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Decentralized Democracy

Tako Van Popta

44th Parl. 1st Sess.
October 19, 2023
Context: Bill S-12, An Act to amend the Criminal Code (JUST) - Oct/19/23
Mr. Tako Van Popta (Langley—Aldergrove, CPC)
  • 03:52:52 p.m.
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I will. The Chair: Mr. Van Popta, thank you so much. Shall CPC-3 carry?
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Context: Bill S-12, An Act to amend the Criminal Code (JUST) - Oct/19/23
Mr. Tako Van Popta
  • 05:28:24 p.m.
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I move CPC-7.
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Context: Bill S-12, An Act to amend the Criminal Code (JUST) - Oct/19/23
Mr. Tako Van Popta
  • 05:30:02 p.m.
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I'll speak to it. It will just take me a minute. I was inspired to put forward this amendment by the testimony we heard from Dr. Roebuck, federal ombudsman for victims of crime, and Professor Benedet, who said that the bill would be improved drastically in that in addition to the factors that a judge should consider, there should also be a list of the factors that a judge should not consider. We were referred to a paper written by Professor Benedet on exactly that topic. I read the paper. She studied 155 cases in which a judge gave an exemption from an order. She analyzed them and found that there was, in her opinion, flawed reasoning. I'm just going to read one section: Taken as a whole, these decisions provide some interesting insight into how judges understand the seriousness of various kinds of sexual assaults and the purpose of the registry. More specifically, they show the way in which rape myths can creep back into judicial decision-making even after conviction and sentencing. She concluded with: ...Parliament could respond by setting out a list of irrelevant factors akin to those found in the Criminal Code provisions on the production of third party records in sexual offence prosecutions. Dr. Roebuck and Professor Benedet both spoke to that at Tuesday's meeting, and CPC-7 captures that. Thank you.
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