context such as the military, it is important to have expedient, flexible measures that also serve to maintain discipline and cohesion. The midway point will have to be found. I would rest on our earlier comment that t

National Defence committee  Yes, it is. I think the legislature should be commended for implementing those. Justice Lamer obviously had much more information then we have. We're simply here to say that from our perspective, in the criminal courts it's something that wouldn't happen and wouldn't be acceptab

National Defence committee  I haven't done a line-by-line comparison, but in the Criminal Code only under very extraordinary circumstances do matters proceed when an accused can be subject to deprivation of liberty in the absence of the accused.

National Defence committee  Obviously, I would expect that those jurists wouldn't have just been presented with one perspective. As I have said continuously from the beginning of our presentation and throughout, this committee, Justice Lamer, and others who have examined the bills would have been presented

National Defence committee  Who said that?

National Defence committee  I can't comment directly on the weight that they put on those. Of course I'm not in a position to do that. I'm here in a position to give evidence on the CLA's perspective in terms of criminal law in general. I'm hear to present that information. The election is important, and t

National Defence committee  It's legislatively possible, certainly.

National Defence committee  Yes, but I think the legislation.... In a criminal context we already have difficulty defining what a criminal record is. Is it just Criminal Code offences? Is it broader than that? Does a criminal record encompass discharges, absolute or conditional? There's a raging debate abou

National Defence committee  Our interest is to ensure that, for the legislation currently on the books, any amendments to that legislation meets the high charter standards that are expected and the procedural fairness that is expected in our legislation.

National Defence committee  As I said in my opening remarks, certainly things are very different in the military. I won't pretend to know what it's like in the military. I've never been in it, nor do I practice extensively in that area. I'm fully aware, as I expect this committee is going to hear or has h

National Defence committee  I would agree with you on that point. When you're balancing the nature and gravity of the charter breach and the potential consequences, those are all factors that go into the balance, so that's a system that's less fair or that wouldn't withstand scrutiny in the criminal context

National Defence committee  With regard to the question of taxpayers paying for committees that examine military judges, one might also view it as money that can be well spent if it ensures that properly trained and--as this bill makes them--more independent people are appointed to that role. I don't think

National Defence committee  It may be self-interest, but I'm of the opinion that having counsel present is one of the most important things one can do to strengthen access to justice and procedural fairness to make sure that any injustices are caught at the front end. I note that there are some provisions--