Justice committee  I think for the reasons that Mr. Mainella said, judicial notice is really not possible when you come to an element of an offence. You could have a statutory presumption that X organization is a criminal organization. The onus could be put on the accused to prove on a balance of p

Justice committee  No, I mean for the reasons that have already been expressed, I don't think you can have judicial notice of an essential element of an offence. With the reverse onus that I talked about, we would not know if it was justified under section 1 until that issue was finally litigated.

Justice committee  Just quickly, the judicial model would deal with the separation of powers, but I would worry that it would have a lot of resources. So why do we need to have these trials at periodical intervals, when the definition of criminal organization itself is so wide that I think it's ope

Justice committee  Where would the group go to discharge that burden of proof? Would the group go to the Federal Court on judicial review, or would the group be able to challenge it in a criminal trial? Hence my concern about fragmentation. If you take the terrorism model as your template, “terro

Justice committee  It seems to me the solution is to improve the mega-trial process throughout. It may be that in some cases it is going to take a week to prove that there is a criminal organization, but that's the price of having trials and proof beyond a reasonable doubt. My friends from the poli

Justice committee  I could, yes, briefly. On judicial review, as I tried to explain, one of the reasons groups will not come forward to challenge is that the very act of challenging may then itself be a criminal offence, so it seems to me that judicial review.... I mean, to my knowledge there has

Justice committee  As I was saying, the provisions in sections 83.05 to 83.07 of the Criminal Code, which provide for the listing of terrorist groups, were enacted in 2001 as part of the ATA to comply with UN Security Council resolution 1373. They construct an elaborate structure for the cabinet, o

Justice committee  Thank you, Mr. Chair. Thank you for inviting me to speak to the committee today. I would like to acknowledge the assistance of the David Asper Centre for Constitutional Rights, and in particular Kerry Liu, a law student at the University of Toronto faculty of law, who assisted w