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Justice committee It would be easier for me to answer in English, if you don’t mind.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Thank you. As to whether the charter should apply to private security guards or whether there's reason to place on private security guards the responsibility, for example, of providing the right to counsel and observing something similar to the dictates of the charter, what I'd
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee I am indeed.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee None.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Yes, I'm happy to respond to your questions. I also have a great deal of faith in judges. I guess one of my concerns would involve all the cases that don't get to court, and all of the circumstances where either there's no criminal charge, or there's no civil action brought becau
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Right.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Again, what's so interesting about the Chen case providing the impetus for this law reform is the fact that Mr. Chen was acquitted. Actually, this goes to the member's point--
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Yes, you have understood correctly.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee It's difficult for me to separate this question from the realities of what we know about, even in the context of police work, some of the frailties associated with this process.
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Again, I see where you're taking me. My difficulty is.... Let me use one example. There's a real concern that exists in the criminal justice system about the veracity of eyewitness identification. There's this phenomenon of the honest witness who mistakenly identifies someone, wh
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee I'd just say very briefly, dealing just with the powers of citizen's arrest, that I think the difficulty with the proposed changes is that a citizen might be unaware of the extent of his or her authority to perform these kinds of arrests because there's a presumption that citizen
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Thank you very much. I'll start with your first question, which concerned the extent to which the citizen's arrest provisions interact with other provisions in the code that might provide protection to an individual performing a citizen's arrest. What I'll say is that the bill a
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Right. These concerns really only materialize if an individual has exceeded his or her authority in performing the arrest, and that individual is subsequently charged with assault, for example. In that case, the defence-of-property and the self-defence provisions, more broadly, a
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell
Justice committee Good morning. My name is Vanessa MacDonnell. I'm a law professor at the University of New Brunswick Faculty of Law. I teach and research in the areas of criminal and constitutional law. This past summer I authored a paper with Mr. Russomanno on the changes being proposed to the
March 1st, 2012Committee meeting
Prof. Vanessa MacDonnell