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Justice committee Yes. The bill would still require the commission to take into account new matters of significance not previously considered by the courts. This would happen whether...there wasn't even a court of appeal decision. I don't think any of the commissions are going to second-guess the
November 7th, 2023Committee meeting
Prof. Kent Roach
Justice committee According to the bill and according to the existing language in the Criminal Code, there must be “new matters of significance”. In most cases, that will be evidence, but in some cases it may be a change in law. If sentencing was introduced and if there wasn't a proper Gladue repo
November 7th, 2023Committee meeting
Prof. Kent Roach
Justice committee If I could add just briefly to that, Mr. Garrison, only 23 of the 87 cases that are on the Canadian registry of wrongful convictions have gone through the minister. As Justice LaForme said, the eight victims of Charles Smith—largely indigenous, largely young women, largely racial
November 7th, 2023Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Is the question that the OPP played a greater role in Toronto than it did in Ottawa, Senator?
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee I think so, but I'm not confident in making that factual judgment. The OPP, certainly, I know, played a big role in Windsor. I'm actually not sure about whether it played a huge role in the two Toronto weekends. You may be right. I'm—
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Absolutely. We need a framework for public order policing. It's not only here; it's also at the G20 and other situations where we have three levels—sometimes, including indigenous forces, there are four levels—working together. I think we need to work on that and have these proto
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee I wonder whether this is something the Uniform Law Conference could look at. It sometimes deals with overlapping jurisdiction. It's a thought.
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Yes. It would be board-type, but with adequate staffing.
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Exactly.
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Yes, and the Security Offences Act, which involves federal pre-emption, has been around since the CSIS Act and I'm not aware of any challenge to it.
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee I was concerned to an extent. I'm more concerned about the weapons and the explosives found at Coutts, but certainly that is part of intelligence looking at the group. I also worry a little bit, though, that we have the police, who seem to have more freedom to look at open-sour
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Senator Boniface, I hope that you're going to look at section 20 of the Emergencies Act, because I don't know why that was there originally. It preserves the municipal and provincial silos when it comes to policing. I'm not really sure whether that is necessary. In fact, this eme
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee I agree that it's up to Parliament, but I would add that you are one of at least three accountability mechanisms that are ongoing, including the Rouleau commission and the ongoing challenge in the Federal Court. One of the things I saw after the G20—where more than 1,000 people
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Yes. I think that as far as you can go is to provide for a formal request to the affected province to appoint a parallel inquiry. Obviously that happened with the mass casualty commission. That has not happened in this case.
December 8th, 2022Committee meeting
Prof. Kent Roach
Declaration of Emergency committee Yes. On matters of national security, there is a potential for federal pre-emption and also under “Peace, Order and good Government” and the emergency part of our federalism Constitution. Just as the Security Offences Act can make both the RCMP and the Attorney General take the l
December 8th, 2022Committee meeting
Prof. Kent Roach