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Justice committee No, there is not.
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee Certainly not. To put it bluntly, that's really not the case. You have to come with a comprehensive plan. Again, these things are always on a spectrum. If you have someone who has a series of recent serious violent charges, that's more than an uphill battle to release. That's alm
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee That's an excellent question. Previous speakers, Dr. Nicole Myers and others from various organizations, have talked about the statistics and the impacts of pretrial detention. For individuals with those types of concerns, pretrial detention centres are harrowing places. They ar
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee I think I want to come back to one way in which I have described the bail hearing—it's not my own description, but it's a common description—that it is an imperfect risk assessment. I tried to find the actual transcripts, but I couldn't find them before this. As I understand it,
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee Just for reference, there was a previous policy whereby the Crown prosecutor would consider, if someone were unlikely to face a jail sentence, whether they should seek detention. I would say that this should give us some concern. The fact that someone could be detained on extreme
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee I think it's such an individual exercise to see who will follow their conditions, and how and why. One of the challenges that I think will face this committee is that a lot of this is in the provincial jurisdiction, but what we need is co-operation between governments, because th
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee My short answer to those is yes to both. I'll say that in B.C. we don't have quite the robust kinds of programs that we have in Ontario, with the John Howard Society. Just to speak anecdotally for a second, I've had the privilege of liaising with the John Howard Society for a cl
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee It's hard to say what's missing. It's a difficult question to answer. I would repeat some of the points you raised, such as knowing how long a person on average will spend in pretrial custody. I think, importantly, we talked about the culture of adjournment. That and the questio
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee Is that about whether this would help reduce the rates of overincarceration?
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee Thank you very much for the question. To make sure my answer is clear and coherent, I will answer in English. I'm glad you asked this question. I heard you ask this question of another witness earlier, and I thought it was a very important one. You address the issue of bail
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee The impact is that it recognizes the different circumstances that can lead to that offence. It's not at all saying that broadly this offence is less serious. It's explaining that, depending upon the circumstances leading to this commission, including the actual facts that led to
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee No. I don't think I'd be very successful if I were to do that. I'll say that.
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee No, I would not. I don't think so.
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee Certainly, and what we do for those extremely serious types of crimes has to be a focus of this committee. I think that the difficult balance is going to be in striking the right approach of targeting those crimes, which are clearly dangerous to society, while not having what I
March 27th, 2023Committee meeting
Garen Arnet-Zargarian
Justice committee That's right. Just to briefly conclude on this point, one of the proposed reverse onuses is for section 95(1) offences. The courts have clearly said, at that spectrum of the offence, that a tool of a criminal's trade is a serious and dangerous offence, but not every offender wi
March 27th, 2023Committee meeting
Garen Arnet-Zargarian