> From: alchemy@interlog.com (Morton M. Goldmacher)
> Newsgroups: can.legal
> Subject: Re: more detail on Bill C-55 (monitoring without being charged)
> Date: Sat, 23 Nov 1996 04:00:38 GMT
> Message-ID: <575ifr$ha@news.interlog.com>

- - - - -
 
sjenuth@cwlib.cuug.ab.ca (Stephen Jenuth) wrote:
> 
>It seems to be a fairly moderate extention of the peace bond
>provisions in the Criminal Code. These provisions are in addition
>to the common law jurisdiction of justices to bind persons over
>to keep the peace.
 
>It seems that these provisions are much preferable to the current
>practice of getting restraining orders which are often obtained
>ex parte and without a hearing. In this procedure the accused
>has notice, the right to present evidence and to attempt to
>contradict the allegations made by the attorney general.
 
>The idea seems to be the prevention of crime, rather than the
>punishment of crime after it occurs. Looked at it this way,
>the idea seems laudable. 
 
 
Bill C-55 is not a moderate extension of the peace bond provisions of
the criminal code, it is a deeply invasive sanction that has no basis
in common law.  It smacks of presumption of guilt and imposes severe
restrictions on the respondents liberty where there has been no crime
or criminal proceeding.
 
The principle that one ought to be at liberty until found guilty of an
offence is so well entrenched in our jurisprudence that it constitutes
an element of fundamental justice.  Unlike peace bonds and restraining
orders which prevent the individual bound by it from enjoying
specified legal activities and engaging in further unlawful
activities, the measures set out in Bill C-55 subjects the individual
to direct supervision by the state.  The measures are more closely
related to parole conditions than to anything else.
 
It is obvious to anyone who has a working familiarity with Charter
jurisprudence that Bill C-55 will die an instant death once it is
enacted and implemented.  The only explanation for the government's
tableing of the bill is that they are hoping  to steal fire from
Preston Manning and his law and order zealots.
 
Looked at this way, the idea seems laughable.
 
  
Morton M. Goldmacher
Barrister and Solicitor