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Justice committee  Yes. Of the four cases I referenced, three speak specifically to the MMP that would be repealed in Bill C-5. Two of those decisions, as I said earlier, predate both Nur and Lloyd from the Supreme Court. One follows Nur in 2015.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  That's correct.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  For the four-year MMP, it essentially involves long guns that don't involve organized crime. The five-year and seven-year MMPs relate specifically to prohibited or restricted firearms or if the offence was committed “for the benefit of, at the direction of, or in association with

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  I don't think I can give you that today. The best we would be able to provide would be information on charge data under paragraph 244.2(1)(b), but we wouldn't be able to give you a percentage breakdown in terms of handguns or restricted firearms today.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  No. I think the extent that the scenario is captured in the offences is in section 244.2, which involves the intentional discharge while being reckless. I think that's clause 11 of the bill.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  We are aware of a number of decisions. I'll quickly go through them. A New Brunswick Court of Appeal decision from 1998 upheld the four-year MMP—

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  I have “M.D.R.” as the initials.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  It is 1998 N.B.J. No. 160.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  We have a 2011 decision from Newfoundland, with the provincial court upholding the four-years. There is a 2017 decision from the Ontario Superior Court, Reis. We're also aware of a 2018 decision from B.C., upholding the five-year MMP as well in that provision.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  We're not aware of any cases specific to the one-year MMP in which it has been found to be unconstitutional. We are aware of a lower court decision in Quebec finding the three-year MMP unconstitutional, but not one year.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  Thank you for the question. Very briefly, the three- and five-year MMPs for section 100, possession for the purposes of weapons trafficking, apply to firearms, prohibited devices and prohibited ammunition, and the one-year MMP applies to prohibited and restricted weapons. My und

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  I'll have to get you the names of the lower court cases. I don't have those immediately with me. The Robertson case from the B.C. Court of Appeal was in 2020.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  I don't have them with me.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  It would be section 12.

May 17th, 2022Committee meeting

Matthew Taylor

Justice committee  That's the information we have available with us now. There may be others, but we don't have that information.

May 17th, 2022Committee meeting

Matthew Taylor