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Justice committee  Thank you. That is a term that is defined for the purpose of the Canadian Victims Bill of Rights. The Canadian Victims Bill of Rights does deal with harm to victims, and specifically includes physical or emotional harm, property damage and economic loss. In terms of emotional h

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  The concept of a prosecutor showing cause is a concept that is repeated throughout the bail provisions. It's not just in this one subsection. It's highlighted in the bill a bit, because this is a new provision that has been moved in the bill. However, if you look in the Crimina

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  I noticed that proportionality was in NDP-3, but I'm not sure I see it in NDP-4. I just want to make sure I answer the right question.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  First, the reasonable and necessary aspects are in the chapeau of the proposed subsection 501(3). Those requirements apply to each of the paragraphs (a) through (k). In terms of proportionality, that is already required and it is something that police consider. That is part of t

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  Thank you. Subsection 498(1.1) of the Criminal Code, which would be amended by NDP-2, is in fact not amended currently by Bill C-75. What is contained in subsection 498(1.1) are the grounds for which police can detain the accused. Bill C-75 actually does not amend the grounds o

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  Correct.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  As you mentioned, it is already incorporated into the principle in the bill. In particular, there is a bit of a characterization put on what is meant by “vulnerable population” in terms of its seeking to address vulnerable populations that are overrepresented in the criminal just

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  Sorry, I meant they wouldn't be covered by the suggested definition in NDP-1.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  Sorry, I'm just considering that. This is CPC-114.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  The principle is described as “primary” precisely because it is to be at the forefront of every decision that is made in the context of bail by police and the courts, in this part of the Criminal Code dealing with release of accused by police and courts. The policy behind it is t

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  It's two years, per section 353 on selling an automobile master key.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  If it's two years, it would be in a federal facility. If it's two years less a day, it would be in a provincial facility.

October 29th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  The implications, as Mr. Boissonnault has stated, are essentially that right now in the Criminal Code, section 145 contains the offences for not following requirements to attend court, requirements to attend pursuant to the identification of the criminal's act to be identified an

October 24th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  If it's not defined in the code, who would define it? They would be looking at the circumstances. They'd have familiarity, whether it's a police officer deciding whether or not to release an accused on bail, or a judge deciding whether or not to release the accused. There could b

October 24th, 2018Committee meeting

Shannon Davis-Ermuth

Justice committee  Yes, that's correct. The department's interpretation is that understandings of who is vulnerable for different purposes changes over time. The risk of defining it by specifically listing some groups of vulnerable populations in the code is that it would need to be amended as ofte

October 24th, 2018Committee meeting

Shannon Davis-Ermuth