44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 12:19:09 p.m.
- Watch
- Re: Bill S-4
Mr. Speaker, I am pleased to be speaking to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts at second reading today.
Bill S-4 would reform the Criminal Code and related acts in order to modernize the criminal justice system here in Canada. The bill seeks to provide courts with greater flexibility in the manner in which they conduct their business, while respecting the rights of all participants in our justice system. As a former litigator, I understand and truly believe in the importance of doing this. While I will detail some of the specific measures included in the bill in my speech today, I would like to take a moment to speak more broadly about why modernizing our justice system is so critical, particularly at this time.
Let us take, for example, gender-based violence. Gender-based violence is on the rise. Frontline organizations saw increases in gender-based violence of about 20% during the pandemic. Domestic violence, in particular, is on the rise. We are at the beginning of our 16 days of activism against gender-based violence. Access to justice is a critical piece of solving this puzzle. We have seen backlogs in the courts due to the pandemic. We have seen increases in the demand for our justice system and, in particular, for the time of our judges. Therefore, freeing up resources and ensuring that judges are available in the courts in order to do the work that Canadians need them to do is of fundamental importance in respect of gender-based violence and all forms of violence in this country. Bill S-4 would go a long way toward ensuring that our justice system is not only modernized but is in fact streamlined, and that additional resources are available for litigants who require them.
I will now speak more specifically to the telewarrant-related amendments of Bill S-4, which have been well received by many witnesses. Witnesses noted that these new provisions would simplify the warrant application process, improve access to judicial services and, very importantly, save police resources.
Under the current Criminal Code provisions on telewarrants, peace officers can apply for and obtain only certain investigative warrants by telephone or other means of telecommunication. The telewarrant regime was enacted in the Criminal Code in 1985, so it is time to reform that system.
It is important to remember that the telewarrant regime was established to provide law enforcement with greater access to judges for the purpose of obtaining search warrants. It was established to make it easier to meet some of the challenges associated with policing in a country so vast that the nearest courthouse can easily be 1,000 kilometres away.
The telewarrant provisions have been amended only occasionally since they were first enacted. For instance, they were amended in 1994 to allow for an applicant to request a search warrant by a means of telecommunication capable of rendering the communication in written form. The purpose at the time was to accommodate new forms of written communication, including the fax machine.
During the pandemic, the courts were able to rely on new technologies to reduce the health risks to those involved in the judicial system. This experience demonstrated the important role that technology can play in addressing challenges in the criminal justice system. Accordingly, the expansion of the telewarrant process would provide greater flexibility in how the courts and police can meet the requirements for obtaining investigative tools without having an impact on judicial protections that apply to the issuance of search warrants and other judicial authorizations.
Judges and justices of the peace will continue to rule on these matters in the manner they deem to be most appropriate. With this approach, we are modernizing our judicial system to make justice more efficient and freeing up time and resources for our judges and law enforcement.
Let us talk again about gender-based violence. We know that it is growing at a very alarming rate, and that access to justice is fundamental for women. We are embarking on the 16 days of activism against gender-based violence and we must make the necessary changes to our justice system to ensure better access to justice for all. That is fundamental.
The amendments to the telewarrant process address the following issues. First, the current telewarrant regime is available for only some warrants and investigative orders under the Criminal Code, such as a general warrant or a warrant to obtain blood samples in impaired driving cases. However, the telewarrant regime cannot be used for many common judicial authorizations sought by law enforcement, such as warrants to seize firearms, warrants for trafficking devices and orders to produce data.
In addition, at the present time, telewarrants, as opposed to warrants obtained by personal attendance, may be issued only in respect of indictable offences, and telewarrant applications may be made only to specially designated justices. Furthermore, while public officers responsible for enforcing federal statutes may apply for Criminal Code search warrants and other judicial authorizations, they can do so only by applying in person.
Given the limited scope of the telewarrant process, police officers spend countless hours on the road and waiting outside the office of the justice of the peace at the courthouse to get warrants that cannot currently be requested by a means of telecommunication.
Bill S-4 replaces the current provisions on telewarrants with a simplified, standardized process that will apply to a wide variety of search warrants, orders and investigative authorizations, while maintaining the protective measures for the issuance of judicial authorizations.
One key element of this new process is that where the search warrant application is submitted by means of a telecommunication that produces a writing, for example, an email, a peace officer will no longer be required to meet the existing precondition that is in place right now, that it has to be impracticable to appear in person.
The current in-person search warrant application process often involves hand delivery of applications by police officers at the courthouse, without even an interaction with a judge. By removing the impracticable appearance in person requirement, search warrant applications submitted in written form will be treated in the exact same way, whether they are submitted electronically or in person.
However, the police officer's ability to make an oral application for a search warrant by phone, for example, will be maintained in situations in which it is impracticable to present the application electronically, for example, where the officer is in a remote location with no Internet access. These changes to the current law on accessing telewarrant regimes promote the use of written applications as a standard approach to be followed by law enforcement when applying for their authorizations.
In closing, making it possible to obtain a wider variety of search warrants and other judicial authorizations through technological means will make the criminal justice system more effective by reducing the number of cases where law enforcement is required to obtain those judicial authorizations in person and to physically submit requests for search warrants.
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- Nov/24/22 12:29:44 p.m.
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- Re: Bill S-4
Mr. Speaker, I thank my hon. colleague for his question, but he obviously did not read Bill S‑4. That is not what we are debating in the House today.
I would be happy to discuss that with him further. I understand very well the issue he raised. However, since it is not part of the bill we are discussing today, I think we should stick to the current topic of debate.
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- Nov/24/22 12:31:30 p.m.
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- Re: Bill S-4
Mr. Speaker, I do not sit on the committee in which that debate took place. I would be happy to take cognizance of the evidence that was before the committee. Like any good lawyer, I will not opine on an issue without having all the facts before me. I certainly appreciate the member's work on the Emergencies Act committee and look forward to continuing the conversation with him.
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- Nov/24/22 12:32:39 p.m.
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- Re: Bill S-4
Mr. Speaker, more needs to be done. I agree with my colleague. The question is whether the bill does enough. I think more could be done. As mentioned earlier, Bill S‑4 was introduced in the previous Parliament, and we are receiving it from the other place.
I believe it will improve access to justice and ease the burden on judges, which is good. Is that the end of the story? The answer is no. More needs to be done.
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- Nov/24/22 12:33:57 p.m.
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- Re: Bill S-4
Mr. Speaker, I will answer the question to the best of my ability. In my opinion, that election was important. It was a question that was put to Canadians, and Canadians went to the ballot. When Parliament is dissolved, there are always bills before the House that unfortunately do not get passed due to the fact that an election is called. The fact that this bill has returned in this session and could potentially move quickly with the co-operation of all members of the House, is something I feel is important. If all members of the House agree on the importance of this legislation, I am not sure why we cannot move swiftly in order to pass it.
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