SoVote

Decentralized Democracy

Pierre J. Dalphond

44th Parl. 1st Sess.
October 5, 2023
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Thank you, minister, for taking the time to speak with us today. It is appreciated.

We understand that you are supportive of this initiative, but we heard many witnesses in previous panels who referred to the lack of data. Officials from the federal government also referred to the lack of data because the provinces are in charge of the administration of justice. They are the ones able to gather that data. We are also told that in the course of discussions between justice departments, Ottawa and the attorneys general of the provinces, there was an agreement that more data would be provided. Could you indicate to us if that is the case and more data will be provided? What type of data will be made available in order for us to do a thorough review in three or five years when we decide to do a review? Thank you.

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If there is some kind of specific document that outlines what you trying to do, we would appreciate receiving a copy for the committee. Thank you.

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Thank you, minister, for all the insight and extra information you have provided.

In your capacity as Attorney General, I think you can issue general guidelines to Crown prosecutors. Would you consider issuing a guideline that will remind prosecutors to consider specific factors, such as over-representation of some groups, when they consider their assessment of files and to ensure that they also present to the judge their representations about these factors?

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Thank you very much, because some witnesses have represented that judges are not considering these factors. If they are told about them, they will most likely consider the factors. Thank you.

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My question is about recommendation number one. You propose removing the reverse onus in the case of a discharge for intimate partner violence, so that would mean that the aggressor was found guilty but would be given a conditional discharge for all kinds of reasons, including working in the U.S. I saw that in some cases. He will benefit, because the aggressor is a man in 80% of the case. The reverse onus will no longer exist for that type of person.

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It is for whoever wants to answer it.

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You did not provide numbers, but if you can provide numbers, it would be more or less men who were charged and found guilty of domestic violence.

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Would I be right saying that it is 80% men who are found guilty of aggression and domestic violence?

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Professor Yule, you wrote an interesting piece on January 18 about the bail system. You proposed five ways to reform it, as you just described. I am quite interested by some data you referred in this piece.

Recent Statistics Canada data also shows that nearly 80 per cent of people in provincial custody in Ontario were legally innocent, further demonstrating that bail is not a lenient process.

Would you mind elaborating on the numbers and how you achieved that number of 80% of people, as I understand it, who were kept in custody but will finally not be found guilty?

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Is there data about how many of them will be found guilty?

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Is it possible for you to provide this data to the committee?

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Mr. Field, is that the same kind of experience you have through the duty counsels or legal aid?

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When you say 40%, is that because it first was initiated by the police directly and then the bail order was made with the Crown not being in charge of the file, and then they release the person when they take over the file so the charges are dropped?

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Do you have any specific data about how much time it takes until the charges are dropped?

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