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Decentralized Democracy

House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
  • Jun/9/22 2:18:08 p.m.
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Mr. Speaker, I am so pleased to rise today to welcome back, after two long years of waiting, the in-person Italian Week Ottawa celebrations in my community of Ottawa Centre. Italian Week is focused on creating exciting experiences that share Italian culture with all of us. The events scheduled this year include a film screening, master classes, children's bedtime stories and much more. The grand finale will take place from June 17 to 19 along beautiful Preston Street in Little Italy in my community. I encourage everyone to join us next weekend to see live entertainment, a soccer tournament, kids' rides, opera performances, street animations and the Ottawa bike race as we close out the week. I would also like to take this opportunity to thank the Department of Canadian Heritage for the ongoing support it has provided to Italian Week Ottawa, and to applaud the festival organizers and board directors, Lydia Di Francesco and Gina Maddalena, along with all the volunteers for their tireless efforts in planning this fantastic celebration. Happy Settimana Italiana di Ottawa.
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  • Jun/9/22 4:28:10 p.m.
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  • Re: Bill C-5 
Madam Speaker, I listened very intently to the member opposite's comments on Bill C-5. I had the opportunity to sit on the justice committee where the bill was deliberated. We heard from witness after witness talking about the negative impact of mandatory minimum sentences, especially on those who are of indigenous or racialized backgrounds. I want to talk to the point around discretion. In the member's opinion, is it not better and more appropriate for judges who are presiding over cases, who have the benefit of listening to detailed evidence and cross-examinations, to be able to determine, if someone is found guilty, what the appropriate sentence should be, as opposed to legislators preordaining a mandatory minimum sentence when we do not know what the circumstances may be?
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Mr. Speaker, given the member was involved in the initial study that was done by the Standing Committee on Justice and Human Rights, perhaps he could outline some of the other recommendations that were part of the report on juror support.
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Mr. Speaker, I rise to speak to Bill S-206, an act to amend the Criminal Code relating to disclosure of information by jurors. We heard quite eloquently from the member for St. Albert—Edmonton of the need for and importance of the bill. I want to thank him again for his leadership, determination and co-operation with all members in this House and the Senate in getting the bill to this point. I will start by acknowledging the two people whom the member spoke about as being instrumental. I think they would argue that they are just the voices that raised these issues and that there are many people who have served as jurors across this country who are the motivation behind the work they are doing. Those two people are Mark Farrant and Tina Daenzer. I am happy to acknowledge that both of them are with us in the House. I want to thank them personally for joining us here today and for their advocacy over the years. They both are part of the Canadian Juries Commission, an organization that is very much focused on creating and promoting awareness around jury duty, support for jurors and, of course, educating all of us not only at the federal level in this House and in the Senate, but also in the provincial and territorial legislative assemblies across the country. As the member for St. Albert—Edmonton mentioned, I have had the opportunity to work on this important issue from the perspective of the provinces in terms of ensuring there are mental health supports for jurors. It is an interesting story as to how I came to work on this, and it is because I met Mark Farrant. The first time I saw Mr. Farrant, it was not in person. As many of us do after a full day at the legislative assembly, I was watching the national news when I saw a story about a juror who had suffered significant mental health challenges, described as post-traumatic stress disorder, or PTSD, as a result of being part of a fairly gruesome and horrific murder trial. That person was Mr. Farrant, who was brave enough to speak on television about his trials and tribulations. We have a special responsibility by virtue of the fact that we are elected and have some impact on the things that we see and hear in our society. I was quite taken aback by his story. At the time, I was not just a member of provincial Parliament, but I was also the attorney general of the province, and I was watching on TV this person describing his suffering. He was talking about how the justice system, as much as it had asked of him as a citizen of this country to participate in a critical element of our justice system, was not there to give him the support that he needed to continue on with his life. I personally felt guilty, because I was not even aware at the time that this issue existed. As a result of that, we started to work on the issue. I had the opportunity to meet with Mr. Farrant who, of course, in his very calm, persuasive manner, was able to educate me and officials of the ministry of the attorney general as to the impact on jurors when they go through trials that are gruesome and horrific, and when they are given evidence of that nature. By working together, we were able to introduce in a very short period of time a support program for jurors, albeit limited in scope. I am confident there is more work to be done, as was stated earlier. However, it is a program that jurors can access for mental health support and, importantly, have that information provided ahead of time. I remember reviewing some of the draft documents that were being created to hand over to jurors and, of course, working with the judiciary and other court officials, and providing them training so that they would be able to speak with jurors in advance of trials in order to make them aware. It is interesting for me to come a bit full circle now that I am elected as a member of Parliament. As the federal jurisdiction, we are responsible for the Criminal Code. There actually is a barrier in our Criminal Code that prevents, by law, our jurors from seeking medical help if they need it by virtue of the fact that section 649 of the Criminal Code requires non-disclosure of information that jurors have received. We encourage people, if they need mental health supports, to go see a mental health care professional. That requires one to share information and to be able to speak of things that one is feeling and facing. This particular rule that exists in our Criminal Code prevents this. We are putting a juror in a position of actually breaking the law, because they are to keep secret the information they have seen, even though they are in front of a health care professional. The solution that is presented before us is part of Bill S-206. It is something that I fully support and will be voting in favour of. It creates an exception to the jury secrecy rule to allow jurors, in a very limited, narrow scope, to seek health support so that they can look after their own personal health, especially their mental health. In my view, there is no reason why all members of the House would not support the bill to pass it into law as soon as possible. As we heard from the member for St. Albert—Edmonton, other members from all parties have worked on this issue. I want to also acknowledge the engagement and participation of the member for Cowichan—Malahat—Langford. Of course, there is the work that has been done in the Senate by Senator Pierre-Hugues Boisvenu. All of this has resulted in our being on the cusp of passing this bill into law, so that we can get into the elements of supports that are needed by our jurors. I would encourage all members to support this bill, so that it can be passed into law. In my limited time, I also want to mention the great resource we have in the Canadian Juries Commission. It has been doing some incredible work in creating awareness around the kind of supports that jurors need. I think we need to spend more time with it. I understand that, in fact, some work has been done. The Department of Justice, under the leadership of the Minister of Justice and Attorney General of Canada, has partnered with the Canadian Juries Commission to do some pilot projects in British Columbia. These are very good steps, because the results from those pilots can be applicable across the country, but also recognize and appreciate our jurors. Most recently, many members will remember, through the initiative of the Canadian Juries Commission, we had a week-long appreciation of jurors, to understand the work they do and their contributions to our justice system, which is the essence of our democratic system. That is the work we have to do. I very much look forward to working with all members on this important issue, but particularly with the Canadian Juries Commission. Hopefully, we will start by passing this bill into law.
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