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April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Yes, they have implemented most of the things, if not all the things. Certainly they have implemented most of the things we recommended. I am pleased to say that the legal aid system has also, to some extent, implemented. The Law Society has implemented recommendations, but concerning the attorney general specifically, yes, they have.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  I think you've touched on them. I hadn't thought before about something like the request to admit, but it does make sense, and it is something that should be explored and some work should be done on it. Maybe there has been, but, yes, we need to update our process. We need to change a number of things to update it.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Thank you very much.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Yes, if it went in under the business records section of the Evidence Act.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  We made a couple of recommendations about judges, and one of them refers somewhat to the earlier question by Mr. Murphy, that the administrative judge should assign very experienced judges to do the pre-hearing conferences. That's one of the things we say about judges. When it comes to section 645 of the Criminal Code, the section requires that the judge who is going to be conducting the trial must be the one who hears and determines all of the motions, which we refer to today as pre-trial motions.

April 15th, 2010Committee meeting

Patrick LeSage

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Yes, it's a very simple amendment—

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  â€”to section 645.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Exactly. C'est correct.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  I believe it is. As I say, I still have some slight reservations, because I'm old and set in my ways, but I think that really is the evolution. Let me just say this one thing about that. I probably sat 25% of my time doing family law when I was a judge, and if there were any area of adjudication that I found most wearing, it was family law.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Well, you've touched an old, old, softer, delicate part in my psyche. First of all, let me tell you, I believe very strongly in the jury system, and it's because I believe in the wisdom those twelve people bring to their task. However, when you're looking at what almost become the mechanics of some of the complex trials today, maybe my old views about generalist judges and the non-specialization of judges don't hold as much weight as they used to.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Could the interpreter keep her voice up, please?

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  It's just the hearing. It's fine now.

April 15th, 2010Committee meeting

Patrick LeSage

Justice committee  Yes. That's the owner of property, yes.

April 15th, 2010Committee meeting

Patrick LeSage