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Justice committee I think it's important to give the judge the discretion. Every once in a while you have an exceptional case. You may have somebody who has made significant steps to atone for their conduct and for whom the imposition of a criminal record would actually be contrary to the public i
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee If I could add something with respect to the charter—and unfortunately I didn't have too much time to look into this—I saw a potential issue arising with respect to section 2(b). As you know, mischief doesn't only consist of destruction of property but also the interference wit
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee I've had peripheral involvement but nothing too much.
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee I can't really speak to the probabilities. I know that it's becoming more difficult to get a pardon, generally, and that there are obviously delays in that. I'm being reminded that there are delays in obtaining a pardon. I would also say that if you're going to argue that it's e
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee Yes, I would agree that a judge will most definitely take that into account. I suppose what I was getting at before was that I think the inclusion of this language is symbolic, in that it would be an expression of Parliament that these acts are particularly worthy of condemnation
March 29th, 2012Committee meeting
Leonardo S. Russomanno
Justice committee In my experience, with respect to a fine, obviously when you have a fine, it's premised on the ability to pay. And courts are mandated——I'm thinking of a recent case, in fact—to look into whether the offender has the ability to pay. When it comes to fines, a certain amount of tim
March 29th, 2012Committee meeting
Leonardo S. Russomanno