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Public Safety committee  The principle that you raise refers perhaps best to restitution orders ordered by the criminal court to compensate victims. The principle that you raise would apply to that one out of the four different situations the bill contemplates, and there are still the practical objection

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  If you will allow me, I have something to add.

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  It's going to create friction between offenders and the correctional service, and there is no need. If they're upset because money is being seized behind their back without their agreement, it can be the provincial mechanism that does it. There's no need to cause this further f

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  The merit would be in the intention, but I do not think it works. I don't think it can work. I don't think it makes sense to try to bend it out of shape and find a way to do at the federal level what the province already does and perhaps could do better. If there is any problem

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  That is a problem. Eventually, I imagine, somebody will come forward who has the resources, either private or through legal aid support. If money is seized from someone and that person thinks that the money was seized without jurisdiction, surely there will be a challenge through

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  If you'll permit me—

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  —I had an opportunity to look at the transcript of Mr. Toller's testimony from yesterday. I think Mr. Toller was trying to make a distinction between the way the Correctional Service operates now and the way the Correctional Service would have to operate if Bill C-350 were enacte

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  What we have said thus far is in reaction to the bill's intention. Our criticisms have presumed that the provisions as drafted will operate to create the proposed recovery system. But will they? We note that the whole of the proposed section 78.1 is made conditional on satisfact

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  I'll summarize. Dealing with the other heads for recovery, paragraphs 78.1(1)(b) and 78.1(1)(c), the picture is less clear, because a crown attorney is party to the proceedings in which restitution and victim surcharge orders are made. Is this sufficient knowledge to consider th

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  Then I agree with it.

May 3rd, 2012Committee meeting

Stephen Fineberg

Public Safety committee  The Canadian Prison Law Association thanks you for the opportunity to appear on this bill. We're a national organization of prison law practitioners from across the country whose purpose is to advocate on behalf of incarcerated persons and promote the rule of law as it affects

May 3rd, 2012Committee meeting

Stephen Fineberg