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Justice committee  That's a broad question—

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  I have a number of thoughts on administration of justice charges. We commend Parliament's efforts to try to come up with a solution to what really can only be called a bail “crisis” in Canada. However, it's our position that there is a broadening of police discretion here that

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  It makes it very difficult. In my experience, it's actually the Crowns and the judges who are vying for people to come and assist, and I speak directly from my experience as duty counsel. I was often paged into a courtroom where a trial was going on to see if I could assist. Of c

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  In my experience, whether they are in custody or out of custody, people plead guilty to deal with the stress of attending court, whether it's because of a denial of bail, of having to attend the remand court over and over again, or of having to miss work to come and attend, which

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  Family law implications.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  We are asking for this as the alternative, if clause 787(1) is going to be passed and the maximum penalty will be raised.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  We would ask that the same exception for law students that currently exists in section 802.1 be carved out for penalties of two years less a day.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  ACCLE's position is that we need to have a national conversation about that. Legal clinics, law students and the reviewing lawyers need to be involved. Perhaps the courts need to be involved. Historically, conversations about what law students are able to do involve many parties.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  Yes, and we're particularly concerned, as many people have said, about the immigration consequences of any change to the maximum penalty beyond six months, and about the other issues I've already spoken to.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  We don't have the numbers. We don't have data in terms of how many people are currently represented by students, paralegals or articling students, but in our brief, we do note that self-represented litigants are not a small group. In the 2015-16 Canadian statistics on adult crimi

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  I think that's a distinct possibility and all the more reason to engage in further consultation before taking such a drastic step.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  First, I want to thank you for the question, and I want to clarify our position. I only mentioned some of our recommendations today, but in our brief, as you may see, we're asking for further consultation with legal clinics and the clients who access legal clinics before any amen

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  Despite subsections 800(2) and 802(2), a defendant may not appear or cross-examine or examine witnesses by agent if he or she is liable, upon summary conviction, to imprisonment of a term of no more than two years less a day.

September 18th, 2018Committee meeting

Prof. Jillian Rogin

September 18th, 2018Committee meeting

Prof. Jillian Rogin

Justice committee  Yes, there are issues with that. The issues with that are vast, which is why we want consultation. My colleague mentioned summary conviction offenses and the two years less a day maximum penalty. He referenced them as minor criminal offences. Respectfully, with two years less a

September 18th, 2018Committee meeting

Prof. Jillian Rogin