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Justice committee Yes, absolutely.
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee If Bill C-26 passes, I'm not sure what kinds of constraints you can put on private security, because they are being imagined as private citizens. Then the question becomes what type of private security and in what capacity are you talking about? Are you talking about forensic acc
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee Just very quickly, if you just want David Chen to be able to arrest, as the owner, as the proprietor, and you're willing to say that will not include an agent of that individual, you've therefore just excluded the entire private security industry.
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee So if you want the small shop guy to do that but you don't want the private security industry to do it, then you just make it explicit in the proposed legislation.
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee My preference is that it be left as is and you let the judiciary continue to perform the elasticity and legal gymnastics necessary to exonerate people like David Chen when the cases arise. Allow them to remain “find committing” rather than prescribed. If this is an inevitabilit
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee I wish Chen and his colleague hadn't thrown someone in the van and hog-tied him. At the same time, if you read the decision—I guess I can say this, because I'm not a member of the bar—you see that it's written with an outcome in mind. Saying that the offence was ongoing.... Hones
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee I would add that it's not only the time, but also where. My concern would be that if you want to eliminate the scenarios that I think are quite possible and probable, given the entrepreneurial nature of the private security industry and how they want to differentiate themselves
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee Haven't the courts already started loosening what “finds committing” means, even by virtue of the David Chen case and previous cases, and won't they continue to do so? Haven't they already done so with respect to “finds committing” for peace officers when common law has said—and
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee I'm a medical lawyer.
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee Yes.
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee The private security sector is regulated and made accountable through provincial statute. The security industry will tell you that they are far more accountable than the public police. They'll say that because they have to adhere to market logics. If in fact they get sued, they h
March 1st, 2012Committee meeting
Prof. George Rigakos
Justice committee Thank you. Members of the committee, thank you for this opportunity to speak to you today on these proposed amendments to the Criminal Code. I understand I only have a limited amount of time, so I'll make my comments as brief and to the point as possible. That's going to be diff
March 1st, 2012Committee meeting
Prof. George Rigakos