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Justice committee My understanding is that the police lay the charge. If it's a second time that you're convicted, then in a sentencing hearing your criminal record goes before the sentencing judge. It will be known to all that it's a second conviction.
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Yes.
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee I think I heard it a long time ago, but I don't recall right now.
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee From your question, I really glean from that two major principles of sentencing: one is denunciation and the other is deterrence. I could not disagree. I certainly would agree that, by particularizing this kind of offence in relation to war memorials, I think it's a message from
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Well, it's difficult. I think that what Ms. Latimer was talking about in terms of a general desire to simplify the Criminal Code is something that I certainly could sympathize with, and we can leave it to the courts to determine whether something is particularly aggravating. At
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee No. I've defended many dozens of mischief charges generally, but I’ve never dealt with one specifically dealing with a war memorial. I spoke of an incident that one of my colleagues had, involving I think something quite similar, which related to the theft of money that had been
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee You're talking about importing the model from impaired driving into these mischief provisions. I don't really think it does much to enhance respect for the law. As I said, I think there are some conditions that could be attached to a probation order that would do much more in te
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Thank you. First off, I'd like to thank members of the committee for inviting me again to speak here. It's always a pleasure to take part in this dialogue with members of Parliament on issues of criminal law. I'd ask that you go a little bit easy on me today. I've had about 24 h
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee I don't have an interest in the proliferation of theft. I also share the interest in enforcing law and preventing theft. I'm not sure that you can necessarily tie the comment that there have been fewer thefts to the message that was sent by the court, and whether or not we can
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Let me just use an example to establish my disagreement. The charter was enacted in 1982. There have been messages being sent by the court, including the Supreme Court, about what the boundaries of police obligations and powers are. I would say that the police in many cases have
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Yes. I think that should definitely be the case.
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Yes, and I should note that none of the changes being proposed would possibly affect that.
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee That's a very difficult question. I don't think I can answer it, the reason being that this has to do.... The problem with the David Chen case is the use of police discretion and the use of crown discretion. There are very good reasons that police are given a wide latitude to lay
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee I do, actually. And I do see the language of the legislation as being.... Contrary to the previous remarks, I understand there are other cases as well, but it seems to be directly tailored to Mr. Chen's case.
March 1st, 2012Committee meeting
Leonardo S. Russomanno
Justice committee In other words, should it apply?
March 1st, 2012Committee meeting
Leonardo S. Russomanno