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Bill C-2 (39th Parliament, 1st Session) committee  The intent of this amendment is to remove the words “beyond the scope of those usually raised in prosecutions” from the English, and from the French, "of general interest beyond the scope of those usually raised in prosecutions". In response to a question from honourable member Owen, I advised the committee that the current test for interventions is a public interest test.

June 13th, 2006Committee meeting

Chantal Proulx

Bill C-2 (39th Parliament, 1st Session) committee  Proposed section 14 deals with interventions by the Attorney General and refers to a “public interest” test. That test is currently in the common law as the basis for an intervention. In fact, the amendment merely codifies the existing practice. Proposed section 13 was meant to craft, as broadly as possible, a definition of what the DPP ought to inform the Attorney General about.

June 13th, 2006Committee meeting

Chantal Proulx

Bill C-2 (39th Parliament, 1st Session) committee  As the honourable member points out, the public interest test is one that is known in our Canadian jurisprudence. General interest is a somewhat less common expression. In terms of statutory interpretation, I think we would attach its plain and ordinary meaning. It was felt that this expression was to be construed as least as broadly as public interest, if not more broadly.

June 13th, 2006Committee meeting

Chantal Proulx

June 13th, 2006Committee meeting

Chantal Proulx

Bill C-2 (39th Parliament, 1st Session) committee  The proposed amendment adds the word "important" to the English version and is designed to correct what might be interpreted as a lack of concordance between the English and French versions.

June 13th, 2006Committee meeting

Chantal Proulx

Bill C-2 (39th Parliament, 1st Session) committee  The proposed amendment would essentially do two things. In the first instance, it would introduce the concept of the DPP informing the Attorney General on interventions. As previously drafted, the requirement on the part of the DPP to inform was limited to prosecution, so it broadens it in that fashion.

June 13th, 2006Committee meeting

Chantal Proulx