Justice committee  That's why it would be viewed as an aggravating factor. A judge, undoubtedly, would view causing a disturbance and interrupting a baptism, a bar mitzvah, or another solemn religious service much differently than he would someone screaming on the corner of a busy street. That is,

Justice committee  Besides the fundamental shift from the state disclosing information to the defence providing this information, I think there might be some room to clarify in this bill what exactly is meant through that disclosure. What does it mean when we talk about “detailed particulars”? Does

Justice committee  We know that the Supreme Court declared some minimum sentences of no force and effect in a case called Nur. Those remain in the Criminal Code despite the fact that they're unconstitutional and don't apply, much like the provisions in the Travis Vader case that the judge relied up

Justice committee  Megan's quite right on this point. There's always discretion for the judges to abridge any of the notice requirements, and that happens quite routinely. Already questions about prior sexual history may only become relevant in the middle of the trial, and that's happened on a few

Justice committee  I know the committee is looking for helpful suggestions to make this bill better. Assuming that this is the final version that passes, there is one thing that can be done to alleviate some of those concerns. If this application is brought mid-trial, and if there are provisions to

Justice committee  Yes. It's interesting to look at the charter statement, because there's not very much detail there. It's very different from Mills, because of course in Mills it's the defence looking for information or bringing an application to get information. Mills is a protection from the

Justice committee  Thank you very much for the opportunity to appear before you and make submissions on this important bill. Bill C-51 seeks to amend the Criminal Code to remove or repeal provisions that have been ruled unconstitutional or that raise issues with the Canadian Charter of Rights and

Justice committee  That's great. It's going to be the first time. One of those positive aspects is the removal of reverse onus provisions. A fundamental principle of our justice system is that the crown and the state must prove all elements of the offence beyond a reasonable doubt. Reverse onus pr