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Justice committee  I'll just clarify. When you say reoffend, do you meant when a person is again subject to a warning or referral?

May 20th, 2022Committee meeting

Andrew Di Manno

Justice committee  To the extent that the person was warned and later on needed to be warned again or referred again, proposed paragraph 10.4(2)(a) would limit the record of that warning to the initial proceedings where the person was warned. There are other paragraphs that would permit the use of

May 20th, 2022Committee meeting

Andrew Di Manno

Justice committee  We've read it.

May 20th, 2022Committee meeting

Andrew Di Manno

Justice committee  As I understand the amendment, it only relates to records that are kept in relation to warnings and not offences. Where the police officer issues a warning or makes a referral to a treatment program, the uses that would be permitted would be limited to proceedings with respect to

May 20th, 2022Committee meeting

Andrew Di Manno

Justice committee  As I understand the amendment, it would provide an escape clause for the four-year mandatory minimum penalty, but not with respect to the five- and seven-year mandatory minimum penalty that exists where a prohibited and restricted firearm is used in a first offence or where it's

May 20th, 2022Committee meeting

Andrew Di Manno

Justice committee  It was unconstitutional.

May 17th, 2022Committee meeting

Andrew Di Manno

Justice committee  It's section 96.

May 17th, 2022Committee meeting

Andrew Di Manno

Justice committee  The MMPs that would be removed through this amendment have been previously held to be unconstitutional, including in a case R. v. Robertson, 2020 BCCA 65. That's the reference.

May 17th, 2022Committee meeting

Andrew Di Manno

Justice committee  Subsection 84(5) of the Criminal Code directs that a conviction for certain offences in an earlier offence for the purpose of triggering increased mandatory minimum penalties applicable to second and subsequent offences.... This is for the offences of section 85, using a firearm,

May 17th, 2022Committee meeting

Andrew Di Manno