44th Parl. 1st Sess.
June 16, 2022 10:00AM
- Jun/16/22 4:01:32 p.m.
- Watch
- Re: Bill C-9
Mr. Speaker, I have a few remarks on Bill C-9, an act to amend the Judges Act. I am not a lawyer or a full subject matter expert on this bill, but having read the bill kit, I have put together a few words. It seems there is some unanimity and some good work has been done by our government. Hopefully this bill can be sent to committee for study by the learned members that have the honour and privilege of sitting on the justice committee here in Parliament.
It is, as always, great to see everyone this afternoon. I hope everyone is doing well, and that their loved ones at home are doing likewise.
I am here today to discuss a matter of crucial importance to our judicial system. The Canadian judiciary has a solid reputation and has long been respected here at home and abroad, which is one reason it enjoys the confidence of Canadians and the admiration of societies the world over.
There is a reason for that. Our judicial system is strong. It has been reinforced and improved continually over time thanks to the decisions rendered and measures taken by the people who make the system tick. Our system gets better and better because of the skill and hard work Canadian judges bring to every case, along with their unimpeachable character and exemplary conduct.
This is why allegations of misconduct against a judge can have such a corrosive effect on the bright enamel of our justice system. While these allegations are rare, they are highly significant for the judges and the individuals concerned, and they have deeper importance for public trust in the integrity of justice. It is critical that the public have confidence in a system for investigating judicial misconduct allegations that is scrupulously fair, effective and, most important of all, guided by the public interest at its heart.
The minister and the parliamentary secretary have eloquently provided context for Bill C-9, as well as presented its key features. To complement this, I wish to focus on the theme of accountability. In the context of judicial conduct reform, this concept has three important dimensions: First, there is accountability as applied the public. Second, there is the accountability of judges. Third, there is financial accountability. I will briefly touch on each.
As I have already said, public confidence in the justice system is critical. The law and the administration of justice exist to serve the public. The bill before us today is intended to strengthen that trust through a more robust mechanism for dealing with complaints against members of the judiciary. This mechanism will also ensure greater transparency and greater public participation.
Furthermore, the reforms in question were developed following extensive consultations. This inclusive approach, involving members of the Canadian public as well as academic experts, legal professionals, the Canadian Judicial Council and the Canadian Superior Court Judges Association, underscores the government's commitment to strengthening public trust.
The consultations also revealed a strong public interest in a more transparent and accessible judicial disciplinary process, with increased participation from representatives of the general public who are not legal professionals.
Bill C-9 codifies a space for public representatives as part of the judicial conduct complaint review process. Whereas the existing model can be rigid and opaque, the proposed reform would inject responsiveness and transparency. Following the reforms contained in this bill, a panel made up of both public and judicial representatives would review all allegations of judicial misconduct that are deemed worthy of investigation. These panels would consider complaints through written submissions and be authorized to prescribe remedies short of removal from office where this is appropriate. Remedies could take the form of mandatory education or training, formal reprimands or the issuance of an apology. In this way, representatives of the public would be directly involved in ensuring the fairness and integrity of judicial conduct investigations.
The new regime would also require that a representative of the public serve on panels holding the most serious hearings, those that may culminate in a recommendation of removal from office. This properly reflects the fact that the public's wisdom, as well as its best interests, should feature centrally in addressing the most serious allegations against a judge. I have no doubt that this measure would enrich the quality and integrity of those hearings, just as it would provide an appropriate mechanism of transparency and public participation.
I will now turn to the issue of judicial accountability. Judges are the faces of the justice system. Their decisions and conduct make the law tangible, not only to those who appear in proceedings before them but also to the broader public as well. The extent to which the administration of justice is determined by the degree of confidence in those who make it work, judges included. Consequently, the conduct of judges is rightly scrutinized more closely and more critically than that of perhaps any other professionals.
Upholding this high standard relies on the integrity of the individual judges, as well as on the effectiveness of the system designed to address complaints. As I alluded to previously, in the context of public participation, a key indicator of the trustworthiness of a mechanism is its responsiveness. Currently, the Judges Act only empowers an inquiry by the Canadian Judicial Council to consider removal of a judge from office. This blunt approach is both too restrictive and too broad. Where the conduct at issue fails to meet the high threshold for judicial removal, public confidence is undermined by the absence of appropriate remedies for conduct that may nonetheless raise reasonable concerns.
Conversely, there is the risk that a lack of remedial alternatives causes lesser misconduct to be addressed through the full force of a public inquiry.
A more nuanced approach will help to meaningfully address a greater variety of allegations of misconduct in a way that will be both more efficient and cost-effective. The bill includes new opportunities for early resolution and for adapting procedures based on the seriousness of the allegations in question. This capacity to adapt strengthens the trust in the process and supports the integrity of the judiciary. We guarantee that every case of misconduct can be properly sanctioned and that no judge will fall through the cracks or be subject to procedures that seem disproportionate in the circumstances.
The responsibilities introduced by the bill are complemented by the accountability with respect to the funding of the process. More specifically, the legislation sets out a more stable funding mechanism, as well as protection measures and additional controls that will guide the use of public funds.
As such, the Canadian Judicial Council will be able to carry out its mandate to investigate allegations of judicial misconduct, a mandate that stems from the constitutional principle of judicial independence. Currently, the efficacy of the funding is compromised by the fact that the usual mechanism for obtaining funding simply does not meet the unusual needs related to the process.
Bill C-9 proposes a new funding mechanism that would actually separate the cost of the process into two components. The investigations will be paid for out of non-discretionary funds and the amounts required for fair and robust hearings will be paid directly out of the Consolidated Revenue Fund.
Expenses paid out of the Consolidated Revenue Fund will now be more transparent and stable thanks to three main measures. First, a regulation will be adopted under clause 144 of the bill to limit the number of lawyers participating in the process who can charge for their services. Second, under clause 145, the policies for the regulation of other process-related expenses will be developed by the Commissioner for Federal Judicial Affairs, whose office provides key operational support to the Canadian Judicial Council and is ultimately responsible for all the costs of the process.
Judicial conduct review mechanisms generally receive broad attention only on those rare occasions when high profile allegations of judicial misconduct focus the public's mind on them.
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- Jun/16/22 4:13:06 p.m.
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- Re: Bill C-9
Mr. Speaker, it is always important for all pieces of legislation to go through the scrutiny of being debated in the House and then looked at in committee, to go through the rigorous process where we call witnesses in and there is a good debate of ideas. We can always strengthen and improve legislation that obviously impacts the 38-odd million Canadians who are blessed to live in this country.
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- Jun/16/22 4:14:16 p.m.
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- Re: Bill C-9
Mr. Speaker, the hon. member comes from a beautiful part of British Columbia.
I wholeheartedly agree with the member that we need to tackle Bill C-9, get it through and get it done. At the same time, there is the death toll that opioids have cast on this country, and how many thousands of people have died from opioids. Our government is seized with it. All Canadians are seized with it. All parliamentarians need to be seized with it. I agree we need to tackle those issues.
On systemic racism, obviously I was very disappointed to see the story come out from the Toronto Police Service on systemic racism against the Black community in Toronto, but I was also happy to see that an apology was issued. We need to work on that issue as well. Much work remains to be done to break down barriers, walls, whatever stands in the way of beating back systemic racism against any Canadian from any group in this country that we live in today.
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- Jun/16/22 4:15:57 p.m.
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- Re: Bill C-9
Mr. Speaker, I thank my colleague from Abitibi—Baie-James—Nunavik—Eeyou for her question. It is very important for the system that Bill C‑9 be very effective.
It has to be very efficient. It has to be timely. It cannot land in a very long, bureaucratic standpoint. That is why I am so happy to see that in the 50 years this system has been in place, there is a revamp going on that takes it in that direction.
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