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Public Safety committee  I can give you that. It's a pretty obscure example, but it's from New Brunswick. It's called the Intimate Partner Violence Intervention Act. It's referred to as an emergency protection order. The issuing body is a member of the provincial civil service. It's an administrative decision-maker.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  That's difficult to answer. In terms of the words competent authority, I can indicate that those terms are used several times throughout the Criminal Code in reference to bodies that issue orders that are not specifically courts. Those are common terms. They're terms that have been used—

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Unfortunately, I don't think I can give charter advice, but just as a point of clarification, section 6 of the charter is not a freedom of movement guarantee. It provides a right to enter a province and take up residence in that province, so it's narrower than I think maybe you characterized it as.

May 11th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I'll do my best to answer that. I would direct the committee to clause 30, which proposes to amend subsection 63(3) of the act, which defines the geographic scope of an authorization to carry. Clause 30 proposes wording that would maintain the provincial limit on the scope of the ATC.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  It slightly rewords what exists in the act now, due to the division of responsibility between the commissioner and the CFO of jurisdiction, wherever that is. The language in the geographic scope section as it exists now wouldn't reflect ATCs issued by the commissioner. In order for this provision to catch both types of ATCs that can be issued, it's rewritten this way to maintain the same scope but ensure that it applies to ATCs under both paragraphs (a) and (b) of the act.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  It changes nothing whatsoever.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Again, it's consequential to the division of responsibility between the commissioner of firearms and the CFO of jurisdiction. The wording as it is now would not accommodate that division of responsibility. It's simply accommodating the motions carried by the committee that would divide that responsibility.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Subsection 63(3) currently says that Authorizations to carry are not valid outside the province in which they are issued. When the commissioner of firearms is issuing an ATC, it's obviously not issued in a province, given that the commissioner is a federal entity. That language would tend to exclude ATCs issued under paragraph 20(a)—those by the commissioner—hence the rewording to accommodate both types of ATCs.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I would appreciate a bit of clarification of the question.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I'll do my best to be quick. If I understand the question correctly, a conviction can be made out.... The test, so to speak, would depend on the particular charge. The elements of that offence have to be proved, depending on what offence the person is charged with. If I understand you correctly, you're asking about the evidentiary standard that applies in a criminal trial, which is proof beyond a reasonable doubt.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  I can't speak to why the amendment reads as it does. I can say there are decision-making bodies empowered to issue orders that are not courts. The code will reflect this in certain instances. There was an allusion to provincial legislation. There are various pieces of provincial legislation that will provide for some of the orders that would fit the description as in these enumerated paragraphs.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  Yes, that's right.

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  A substantive criminal matter commences when an information is laid before the court. That's the formal instance under section 504 of the Criminal Code, when a proceeding begins. That's your test for whether or not the transitional is triggered. If an information has already been laid before the court in order to commence proceedings, it wouldn't apply.

May 10th, 2023Committee meeting

Sandro Giammaria

May 10th, 2023Committee meeting

Sandro Giammaria

Public Safety committee  It's not with respect to release, but with respect to recognizance, right? Form 32s are the template document for a variety of recogs that can be issued. They're listed in the code. I should add that all of these forms are included in the Criminal Code. They're used across the board in every jurisdiction.

May 10th, 2023Committee meeting

Sandro Giammaria