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Citizenship and Immigration committee  Yes. Those would be cases that could be characterized as honour killings, but it wasn't in all of those cases that the defence of provocation was raised.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  There were at least three cases. All three of the cases went to their respective provincial courts of appeal on legal issues relating to the defence. The first case was Nahar out of British Columbia, which was decided by the court of appeal in 2004. In that case, it was the acc

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  In all three cases the defence was raised, but it failed.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  No cases to date have been successful.

March 31st, 2015Committee meeting

Joanne Klineberg

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  The criminal law with respect to everyone in Canada is exactly the same. The amendments in Bill S-7 in no way affect the applicable criminal law that could apply; it's only law in relation to the immigration context. As a general matter, everyone who's in Canada is subject to be

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  There's a way to draft many things. One of the main challenges I think would be in how the offences one wanted to have captured would be identified. They could either be identified through particular offences being specifically listed, or they could be identified with a descrip

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  Criminal harassment is a good example of an offence that certainly can cause a person to feel traumatized and fearful, but doesn't involve the physical application of force. Child pornography offences, for instance, there's a way to look at them such that they are violent offence

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  Yes, for that we looked at appellate cases from 1999 to 2014 that dealt with some legal issue pertaining to the defence of provocation. We will have to confer with our departmental supervisors to see if we can provide it. If we can, we certainly will.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  I can address this one.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  The words that are included in the new offences, the verbs, if you will, are “celebrates”, “aids”, and “participates”. “Celebrates”, in the context of marriage, refers to the formalities of the marriage itself. In this particular context, in regard to someone who knowingly celebr

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  I will actually defer that particular question to my colleague Lisa.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  —are also punishable by a maximum of 10 years, and extortion, though that does involve some threatening conduct. There are some property offences that would still potentially be provocation.

March 31st, 2015Committee meeting

Joanne Klineberg

Citizenship and Immigration committee  The property-related offences where the value of the property is over $5,000—

March 31st, 2015Committee meeting

Joanne Klineberg