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Add a filter on Committee Evidence - JUST-78
Committee Evidence - JUST-78
2013-06-12
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 15:51
...More
Ladies and gentlemen, welcome to meeting number 78 of the Standing Committee on Justice and Human Rights on Wednesday, June 12. I apologize to our witnesses for the delay, but we were voting in the House.
Our meeting today is televised. Pursuant to the order of reference of Tuesday, May 28, 2013, Bill C-54, an act to amend the Criminal Code and the National Defence Act, we have two panels, and then we're going to do clause-by-clause.
Our first panel is here. We have three groups of witnesses, each with 10 minutes. Our first witness is Mr. Thomas Frederick Shreeve, who is appearing as an individual.
You have 10 minutes, sir.
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Thomas Frederick Shreeve - 15:52
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:04
...More
Thank you for that presentation and for your testimony, Mr. Shreeve. Thank you for coming and joining us today. There will be questions after.
Our next presenter is from the Office of the Federal Ombudsman for Victims of Crime, Ms. O'Sullivan. You have 10 minutes.
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Susan O'Sullivan - 16:04
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:14
...More
Thank you, Ms. O'Sullivan.
Our next and final presenters for this panel are from the review boards of Canada: Mr. Schneider and Mr. Walter.
You have 10 minutes, gentlemen.
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Bernd Walter - 16:14
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:21
...More
You have four minutes, sir.
...Less
Richard D. Schneider - 16:21
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:26
...More
Thank you for those presentations.
We will now go to our rounds of questions.
Our first questioner from the New Democratic Party is Mr. Mai.
...Less
Hoang Mai - 16:26
Bernd Walter - 16:30
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:30
...More
Okay, thank you very much.
Our next questioner is Mr. Goguen from the Conservative Party.
...Less
CPC (NB)
Robert Goguen (Moncton—Riverview—Dieppe)
2013-06-12 16:30
...More
Thank you, Mr. Chair.
I guess that every one of the witnesses recognizes that this legislation is founded on two basic premises. The first one is making the security of the public the paramount consideration in releasing the not criminally responsible. I think everyone agrees on that. Of course, the second one is the involvement of the victims and their being informed.
In New Brunswick, for instance, at least when I left in 2011, the mental health commission was not chaired by a judge, so in essence, one of the things this legislation tries to accomplish is to ensure uniformity. I notice that both Judge Schneider and Mr. Walter said they agreed on the codification of security of the public being the paramount principle, the foundation of this thing. That's why it's there.
In New Brunswick I don't believe we have a judge sitting on the mental health commission. Do you believe this codification would be useful if only to serve the purpose of uniformity, making sure it's an overriding principle that is considered in all cases?
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Richard D. Schneider - 16:31
CPC (NB)
Robert Goguen (Moncton—Riverview—Dieppe)
2013-06-12 16:32
...More
You mean Conway.
...Less
Richard D. Schneider - 16:32
CPC (NB)
Robert Goguen (Moncton—Riverview—Dieppe)
2013-06-12 16:33
...More
That's my point. They're not all presided over by judges of a superior court of what have you. If anything, my thought is that—and perhaps this is stating the obvious—not everyone is as well versed as a judge is in the actual state of the law.
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Review panels
Richard D. Schneider - 16:33
Bernd Walter - 16:34
CPC (NB)
Robert Goguen (Moncton—Riverview—Dieppe)
2013-06-12 16:34
...More
Not to split hairs, but Mr. Justice Schneider is deemed to know the law, and the commoner, or perhaps the one who is maybe a lawyer, who's not a judge, is not deemed to know what the law is. On appeal sometimes that can be helpful, but that's really splitting hairs.
Thank you.
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:34
...More
Thank you for those questions and those answers.
Our next questioner, from the Liberal Party, is Mr. Cotler.
...Less
Hon. Irwin Cotler - 16:34
Richard D. Schneider - 16:39
CPC (ON)
Mike Wallace (Burlington)
2013-06-12 16:39
...More
Thank you. Our final questioner for this panel, from the Conservative Party, is Mr. Albas.
...Less
CPC (BC)
Dan Albas (Okanagan—Coquihalla)
2013-06-12 16:39
...More
Thank you. I want to thank all of our guests here today for their testimony. Specifically I'd like to talk about the high-risk accused category, as well as some of the therapy that the review boards....
Justice Schneider, I'm going to start with you.
First of all, the application that is made for someone to be designated high risk is made from the crown asking for that application. Obviously they would do this in what they would believe would be the public's interest. Is that correct?
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Richard D. Schneider - 16:40
CPC (BC)
Dan Albas (Okanagan—Coquihalla)
2013-06-12 16:40
...More
Second to that, a justice like yourself would then take in all the testimony of evidence from the crown, from the defendant, from experts. Then, just as the case is right now with not criminally responsible, they would make that choice based on the application. Is that not true?
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Richard D. Schneider - 16:40
CPC (BC)
Dan Albas (Okanagan—Coquihalla)
2013-06-12 16:40
...More
Whether we’re talking about NCR as a designation, or what I would say is a new tool that the crown can put forward in the public interest, which I would also say would empower the court for the high-risk accused…. That would be an additional empowerment of the court, would it not?
...Less
C-54, An Act to amend the Criminal Code ...
Criminal liability
Government bills
Mental health
Richard D. Schneider - 16:40
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