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Mr. Garnett Genuis (Sherwood Park—Fort Saskatchewan, CPC)

Jun/16/22 10:30:01 a.m.
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Madam Speaker, the next petition I am tabling is in support of a private member's bill on organ harvesting and trafficking. It is a bill that has passed in the Senate and is currently before the foreign affairs committee. The bill would make it a criminal offence for a person to go abroad and receive an organ taken without the consent of the person who the organ is coming from. The petitioners want to see the bill passed. They note that a form of this bill has passed in the Senate unanimously three times and has passed in the House unanimously in the same form before. They hope this will be the Parliament that finally gets it done. In closing, the petitioners also note that the bill amends the Immigration and Refugee Protection Act to create a mechanism whereby people could be deemed inadmissible to Canada if they were involved in the heinous practice of forced organ harvesting and trafficking. I commend that to the consideration of colleagues.

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Mr. Garnett Genuis (Sherwood Park—Fort Saskatchewan, CPC)

Jun/16/22 10:30:01 a.m.
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Madam Speaker, the next petition I am tabling highlights the human rights abuses targeting Uighurs and calls for a stronger response from Parliament and government. The petitioners note a past Associated Press article reporting information on forced sterilization and abortion, coordinated campaigns of birth suppression, and mounting evidence that Uighurs are being subjected to political and anti-religious indoctrination, arbitrary detention, separation of children from families, invasive surveillance, destruction of cultural sites, forced labour and even forced organ harvesting. It is estimated that up to three million Uighurs and other Muslim minorities in China have been detained in what are clearly concentration camps. This evidence is in alignment with the criteria in the UN Convention on the Prevention and Punishment of the Crime of Genocide for the international definition of “genocide”. The petitioners want to see Canada step up on this and formally recognize that Uighurs in China have been and are being subjected to genocide and to use the Justice for Victims of Corrupt Foreign Officials Act, the Magnitsky act, to sanction those who are responsible for the heinous crimes being committed against the Uighur people.

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The Assistant Deputy Speaker (Mrs. Alexandra Mendès)

Jun/16/22 10:30:01 a.m.
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Questions on the Order Paper. The hon. parliamentary secretary to the government House leader.

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Mr. Garnett Genuis (Sherwood Park—Fort Saskatchewan, CPC)

Jun/16/22 10:30:01 a.m.
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Madam Speaker, by popular demand, the final petition I am tabling today is on the particular situation of a Canadian of Uighur origin, Huseyin Celil, who continues to be unjustly detained in China. The petitioners note that Canadians were very pleased to see the release of Michael Kovrig and Michael Spavor after 1,000 days of unjust detention, but note that there are at least 115 Canadians still being detained in China, including Huseyin Celil, who has been detained for over 5,000 days. Mr. Celil is a Canadian Uighur human rights activist. He is being detained in China for supporting the political and religious rights of Uighurs. He is a Canadian citizen who was taken and sent to China while travelling on a Canadian passport to Uzbekistan. The Chinese government has refused to accept Mr. Celil's Canadian citizenship, and he has been denied access to lawyers, family and Canadian officials. He was coerced into signing a confession and underwent an unlawful and unfair trial. The evidence makes it clear that the Chinese government's treatment of Uighurs meets most if not all of the criteria for genocide outlined in the UN convention and Canada must not remain silent. The particular ask of the petitioners in this case are that the Government of Canada demand that the Chinese government recognize Huseyin Celil's Canadian citizenship and provide him with consular and legal services in accordance with international law, formerly state that the release of Mr. Celil from Chinese detainment and his return to Canada is a priority of the Canadian government, of equal concern as the unjust detention of Michael Kovrig and Michael Spavor, and appoint a special envoy to work on securing Mr. Celil's release. Finally, the petitioners want to us to seek the assistance of the—

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Mr. Mark Gerretsen (Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate), Lib.)

Jun/16/22 10:30:11 a.m.
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Madam Speaker, I ask that all questions be allowed to stand.

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Stand
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The Assistant Deputy Speaker (Mrs. Alexandra Mendès)

Jun/16/22 10:30:19 a.m.
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Is that agreed? Some hon. members: Agreed.

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Hon. Joyce Murray

Jun/16/22 10:30:33 a.m.
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Re: Bill C-9

moved that Bill C-9, An Act to amend the Judges Act, be read the second time and referred to a committee.

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Mr. Gary Anandasangaree (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)

Jun/16/22 10:30:51 a.m.
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Re: Bill C-9

Madam Speaker, I am pleased to rise to Bill C-9, an act to amend the Judges Act. I want to acknowledge that I am speaking today on the traditional unceded lands of the Algonquin people. As lawmakers, it is our cherished responsibility to see to the good stewardship of our justice system. It is also our responsibility to ensure that traditional independence, a principle that lies at the heart of that system, is safeguarded and preserved. These responsibilities go hand in hand. An independent court system, in which every Canadian has confidence that their rights will be protected and that the laws of our country will be enforced with honour and integrity, is the lifeblood of our constitutional democracy. Public confidence in the courts is essential to public confidence in the rule of law, and public confidence depends not only on the status and strength of our courts as institutions but on the integrity of the judges who occupy them. I rise today to address a matter that engages this responsibility directly: the reform of Canada's system for investigating allegations of misconduct against federally appointed judges. It is tempting to take these observations for granted, but the reality is that they are the product of sustained vigilance and effort. Our institutions are strong because we take care to respect and nourish them. Our judiciary is strong because its members strive continuously to better serve Canadians and hold themselves to the most stringent standards of integrity, impartiality and professionalism. Canada's superior court judiciary, which includes the judges of the Federal Court and Supreme Court of Canada as well the judges of all provincial and territorial superior courts, enjoys an unparalleled reputation for excellence. Allegations of misconduct against members of the federal judiciary are rare, and allegations so serious that removal from judicial office may be warranted are rarer still. Nevertheless, an effective process for reviewing those few allegations that arise constitutes an integral part of our justice system and helps to secure a cornerstore of the rule of law, which is public confidence in the integrity of justice. According to our constitutional separation of powers, the judiciary itself must play a leading role in safeguarding the integrity of its members. Since 1971, the Judges Act has empowered its members, the chief justices and associate chief justices of Canada's superior courts, acting through the Canadian Judicial Council, or CJC, to receive and investigate complaints regarding the conduct of superior court judges and to report their findings and recommendations to the Minister of Justice. Only then does it fall to the minister to decide whether to seek removal of a judge. It is a decision that requires ratification by Parliament and an address to the Governor General under section 99(1) of the Constitution Act, 1867. This power is tempered by the constitutional principle of judicial independence, and the security of tenure it affords to every superior court judge in the absence of their proven incapacity or misconduct. Recently, the gap between these broader changes and the conduct process prescribed under the Judges Act has grown acute, bringing into jeopardy the public confidence that this process is meant to secure. Allowing the judiciary to regulate the conduct of their own members in this manner is entirely appropriate. It rightly safeguards the courts against interference by the political branches, ensuring that judges can protect the Constitution and the rights of Canadians without fear of reprisal. While Canadians can thus have confidence in judicial leadership and control over investigations into judicial conduct, the legislative framework that enables this leadership has remained unchanged since 1971. This is despite vast changes to the legal and social landscapes in which the framework must operate. The most serious judicial conduct cases, and those that attract the greatest public attention through the inquiry committee process, are notoriously long and costly, and are beset with parallel court challenges that take years to resolve. One of these is the length and cost of judicial conduct proceedings. As federal administrative tribunals, inquiry committees constituted by the CJC are reviewable first in the Federal Court, then by the Federal Court of Appeal and then possibly the Supreme Court of Canada. This gives a judge who is subject to the process an opportunity to initiate as many as three stages of judicial review. This was seen recently in the case of former Justice Girouard. Because the Judges Act lacks alternatives to full-scale divisional inquiries, all cases that raise valid concerns regardless of their gravity are forced into a procedurally complex, public and adversarial inquiry mechanism. At the conclusion of that mechanism, rather than allowing an inquiry committee to report directly to the minister, the Judges Act requires that a report and recommendation be submitted by the CJC as a whole. The fact that judicial independence warrants the provision of publicly funded counsel to a judge has meant that in some cases, lawyers have collected millions of dollars in fees for launching exhaustive legal challenges that are ultimately proven to be without merit. The public is rightly outraged by this lack of efficiency and accountability in a process carried out in its name. The situation demands correction. In other words, a body of at least 17 chief justices and associate chief justices from across Canada who have not had any direct involvement in the scrutiny of a given case must review the work of an inquiry committee and decide whether or not to recommend a judge's removal to the minister. This process is burdensome, inefficient and costly. Rather than having confidence that concerns about judicial conduct will receive a fair and effective resolution, Canadians see this process as duplicating features of procedural complexity and the adversarial model that can be so alienating in the justice system at large. Another shortcoming of the current process is that the Judges Act empowers the CJC only to recommend for or against the removal of a judge. There are no lesser sanctions available. As a result, instances of misconduct may fail to be sanctioned because they do not warrant removal. There is also a risk that judges may be exposed to full-scale inquiry proceedings and to the stigma of having their removal publicly considered for conduct that is more sensibly addressed by alternative procedures and lesser sanctions. The bill before us would thus comprehensively reform and modernize the judicial conduct process while honouring a fundamental commitment to fairness, independence and procedural rigour. Allow me to offer a brief summary emphasizing the objectives that the bill is intended to achieve. First and foremost, the bill would streamline the judicial conduct process. It would replace the current availability of judicial review with an efficient internal appeal mechanism for judges whose conduct has been found lacking by a hearing or a review panel. In other words, rather than allowing judges to step outside the process and launch multiple court challenges that can interrupt and delay proceedings for years, the reformed process would include its own internal system of review to ensure the fairness and integrity of any findings made against a judge. At the conclusion of the hearings process and before the report on removal is issued to the minister, both the judge whose conduct is being examined and the lawyer responsible for presenting the case against them would be entitled to appeal the outcome to an appeal panel. Rather than making CJC hearings subject to external review by multiple levels of court with the resulting costs and delays, the new process would include a fair, efficient and coherent appeal mechanism internal to the process itself. A five-judge appeal panel would hold public hearings akin to those of an appellate court and have all the powers it needs to effectively address any shortcomings in the hearing panel's process. Once it has reached a decision, the only remaining recourse available to the judge and to presenting counsel would be to seek leave to appeal to the Supreme Court of Canada. Entrusting process oversight to the Supreme Court would reinforce public confidence and avoid lengthy judicial review proceedings through several levels of court. These steps on appeal would be governed by strict deadlines, and any outcomes reached would form part of the report and the recommendations ultimately made to the Minister of Justice. In addition to giving confidence in the integrity of judicial conduct proceedings, these reforms are expected to reduce the length of proceedings by a matter of years. This would avoid situations we have seen in the past where repeated appeals to the Federal Court have drawn the process out to obscene lengths. The new process would also provide opportunities for early resolution of conduct complaints, avoiding the need in many instances to resort to adversarial public hearings. Rather than treating all cases as though they might warrant judicial removal, the CJC would be empowered to impose alternate remedies that were proportionate to the conduct at issue and better tailored to the public interest. The public at large would be better represented in these proceedings with the bill codifying a place for public representatives in the review of complaint processes. For example, it may require a judge to take a continuing education course or apologize for the harm caused by their misconduct. As far as conduct that warrants judicial removal is concerned, the bill requires that robust public hearings be held. The bill includes a role that will allow the presenting counsel to act as a public prosecutor in presenting a case against a judge. What is more, the judge will have ample opportunity to provide responses and present a defence with the assistance of their own lawyer. If the hearing panel recommends the judge's removal, those recommendations will be sent to the Minister of Justice subject only to the disposition of the appeal. It will not be necessary for the entire Canadian Judicial Council to take part in the process. These steps alone would render the judicial conduct process more flexible, timely and efficient without compromising fairness or investigative rigour. In doing so, it would also render the process less costly, more accessible and more accountable to Canadians. Beyond mere process reforms, the bill would introduce a stable funding mechanism to support the CJC's role in investigating judicial conduct and one appropriate to the constitutionally imperative nature of this duty. It would also add safeguards requiring that the responsible officials establish guidelines consistent with government-wide standards for the administration of public funds, that the administration of those funds be subject to regular audits, and that the results of those audits be made available in public reports. This combination of financial accountability and transparency is critical in ensuring public confidence in the judicial conduct process, and it is overdue. The provisions established in the appropriation clearly limit the categories of expenses it captures to those required to hold public hearings. Moreover, these would be subject to regulations made by the Governor in Council. Planned regulations include limiting how much lawyers involved in the process can bill, and limiting judges who are subject to proceedings to one principal lawyer. The bill also would require that the Commissioner for Federal Judicial Affairs make guidelines affixing or providing for the determination of any fees, allowances and expenses that may be reimbursed and that are not specifically addressed by the regulations. These guidelines must be consistent with any Treasury Board directives pertaining to similar costs, and any difference must be publicly justified. Finally, the bill would require that a mandatory independent review be completed every five years into all costs paid through the statutory appropriation. The independent reviewer would report to the Minister of Justice, the Commissioner and the chair of the CJC. The report would assess the efficacy of all applicable policies establishing financial controls and would be made public. Taken together, these measures would bring a new level of fiscal accountability to judicial conduct costs, while replacing the cumbersome and ad hoc funding approach currently in place. All of these reforms were informed by an extensive process of public consultation. In addition to hearing from Canadians, academic experts and members of the legal profession, the government has had a sustained engagement with two judicial organizations in particular: the CJC and the Canadian Superior Courts Judges Association. The government is deeply grateful for the commitment of these organizations to supporting reform and sharing their perspectives and expertise in a spirit of respectful collaboration with officials from the Department of Justice Canada. I know that passage of these reforms is of the highest priority to judicial leaders, and the government is committed to answering their rightful requests for legislation that would support them in fulfilling their critical role. I will conclude simply by recommending to my colleagues that we seize the opportunity to renew an institution that is vital to the trust that Canadians place in their justice system. I am convinced that Canada has the strongest justice system in the world, in no small part because we have the most exceptional and committed judiciary in the world. That reality is not inevitable, but it is the result of our sustained commitment and effort to keeping our institutions healthy and keeping our judiciary independent and strong. Let us renew these commitments again with the passage of this legislation. I look forward to our deliberation and debate.

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Hon. Rob Moore (Fundy Royal, CPC)

Jun/16/22 10:47:07 a.m.
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Re: Bill C-9

Madam Speaker, I listened intently to the parliamentary secretary's speech, but I am concerned with the timing. This bill has sat dormant for so long and is now being brought forward just before we go into summer. It brings me to another issue. We cannot talk about the judicial process or the justice system without speaking about victims and the unique place they have. They are often overlooked, I am afraid. I would like the parliamentary secretary to comment on the fact that the position of victims ombudsman has remained vacant for far too long. It was supposed to be filled back in October. I wonder if he could comment on the process for that and why it has not been filled to date.

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Mr. Gary Anandasangaree

Jun/16/22 10:48:02 a.m.
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Re: Bill C-9

Madam Speaker, I appreciate my colleague. I work with him at the justice committee and always appreciate his interventions, but I am a little perplexed as to why we are not talking about the bill itself and are speaking about issues that are ancillary to the bill. With respect to the bill itself, there is a process allowing different parties to be involved in the process. Ours is an outdated way of reviewing judges' conduct. It is 51 years old, to be exact. We look forward to a proper debate on this. We introduced this bill back in December of last year, and obviously our legislative calendar has been extensive. It has included the passage of Bill C-5, which we were able to get through yesterday. We are very much committed to moving this bill forward.

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Mr. Jean-Denis Garon (Mirabel, BQ)

Jun/16/22 10:48:54 a.m.
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Re: Bill C-9

Madam Speaker, everyone has heard about the case of Justice Girouard, who committed wrongdoing two weeks before his appointment in 2010. After all the appeals, his sanctions process took 10 years. I am wondering if the timeline could be tightened up drastically through the changes proposed by the Bill C-9. That would improve public confidence in the justice system. I would also like to know whether my hon. colleague believes that the federal government will be able to make significant savings in this process, which is often too long and complex and, at times, undermines the confidence of Quebeckers and Canadians in the justice system.

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Mr. Gary Anandasangaree

Jun/16/22 10:49:39 a.m.
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Re: Bill C-9

Madam Speaker, I fully agree with my colleague. We have heard from the Canadian Judicial Council about the delays, and we have heard the frustration from the public about the delays. One of the things this bill tries to do is streamline the process, make it more efficient and make it more cost-effective to ensure justice is served in a timely manner. We have an incredible justice system and incredible judiciary, but for the odd time when there is a lapse, it is important to have continued public confidence in our system. We are grateful for the support of my friend opposite.

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Ms. Elizabeth May (Saanich—Gulf Islands, GP)

Jun/16/22 10:50:31 a.m.
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Re: Bill C-9

Madam Speaker, I thank the hon. parliamentary secretary for setting out so clearly the legislation before us. It has obviously been delayed, and we obviously need to update the Canadian Judicial Council. I hope he will not mind if I stray from what the bill would do and ask if the government would be prepared to expand it to what judges do after they retire. I am personally very concerned that Supreme Court of Canada judges, upon retirement, are available for hire to private sector lobby interests, and that the advice they provide is bought and paid for. I think of those who have worked for SNC-Lavalin, as an example. They really should be precluded from taking private sector work after leaving the bench. I wonder if the hon. parliamentary secretary has heard of any current discussions of whether that might be a good idea.

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Mr. Gary Anandasangaree

Jun/16/22 10:51:25 a.m.
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Re: Bill C-9

Madam Speaker, I look forward to speaking to my colleague about this issue further. However, what she has cited is not the subject of this particular bill. This bill is focused on the reform of the complaints process to make sure that it is fair, it is efficient, it is expedient and it is cost-effective. Of course, for any other issues relating to judges, I look forward to talking to any member about their concerns, and I will take them back to the minister.

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Mr. Mark Gerretsen (Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate), Lib.)

Jun/16/22 10:52:01 a.m.
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Re: Bill C-9

Madam Speaker, I thank the parliamentary secretary for once again laying out what the bill intends to do. I found it quite interesting that the first question he got from the Conservatives was about timing and why it is taking so long, as though the Conservatives have not been here to witness the antics they have been up to for the last five or six months. Our fall economic statement did not get voted on until late spring because of Conservative shenanigans. I am pretty certain that even if the Conservatives completely agreed with every part of this bill, they would still not let is pass through the House for no reason other than just to be obstructive. The member is the parliamentary secretary for a ministry that has introduced a lot of legislation in the last few months. I wonder if he can comment a bit on the frustration that he sees with respect to moving legislation through the House.

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Mr. Gary Anandasangaree

Jun/16/22 10:53:01 a.m.
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Re: Bill C-9

Madam Speaker, I ran on a platform of hope and hard work, and we have been working very hard with a great deal of optimism to bring forward legislation. While I concur with my friend on the many obstructionist tactics of the opposition, I do want to say that there were moments when we came together. The motion on amendments to the Saskatchewan Act is an example of that, and I congratulate my friend opposite. I believe this is a bill that we can all come together on and get passed right away.

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Hon. Ed Fast (Abbotsford, CPC)

Jun/16/22 10:53:45 a.m.
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Re: Bill C-9

Madam Speaker, I notice that the two Liberals who have gotten up in the House to speak about the bill and ask questions have resiled from a discussion about victims. My colleague for Fundy Royal specifically asked a question on how victims are implicated by the bill and how they would benefit from an improved complaints process. However, all they did, both the parliamentary secretary and my colleague from Kingston and the Islands, was deflect. They do not want to talk about victims; they want to talk about something else. Could the hon. member please explain to the House how victims will benefit from this legislation? At the end of the day, we are talking about judges, the ones who render judgment in many criminal cases across this country, and it is the victims of crime who are often left hanging and fall through the cracks.

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Mr. Gary Anandasangaree

Jun/16/22 10:54:59 a.m.
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Re: Bill C-9

Madam Speaker, I appreciate my friend's question, and I want to remind him that the Conservative Party does not have exclusivity on protecting victims. I think all of us in the House absolutely have a responsibility there, and we are very much committed to ensuring that the voices of those who are particularly impacted are heard. Bill C-9 would allow for complaints to come forward, including from victims and other actors within the overall justice system. The bill would make it easier for these complaints to go through the process so they will not have to wait seven, eight or 10 years. They would be dealt with expeditiously. The levels of appeal that are available currently would be curtailed so that the process is more efficient. I fundamentally believe that this would enhance the confidence that Canadians have, including victims, in coming forward with complaints. What we want to do is establish the space for people to come forward and have confidence that they can complain and still get a fair hearing in a timely manner.

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Mr. Daniel Blaikie (Elmwood—Transcona, NDP)

Jun/16/22 10:56:21 a.m.
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Re: Bill C-9

Madam Speaker, on the question of timing, I have to note that one thing that helps governments accomplish their legislative priorities is time. In the last Parliament, the Prime Minister chose to call an election needlessly when all the opposition parties pledged not to cause an election. I wonder how these priorities factor into the decision-making of the government, and how the Liberals can call it a priority when they showed that they were so clearly willing to put what they thought were their partisan interests ahead of the priorities in the bill.

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Mr. Gary Anandasangaree

Jun/16/22 10:56:57 a.m.
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Re: Bill C-9

Madam Speaker, the Minister of Justice has brought forward a number of pieces of legislation, including Bill C-5, which passed yesterday. A motion on the Saskatchewan Act was passed several months ago. We have Bill C-9 too, which is currently in the works. We will continue to bring forward all of our priorities. We believe this bill is a priority and we want to get it passed.

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