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JUST Committee Report

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As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Department of Justice launch a public awareness campaign to communicate in plain language the conclusions of the Supreme Court of Canada decision in R. v. Brown, the new version of section 33.1 of the Criminal Code and its practical effects.

Recommendation 2

That the Government of Canada ensure that a public communication plan is in place and implemented to accompany the decisions of the Supreme Court of Canada when they have significant consequences for the public, including victims of crime.

Recommendation 3

That the Department of Justice compile data on the use of the defence provided in section 33.1 of the Criminal Code.

Recommendation 4

That Parliament carry out a formal review of the legislation amending section 33.1 of the Criminal Code three years after it came into force to ensure that the application and interpretation of this new provision adequately fulfills Parliament’s objectives, and to evaluate its impact on victims of crime. During this review, Parliament should consider the option of amending the legal standard of criminal negligence in new section 33.1 of the Criminal Code to require only foreseeability of a loss of control of an individual’s actions, instead of “foreseeability of the risk that the consumption of the intoxicating substances could cause extreme intoxication and lead the person to harm another person”.