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Industry committee  Presently the Canadian law does not criminalize theft of trade secrets. It's done by common law or by provinces.

February 24th, 2020Committee meeting

Robert Brookfield

Industry committee  The bill generally does not indicate where there is policy flexibility. It does the reverse. It will indicate where there is policy limitation. There is nothing in the bill that specifically says where the policy flexibility is in that area.

February 24th, 2020Committee meeting

Robert Brookfield

Industry committee  That analysis doesn't exist in report form.

February 24th, 2020Committee meeting

Robert Brookfield

Industry committee  Again, the chapter provides certain policy limits in flexibility—

February 24th, 2020Committee meeting

Robert Brookfield

Industry committee  There were various considerations in putting together the negotiating position, but there are no documents related to that analysis.

February 24th, 2020Committee meeting

Robert Brookfield

Foreign Affairs committee  Yes, it's entirely true that the regulations are more flexible because they are established at the executive level. They are, nevertheless, just as binding as a statute. I appreciate, then, that we are talking about a matter of principle as well as flexibility. I would point out

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  Yes, brokering or courtage in French. The treaty deals with a smaller group, which is what we would expect here, in the regulations and in the statute. Yes, they could be more flexible, and, yes, they could be changed. However, because of the legislation's name and the regulation

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  I'd like to highlight again that Bill C-47 amends the summary conviction maximum to be $250,000. The act will continue to allow for an unlimited amount of funds for indictable convictions. It will be up to the prosecutor and the judge to decide whether they bring it as a summary

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  I'm not an expert in criminal law convictions—we deal with the Export and Import Permits Act and other things—but I can say that it would be up to the prosecutor whether or not to bring an indictable offence. Presumably, if the offence was beyond the scope of the summary convicti

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  Summary conviction offences, as Ms. Gilmour pointed out, in other legislation have lower caps. The whole point of a summary conviction offence is that it's intended to be for a less significant offence overall. I'm not a prosecutor, nor am I an expert in criminal law. Where that

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  I'm not aware of that being done in any legislation. The difference between a summary offence and an indictable offence is something that's quite common in the Criminal Code and in other criminal sanctions. It's generally a question for prosecutors, judges, and defence attorneys

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  Yes, that's correct. The regulations and legislation obviously are both binding legally, but the legislation gives the authority to pass the regulations, so it gives the broad scope. This legislation, in implementing the Arms Trade Treaty, would give legislation the authority to

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  Yes, but as a drafter of treaties, I would also note that there are often many people who want to have their own exceptions or other provisions put into a treaty.

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  My response to them is to look at the substantive obligations. Do you need a carve-out or not. I won't speak to that particular discussion in 2011, but the preamble provides some colour and then the real question is whether you need something beyond the preamble, or whether you e

October 17th, 2017Committee meeting

Robert Brookfield

Foreign Affairs committee  It adds to the maximum for summary convictions. The indictable offences provision already exists to provide an unlimited amount of potential fines, so this is really giving tools for prosecutors to ask and for judges to order larger amounts in the case of the prosecution and conv

October 17th, 2017Committee meeting

Robert Brookfield