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Decentralized Democracy

Hon. Arif Virani

  • Member of Parliament
  • Minister of Justice Attorney General of Canada
  • Liberal
  • Parkdale—High Park
  • Ontario
  • Voting Attendance: 61%
  • Expenses Last Quarter: $120,537.19

  • Government Page
  • May/23/24 10:41:13 p.m.
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Mr. Speaker, I appreciate that as a former Speaker, the member used to consult Speakers' decisions, but I also would appreciate that he knows about Supreme Court jurisprudence. What Bill C-75 did was codify a Supreme Court decision called “Antic”. The law was already in place. We took that law from the court cases and put it into the Criminal Code. That is what codification involves.
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  • May/23/24 9:37:43 p.m.
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Mr. Speaker, I appreciate the member's contributions at the justice committee and to today's debate, but let me just outline a few things. The first is that I am not responsible, or the decision-maker, for individual bail decisions. Those are made by independent and impartial adjudicators around the country. Second, the decisions are meant to be guided by principles under the Criminal Code of Canada and by Supreme Court jurisprudence. The member is referencing Bill C-75, and what it entrenched is the constitutional principle that already came from case law, such as the Antic decision of the Supreme Court of Canada. All we were doing was codifying a jurisprudential decision that had already been made. However, in terms of decisions that are being made about repeat offenders, that goes to the hallmark of the likelihood of reoffending. That is a consideration for bail under the Criminal Code of Canada. It needs to be applied in all instances.
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