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Justice committee Is there anything that restricts the prosecutor from recommending release?
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee Well, the prosecutor has to consider whether or not the accused is a candidate for bail and whether or not a bail hearing should proceed.
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee Yes, that's correct, and if that recommendation is being considered, I would expect that the prosecutor will, after consultation with the police and perhaps with defence counsel, look to see whether or not conditions can be put into place to ensure—
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee —the public safety.
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee There is not directly, but the problem I see with this bill is that when there is a hearing—and I believe that consent applications would still fall within the section of the code—
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee I think they make the decision all the time on consent applications.
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee Yes, with respect, that's correct, but from my experience as a crown counsel, what happens is that you review the file, and if you believe that an accused is a candidate for release, you will consider whether there can be conditions put into place that will address the public saf
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee If the application actually goes to a hearing, it goes before a judge, at least in Newfoundland, and so the judge will make the decision as to whether the offender is detained or released.
April 6th, 2017Committee meeting
Rachel Huntsman
Justice committee Distinguished members of this committee, my name is Rachel Huntsman, and I am legal counsel with the Royal Newfoundland Constabulary. I am here today with Detective Superintendent Dave Truax, who is with the Ontario Provincial Police, and Lara Malashenko, legal counsel to the Ott
April 6th, 2017Committee meeting
Rachel Huntsman