44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 10:23:18 a.m.
- Watch
- Re: Bill S-4
Madam Speaker, the Liberal government is the one that has been improving Internet coverage since 2015. That has never been seen before in Canada.
Today, we can modernize the systems and make them accessible. Today, we can move forward with technologies that we could not even talk about in 2015.
What is more, we made a commitment to connect nearly 98% of the population by 2026. That is like tomorrow morning in politics.
I would like my colleague to tell us how important it is to pass Bill S-4.
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- Nov/24/22 10:58:53 a.m.
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- Re: Bill S-4
Madam Speaker, I would like to inform you that I will be sharing my time with my colleague from Avalon.
I am pleased to be here today to take part in the debate on Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts regarding the COVID-19 response and other measures. This relates to the changes made during COVID-19.
Bill S‑4 proposes changes to the Criminal Code and other acts to correct procedural problems that criminal courts faced during the COVID-19 pandemic. We used some good examples to draft the bill we are debating today.
From the outset, I would like acknowledge the contribution of the Standing Senate Committee on Legal and Constitutional Affairs, which carried out an in-depth study of Bill S‑4 last spring. After it heard from more than 20 witnesses and reviewed a large number of documents in a very short amount of time, the bill passed third reading stage in the Senate on June 21, 2022.
The Senate adopted two amendments. The first requires the Minister of Justice to initiate an independent review on the use of remote proceedings in criminal justice matters no later than three years after the day on which the act receives royal assent, and that he report to each house of Parliament no later than five years after the day on which a review is initiated. The second requires a parliamentary review at the start of the fifth year after the day on which the act receives royal assent. These amendments are valid, and they will help ensure an effective review of the use of remote proceedings and other provisions of the act.
The reforms provided for in Bill S‑4 include the following proposals: clarify and expand the availability of remote appearances for certain criminal proceedings; provide for the participation of prospective jurors by video conference in certain circumstances; expand the power of courts to deal with administrative matters related to extrajudicial procedures for accused not represented by counsel; and improve the fingerprinting system.
In my speech, I will focus on how these specific proposals will make the criminal justice system more efficient and improve access to justice across Canada, while alleviating some of the intense pressure on courts to deal with delays and backlogs in the system.
One of the main ways Bill S-4 will make the system more efficient is by making the act clearer with respect to the court's discretion to allow the use of technology in all criminal proceedings involving preliminary inquiries, trials, pleas and sentencing.
The safeguards in the bill requiring consent and the factors that courts will have to take into account in exercising their discretion are key to understanding how the law regarding remote appearances will be clarified and enhanced. Their purpose is to help courts allow the use of technology only where appropriate, while ensuring that the accused's rights and freedoms are protected at all times.
The reforms provided for in Bill S‑4 will also make it possible to use technology in the jury selection process. With the parties' consent, the court will be able to allow or require prospective jurors to participate in the jury selection process by video conference instead of in person at the courthouse. A prospective juror is a person who is summoned to court to take part in the jury selection process. This will improve access to the justice system for ordinary people who are legally required to take part in the jury selection process, but who may not be able to go to the courthouse in person because of certain obstacles.
For instance, they may not be able to take a full day off work, or they may not have access to public transit or amenities in certain regions. They may also simply be unable to find parking downtown, where courthouses are located. This bill could solve a number of mobility issues. Other obstacles may include health problems, a lack of child care or even bad weather, similar to what we have seen recently.
A more flexible jury selection process will also help increase jury participation and diversity, which is essential to keeping our criminal justice system running smoothly. Since the jury selection process can often involve hundreds of people gathering in person at the courthouse at the same time, the use of technology could also ensure that the proceedings do not need to be adjourned because of health risks or other difficulties before the trial even begins. It could prevent jury trials from having to be postponed or suspended, which frequently happened during the pandemic because of physical distancing requirements.
In a way, we are taking advantage of what happened during the pandemic to improve the system, while bearing in mind that, when we came to power in 2015, Internet service was unreliable, or at least less reliable than it is today. Today we can say that we have invested significantly in Internet coverage. By 2026, 98% of Canadians will have Internet access. This means that today, we can think about improving the system to better meet needs in remote regions. As Parliamentary Secretary to the Minister of Rural Economic Development, I have visited and travelled through many regions, and I can attest to the fact that we need to provide more services for rural and remote regions.
The amendments to this bill respecting jury selection include safeguards. The accused and the prosecutor will have to consent to an order allowing or requiring prospective jurors to participate by video conference. In addition, the court will have to determine whether such an order is appropriate, taking into account circumstances like the privacy and security of the prospective jurors and the challenges they face when it comes to in-person participation, as well as the accused's right to a fair and public hearing.
What is important to remember is that the use of technology is optional and at the judge’s discretion. It is not compulsory. It will help courts ensure the effective and efficient administration of justice. The proposed reforms will also better equip the courts to continue to operate during difficult times, whether because of a pandemic, which we experienced, a flood, which I experienced twice in my riding since 2015, or any other situation that could have an adverse impact on physical access to courthouses in the future.
Although these reforms can be put to greater use in the management of exceptional and urgent situations, they are not limited to such circumstances. They will apply on an ongoing basis so as to make sure our courts continue to offer technology use options in the years to come. In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill will improve access to justice and the efficiency of our criminal courts. For example, Bill S-4 will expand the power of courts to make case management rules permitting court personnel to deal with administrative matters related to extrajudicial proceedings for accused not represented by counsel.
We need to act and support this bill.
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Madam Speaker, my colleague across the aisle asks an excellent question.
She listed bills that are part of the reform of the judicial system, but she forgot Bill C-23, which was introduced last year and is a precursor of Bill S-4, the bill we are studying today. It is fair to say that there have been changes since the last legislature.
All of this is thanks to the consultations we conducted with major stakeholders, including the provinces and territories, which took part in the decision-making process and helped us amend the former bill and come up with Bill S-4. It is a step in the right direction.
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- Nov/24/22 11:11:27 a.m.
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- Re: Bill S-4
Madam Speaker, I would like to thank my colleague for his question.
Our criminal justice system is complex. Obviously, appointing judges is a necessary step, but we also need to put juries together. It is also important to employ the people who work for the prosecution to advance proceedings that are under way.
Today we are taking a step forward to improve the system. We are implementing a bill that will improve the system and facilitate judges’ work thanks to technologies such as the Internet and video conferencing. How many times have judges shown up for a session that had to be postponed because of one of the factors I mentioned in my speech, such as illness, transportation, family obligations and child care concerns? Proceedings have been postponed for all of these reasons.
Right now, it is important to make judges' work easier. After that, we will review and assess to determine whether that actually improved the system. This bill will make judges’ work easier. It will help the judges who are now on the bench to be more effective.
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- Nov/24/22 11:13:28 a.m.
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- Re: Bill S-4
Madam Speaker, there is never a good or bad time to introduce a bill.
There have already been amendments to the bill introduced last year. We worked with the Senate committee, the provinces and the territories, legal experts and people who offered recommendations. Starting last year, we made improvements to the bill and we made sure that Bill S‑4 was up to date and ready to be introduced.
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