CANADIAN BAR ASSOCIATION-NEW BRUNSWICK BRANCH

REPORT OF THE CRIMINAL JUSTICE SECTION CHAIR

December 2^nd, 2007 National Section Meeting Ottawa, Ontario

On December 2^nd, 2007 I attended the CBA Criminal Justice Section national meeting in Ottawa, Ontario. The national section is comprised of an executive committee that includes the officers of the section, up to 10 members at large and the provincial section chairs. While the purpose of the provincial section is generally to provide continuing legal education opportunities, the national section’s principle purpose is to advocate effective action on legal issues and legislation and to comment in a timely manner on proposed legislative and policy changes relating to criminal justice (any person wishing to obtain a copy of the national section’s By-Laws may do so by contacting me by e-mail).

BRANCH UPDATES

Several of the provincial branch sections provided updates on activities within their area. These consisted mainly of information on recent CLE programs.

LEGISLATION AND LAW REFORM

As indicated above, the principal role of the national section is to review upcoming legislation which involves criminal law. Where appropriate the CBA Criminal Justice Section will draft a response to proposed legislation and, in some instances, make a formal submission (either in writing or orally, or both) to a committee of parliament. These committees may, on the basis of the submissions of the CBA and other interest groups, propose changes to the bills in question. As the CBA represents both Prosecutors and Defence Counsel (and the national section reflects this at both the membership and executive level) a balanced approach is sought.

A number of legislative initiatives were reviewed in Ottawa. In some cases, submissions had already been made, and in others the meeting was directed to a consideration of the appropriate response. The following is a list of some of the proposed legislation considered (along with links to the bill in most cases), where a submission was drafted or anticipated:

Submissions recently completed

• Bill C-22 Criminal Code amendments (age of protection)

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=29784

• Bill C-32 Criminal Code amendments (Impaired Driving)

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2519296&Language=e&Mode=1

• C-25, Proceeds of Crime

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2502179&Language=e&Mode=1

• Proceeds of Crime (Money Laundering) and Terrorist Financing Act Regulations

http://canadagazette.gc.ca/partI/2007/20070630/html/regle5-e.html

• C-35, Reverse Onus in Bail Hearings http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3002092&Language=e&Mode=1

• C-2, Criminal Code amendments (submission to be posted)

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3078412&Language=e&Mode=1

• Investigation of the Bombing of Air India Flight 182

http://www.majorcomm.ca/en/

• Customer Name and Address Information Consultation

http://securitepublique.gc.ca/prg/ns/cna-en.asp

Submissions in progress or pending

• C-21, (Criminal Code and Firearms Act amendments)

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2333983&Language=e&Mode=1

• S-3, Criminal Code amendments (investigative hearing and recognizance with conditions) http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3082355&Language=e
• C-25, YCJA amendments

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3114354&Language=e&Mode=1

• C-26, Controlled Drugs and Substances Act amendments

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3118732&Language=e&Mode=1

• C-27, Criminal Code amendments (Identity Theft)

http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3125690&Language=e&Mode=1

Anyone who wants more information on these, or any other bills before Parliament, can paste this link into their internet browser:

http://www.parl.gc.ca/LEGISINFO/index.asp?Language=e

LEGISinfo provides electronic access to a wide range of information about individual bills, such as:

• the text of the bill at various stages;
• government press releases and backgrounders (for government bills);
• legislative summaries from the Parliamentary Information and Research Service;
• important speeches at second reading;
• votes; and
• coming into force data.

In addition to the above, the National Section members met with representatives of the federal Department of Justice concerning potential new legislation or amendments. This meeting was intended to provide the Section with advance notice of potential issues so that responses to Bills might be timely, and to allow the DOJ representatives to obtain feedback, at an early stage, about these issues.

The section also had a presentation on the International Criminal Bar.

If you would like anymore information on the National Section meeting, please feel free to contact me via email at Cameron.gunn@gnb.ca.

Cameron Gunn