Saturday, February 9, 2013

Actual changes in NCR law - thanks to Anita Szigeti for this


Here is the actual proposed language of the changes in Bill C54 -  check out the new section at the heart of Review Board law - see if you can spot what's wrong - the answer is below....as is the link to the whole Bill (C54.)

9. The portion of section 672.54 of the Act before paragraph (a) is replaced by the following:
9. Le passage de l'article 672.54 de la même loi précédant l'alinéa a) est remplacé par ce qui suit :
2005, ch. 22, art. 20
Dispositions that may be made
672.54 When a court or Review Board makes a disposition under subsection 672.45(2), section 672.47,subsection 672.64(3) or section672.83 or 672.84, it shall, taking into account thesafety of the public, which is the paramountconsideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that isnecessary and appropriate in the circumstances:




  Parliamentary Business section ; Bill C54 (Parliament of Canada website)


This change in "least onerous" to "appropriate" is not good. 
Here is how it is now

 672.54 Where a court or Review Board makes a disposition under subsection 672.45(2) or section 672.47 or 672.83, it shall, taking into consideration the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is the least onerous and least restrictive to the accused:

Here is how it will look soon

 672.54 When a court or Review Board makes a disposition under subsection 672.45(2), section 672.47, subs ection 672.64(3) or section 672.83 or 672.84, it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is necessary and appropriate in the circumstances:

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Anonymous said...

Doesn't case law already say that the safety of the public is paramount? Is this Harper yet again doing something for show rather than for effect?

Anonymous said...

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