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House Hansard - 90

44th Parl. 1st Sess.
June 16, 2022 10:00AM
  • 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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  • Jun/16/22 11:25:48 a.m.
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  • Re: Bill C-9 
Madam Speaker, it was a pleasure to serve with my hon. colleague for some time on the justice committee. She brings a wealth of experience in this and other areas. It is important. This legislation came in back in the 1970s. There are always improvements that can be made to the process, particularly when dealing with situations that do not warrant removal. As my hon. colleague has rightly said, the independence of the judiciary is so important. It underpins the process. Without an independent judiciary, we do not have proper rule of law in our country. Therefore, we respect that judicial independence, but we also know that there have to be robust provisions in place when there are actual cases of misconduct, rare as they may be. This bill would streamline that process, particularly dealing with situations that do not warrant removal from the bench. Obviously, removal from the bench, for a judge, is the ultimate sanction. As I mentioned in my speech, it has been applied very rarely, but there are other instances where there needs to be a sanction for misconduct, and this bill would streamline that process. It is why we are supporting the bill, but we are also open to making amendments that would improve it and improve the role of victims in the process.
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  • Jun/16/22 3:40:45 p.m.
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  • Re: Bill C-9 
Mr. Speaker, with regard to where I left off on speaking to Bill C-9, this provision has many things that the Conservatives will support. I was just outlining the substance of the changes to the judicial review process. Of course, if this bill passes, there will be a screening officer and then there will be a series of panels. We had gotten to the hearing panel, which would be the first review of the misconduct. The panel can direct it in one of three ways: One would be an outright dismissal; the second would be putting into place sanctions, which I outlined; the third would be sending it to a full hearing panel. One of the unique features of this particular process is that if a sanction less than full removal is done, there is a secondary appeal process, which is called the reduced hearing panel. This panel actually brings in all new evidence, so in many ways it acts like an appeal process to the sanctions from the original review panel, but it is all new evidence and all new process. It does not even rely on the work, so even though it is an appeal process, it is a new judicial process as well. What I find interesting, and I plan to ask about it at committee if I get the opportunity, is that what could actually happen is that, at the initial panel, the individual justice could be sanctioned, as I outlined earlier, to an apology or a public rebuke from the panel. The justice could appeal that and then be sent to a full hearing for the potential removal. Therefore, the appeal to get less of a sanction could actually go back and have more of an impact, and in fact eventual removal, which could have a chilling effect on justices who want to appeal the process. Perhaps I am misunderstanding that section. As I said, I look forward to potentially exploring that at committee. At the initial review panel, if the charges are serious enough to justify a potential full removal, it would go to what is called a full hearing panel. That full hearing panel would have full evidence and there would be a presentation of the evidence by what is called the presenting lawyer or presenting counsel, in many ways a prosecutor, and they will conduct that. From there, the process stems out and then it actually funnels all back in. Both the reduced hearing panel and the full hearing panel would then go back into one process, which would be a traditional appeal process, and the actual discussions and reasons are reviewed at that appeal process. If, in fact, that appeal process is unsatisfactory to either the presenting counsel or the justice subject to the complaint, there would be at that point a right to appeal to the Supreme Court. Once all of those rights to appeal are exhausted or expired or waived, it would then go to the Minister of Justice, who can bring it in front of Parliament to potentially have that justice removed. There are a couple of key elements to this, and I find this part quite well done. There is a move in here to increase the transparency. Much more of the hearings, the decisions, the reasoning, the discussions and the lawyers' debate would be public. Of course, sunlight is the greatest disinfectant. On that as well, there would also be annual reports. Obviously, justices have an incredibly important function in our society and in our legal system. What is nice is that there would be a publishing of reports saying how many complaints there are, how successful they are and what the eventual outcome of those complaints is. This is nice. This is a piece of legislation that is clearly designed. We will discuss it, hopefully pull it apart and make it even better at committee, but it is clear that it intends to improve government efficiency. When I look at the global landscape, I have to say that we are not winning when it comes to our government's effectiveness or efficiency. It takes us months to get passports. We have seen the SNC-Lavalin affair and the WE scandal. This continuous corruption and tiredness, this poor, antiquated system, the uncompetitive WE system, is holding Canadian business back and holding Canadian jobs back. Perhaps this is the beginning of a new leaf for the government. Maybe it will move on from being a tired, corrupt, inefficient government and actually go forward and try to be better for Canadians. Quite frankly, we are in a global race and we are losing when it comes to government effectiveness and efficiency. I always appreciate members on the other side trying to give me a helping hand. I look forward to having greater discussion. I would encourage all members to read Bill C-9. It is certainly not the most contentious piece of legislation we will read, but it is important. As final words, I would like to thank all the justices who are out there working hard trying to protect victims, trying to keep our cities and streets safe, and trying to make Canada a better place.
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