SoVote

Decentralized Democracy

House Hansard - 133

44th Parl. 1st Sess.
November 23, 2022 02:00PM
  • Nov/23/22 5:05:10 p.m.
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  • Re: Bill S-4 
Mr. Speaker, one thing that I really noticed when we spoke about access to justice is video conferencing. The fact is that there are provisions for a child who has been victimized to appear by video. There is this idea, and it is propagated and in my view has no merit, that a trial judge cannot evaluate credibility when a person is appearing by video. It is often said that a person cannot appear by video because credibility is an issue, yet we have all sorts of sections in the Criminal Code that say that. I have seen all sorts of applications made. If a person lives in Newfoundland, and while they were visiting British Columbia they were a victim of a hit and run, all they are going to say is that they were in their vehicle, someone hit them and they suffered a broken leg as a result. That is going to be the extent of their evidence, and somebody will oppose it, because if that person does not come then the Crown's case falls apart. If I was to go one step further, as my colleague asked me to expand, I would probably expand it on the availability of victim or witness testimony by video. Right now the test can go either way. In my view the test should be much more lenient to say video testimony is preferred. Why are we flying a person across the country to give evidence? They can give evidence, as we do every day via Zoom. We do not necessarily give evidence, but do things right here and right now in hybrid Parliament. They could give their evidence over Zoom. It costs thousands of dollars, and that person has to take a day off work. When it comes to police officers, they could be investigating other crimes, but they have to go across the country. It takes three or four days that could be 30 hours of lost work, plus overtime, plus the price of flights. It often costs $10,000 just to testify in one case. That is what I would change.
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  • Nov/23/22 5:07:24 p.m.
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  • Re: Bill S-4 
Mr. Speaker, I always listen with interest to the member for Kamloops—Thompson—Cariboo for his innovative ideas. I must say that the last suggestion he made on witness testimony is an important one for us to think about in the future. This bill deals peripherally with the selection of jurors and allowing some of that participation to be virtual. I wonder if the member agrees with me that there is much more we need to do to facilitate the participation of jurors with things like the compensation of jurors for time lost at work or sometimes for travel costs or meals. We do not do a very good job right now of making sure that participating in a jury does not really cost individuals. I wonder if he would agree with me that there is more work to be done there.
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