44th Parl. 1st Sess.
June 16, 2022 10:00AM
- Jun/16/22 4:45:08 p.m.
- Watch
- Re: Bill C-9
Mr. Speaker, I will be sharing my time with the member for Saanich—Gulf Islands, a place I am hoping to visit sometime soon.
It is always an absolute privilege for me to stand in this place and work for the people of Canada. That is certainly true today. I will also say that it is absolutely an honour for me to rise on behalf of the residents of my riding of Davenport to speak to Bill C-9, an act to amend the Judges Act and the Criminal Code.
I always like beginning my speeches with a quick summary of what a bill proposes to do and some of the key changes that are being proposed. Then I go into a bit more detail in my main speech.
Bill C-9 proposes amendments to the Judges Act to replace the process through which the Canadian Judicial Council reviews the conduct of federally appointed judges. It would establish a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge's removal from office, and it would make changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. This new process would also apply to persons, other than judges, who are appointed under an act of Parliament to hold their office during good behaviour.
The proposed amendments to the Judges Act would do the following. First, they would amend and streamline the process for more serious complaints, where removal from the bench could be an outcome. Second, they would address the current process' shortcomings by imposing mandatory sanctions on a judge when a complaint of misconduct is found to be justified but not serious enough to warrant removal from office. Such sanctions would include counselling, continuing education and reprimands. Third, they would require the Canadian Judicial Council to include in its annual public report the number of complaints received and how they were resolved.
Indeed, Bill C-9 is unique. Let me provide a few more details about why, and at the same time elaborate on what Bill C-9 proposes to do.
Canadian judges are rightly held in high regard not just in Canada, but around the world. Their decisions carry great weight for individuals appearing before them, whose lives are so directly and meaningfully affected, and for society as a whole. Canadians rightly expect much of judges: to make decisions that apply the law correctly and fairly, and to do so in a way that embodies unimpeachable character and meets the lofty standards to which judges are held. The confidence of the Canadian public in individual judges and the judiciary as a whole depends on it.
We know that public confidence is well placed, but neither we as lawmakers nor Canadian society as a whole can become complacent. We all have a role to play to ensure that confidence in the judiciary continues to be merited. Part of that is making sure Canadians know there are avenues open to therm to make complaints about a judge's conduct and that appropriate recourses are available. For this reason, processes have been established that allow for such complaints about the conduct of individual judges.
At the same time, judges must be able to respond to complaints and be assured that they will be treated fairly and in a way that is in keeping with their judicial independence. For this reason, the Canadian Judicial Council, comprising the most senior judges in Canada, was created and has the authority to manage the processes by which complaints about judges are investigated.
Parliament also has a role to play. In 1971, Parliament established the Canadian Judicial Council and charged it with establishing and managing the process for investigating complaints against federally appointed judges. The legislative framework that Parliament set out for the judicial conduct process remains with us, largely unchanged, several decades later.
Today, we have reached a unique point in history. We have before us the opportunity to build on Parliament's past work by modernizing the judicial conduct process, ensuring that it continues to reinforce public confidence. I urge every member of the House to seize this opportunity.
The existing mechanisms used to review allegations of judicial misconduct are in urgent need of renewal. The current process was established more than 40 years ago. Since then, the administrative law landscape surrounding the process has changed. The values and standards that help shape expectations of judicial conduct have evolved too. The judicial conduct process, however, is largely the same. We know that it is out of date and that it demands reform.
The Canadian Judicial Council, with its decades of experience running the judicial conduct process, has called for such reform. The council's chair, Chief Justice Wagner, had identified this as a priority from the beginning of his time in his role. At his welcome ceremony as a new chief justice of the Supreme Court of Canada in 2018, Chief Justice Wagner noted the need to modernize the mechanisms for addressing complaints regarding judicial conduct.
Several recent judicial conduct cases have highlighted the importance of reform. They have shown us that under the current system, cases can be marked by exorbitant legal fees, lengthy delays and multiple inefficiencies. This is not a process that inspires abiding public confidence, but today, by supporting Bill C-9, we have a chance to fix this.
Bill C-9 addresses the shortcomings of the current process and launches the long-awaited renewal of the judicial conduct process. The reforms proposed in Bill C-9 would make the process more efficient by, in part, preventing parties from seeking judicial review of decisions that are made during the judicial conduct process. This would reduce costs and prevent delays. The bill would also increase accountability by establishing a more robust role for the public in the process.
The bill before us today proposes a set of carefully considered, well-informed and broadly supported reforms. These reforms come out of robust consultations and substantial engagement with the Canadian Judicial Council, which would remain responsible for carrying out the judicial conduct process, and with the Canadian Superior Courts Judges Association, which represents many of the federally appointed judges to whom the new regime may be applied.
In June 2016, our federal government launched public consultations on modernizing the judicial conduct process. Over the following months, we were pleased to receive multiple submissions reflecting the importance that this process holds for the legal community and for Canadians as a whole. We heard from individuals and organizations who provided thoughtful comments on the existing process and suggested meaningful reforms. The Canadian Judicial Council and the Canadian Superior Courts Judges Association participated in these consultations, as did the Canadian Bar Association and the Federation of Law Societies of Canada and members of the general public.
These consultations sent a clear message that there is broad support for the reform and modernization of many aspects of the judicial conduct process. The process should be more efficient and more transparent and should provide for greater public accountability. The reforms set out in Bill C-9 embrace this message, responding to the concerns expressed in the consultation process.
Following the consultations, our government engaged closely with the council and the association on multiple occasions to develop and refine proposed reforms to the judicial conduct process. This close collaboration ensured that the reforms before us today are informed by the experiences of the people who work with the process directly, and the experiences and perspectives of Canadian judges themselves.
In conclusion, Bill C-9 sets out the changes that are required to modernize and renew a process that is key to public confidence in the justice system. The proposed reforms before us today address a long-standing problem. They were carefully developed. They are widely supported. They reflect the experience, wisdom and knowledge of the judiciary itself. More importantly, they advance the best interests of Canadians who interact with our justice system.
Fellow members, let us work together to strengthen and modernize the mechanisms for addressing complaints about the conduct of federally appointed judges, and reinforce and foster public confidence in our judiciary and our justice system. Let this bill and its passage mark an important point in the history of the judicial conduct process in Canada. I urge all members to join me today in supporting Bill C-9 and passing these long-awaited changes to the judicial conduct process.
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- Jun/16/22 4:55:23 p.m.
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- Re: Bill C-9
Mr. Speaker, I think there are always competing demands for the time in this House. All of the legislation that is introduced at whatever point in time, whether it is two days before the summer break or two months before the summer break, is extraordinarily important.
I do not think that any Canadian or anybody listening should consider this bill as less important because it was introduced just before summer break. It is something that has been studied for over seven years. It has been discussed widely. I think there is wide agreement with the changes that are being proposed. I hope the member will consider supporting this bill.
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- Jun/16/22 4:56:19 p.m.
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- Re: Bill C-9
Mr. Speaker, I think that if the House were to ask for unanimous consent to pass this bill, we would be able to pass it very quickly.
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- Jun/16/22 4:57:02 p.m.
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- Re: Bill C-9
Mr. Speaker, I think there have been a lot of consultations. I listed a number of associations from the legal perspective, from the broader perspective and also from the general public that were invited to comment on the proposed legislation. I mentioned that this legislation, or the deliberations about updating or modernizing this approach, has been talked about for about seven years now. There has been a lot of opportunity for a lot of input. It was widespread. I have all the confidence that there has been a lot of opportunity for anybody who has wanted to provide input to have done so. I think it has been honourably encapsulated in the legislation we have proposed before the House.
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- Jun/16/22 4:58:32 p.m.
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- Re: Bill C-9
Mr. Speaker, the member is right. I do care about the discourse in this chamber. I think we are at our best when we share our best ideas in addressing the biggest challenges before Canadians. I think that is how we can best serve Canadians on all of the issues, challenges and opportunities that face Canadians today. I agree with him. I encourage all sides to constantly find ways to share our best ideas and work together so we can create an even better Canada.
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- Jun/16/22 4:59:43 p.m.
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- Re: Bill C-9
Mr. Speaker, I am not part of the team that is negotiating on this particular bill and what is actually happening in this House. It is with great hope that they are talking about it and that they are putting unanimous consent as an option on the table. I do agree with many who have spoken in this House to say that there is widespread agreement and that we should pass this swiftly.
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