44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 10:19:42 a.m.
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- Re: Bill S-4
Madam Speaker, we agree. We do not know why the government has taken so long to retable this bill, which was first introduced in the last Parliament, especially given the circumstances. We know there is a huge backlog in Canada's justice system. It is not a new issue.
As a means of addressing court backlogs, why did the government oppose recommendation 1 of the 2017 report of the House of Commons Standing Committee on Justice and Human Rights “Access to Justice Part 2: Legal Aid”, which called on the federal government to remove the legal aid funds currently included in the Canada social transfer in favour of a specific earmarked civil legal aid fund for provinces, administered under the Department of Justice Canada legal aid program?
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Madam Speaker, the hon. member has hit on a great point. We have all heard the expression “justice delayed is justice denied”, and in our country currently, under the Jordan principle, justice delayed can result in a case being completely thrown out. The Supreme Court has ruled that if a case is taking too long, charges have to be dropped against an offender.
That is why I call into question the government's narrative on the urgency of this. This bill, as I mentioned in my speech, was introduced originally as Bill C-23 a couple of years ago. What happened in the intervening time? An unnecessary election reset the clock, and here we are today studying Bill S-4.
The Conservatives support Bill S-4. There are some necessary improvements in there, but we need to maintain our focus on supporting victims and their families.
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- Nov/24/22 11:26:01 a.m.
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- Re: Bill S-4
Madam Speaker, I certainly would support that amendment to make sure everybody could have an opportunity to appear as a witness or take part in any court proceeding. I do not think people should be limited by not being able to appear on their own behalf or on behalf of others.
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- Nov/24/22 11:26:22 a.m.
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- Re: Bill S-4
Madam Speaker, there is a fundamental principle that justice delayed is justice denied. We have heard all the various ways in which our legal system is falling apart with backlogs. This bill addresses one administrative part, but I think about those who are awaiting trial in custody, being held on remand, and the great delay in the government's bringing this legislation back.
In particular, as a means of addressing court backlogs, why did the government oppose recommendation 1 of the House of Commons Standing Committee on Justice and Human Rights 2017 report on access to justice? Legal aid called on the government to remove legal aid funding currently included in the Canada social transfers in favour of a specific earmarked civil legal aid fund for provinces, to be administered under the Department of Justice.
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- Nov/24/22 11:34:36 a.m.
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- Re: Bill S-4
Absolutely, Madam Speaker.
We see how the Liberal government is refusing access to justice for Canadians.
Bill S-4 has some practical steps to ensure that my constituents would see a small step forward to be able to access the court system through things like video conference and whatnot. However, this is in the context of the larger trend where we have the Liberals more concerned about tanks on our streets than ensuring that Canadians have justice.
Somebody watching made the comment that we need time that fits the crime. We have a justice system, as is being highlighted by some of those who are commenting, where instead of prioritizing the rights of victims, in some cases those whom have seen absolutely devastating crimes, including sexual assault or a firearm being discharged with intent, the Liberals are eliminating sentences.
My constituents have made it very clear. The Liberals like to say that somehow we do not support justice or whatever the case is. There is one party in the House that stands up for victims, and that is the Conservative Party. That is increasingly clear, as we see the Liberals demand that somehow a soft-on-crime approach is a good way to stand up for victims of crime. That could not be further from the truth. We see a backlog within the court system that is leaving serious crimes without even seeing their day in court.
Imagine a victim, such as a senior in my constituency who came to me with respect to being held up at gunpoint. This was with an illegal gun, and it was not by a law-abiding firearms owner. That individual skipped bail, and in less than four hours they were back on the street. There were threats made against RCMP officers in my constituency, and we saw that within less than a day somebody who had threatened the life of an RCMP officer was back out on the street. This has a very significant correlation to the way that we have access to justice in this country.
I would suggest that the Liberals pay close attention, because there are many victims. These are not traditional Conservative supporters. I am not talking about just the folks I represent in rural Alberta. I am talking about folks from Liberal ridings who in some cases have reached out to Conservatives and said they are frustrated with that Liberal approach.
Somebody in the comments asked when the Prime Minister is going to resign. Certainly, I would have a whole host of constituents who would be very interested in finding the answer to that question.
Here is another example. Somebody on Facebook highlighted that the government spends more time persecuting law-abiding firearms owners than it does those who perpetrate serious crimes, including serious gun crimes. The hypocrisy that is demonstrated in that on a daily basis has contributed to that erosion of trust that is taking place within our system. This is something that I hope that the Liberals listen to very closely.
An erosion of trust is something that is very difficult to earn back. That is not something that is simply a platitude, a campaign-platform promise or whatever the case is. It takes time, it takes effort and it takes a demonstration. I have said this before in this place and I will say it again: If the Liberals are good at one thing it is politics, but when it comes to actually governing they fail each and every time.
In fact, I find it very interesting that, whether it be on the issues directly related to Bill S-4, which has a lot to do with access to the justice system and that sort of thing or the host of other concerns that MPs in this place hear on a regular basis, we see that over the past seven years the—
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- Nov/24/22 12:03:38 p.m.
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Mr. Speaker, again, rights should not be negotiable, certainly at the whim of a Prime Minister who seems to suggest they are.
The member made an interesting point. I certainly hear his frustration that when people are arrested for a serious crime, they are simply back out on the streets, sometimes a few hours later. In many cases, not just a handful of cases but through the personal testimony given to law enforcement officers, it revictimizes people once again.
We need a system that works. We need a system that ensures the presumption of innocence, so that people who have been alleged to have committed a crime have their day in court to ensure that all barriers are removed and that it can be done in a timely manner. As has been said, justice delayed is certainly not justice served.
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- Nov/24/22 12:17:21 p.m.
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- Re: Bill S-4
Mr. Speaker, I appreciate the stated support for this important bill.
Certainly, this is about modernizing Canada's justice system. It is one step, but it is a concrete step. I know that my colleague would appreciate the fact that Bill S-4 was informed by dialogue between the federal government and the provinces and territories. Bill S-4 is a product of the Action Committee on Court Operations in Response to COVID-19, which was chaired by the justice minister and the chief justice. Collaboration and consultation are at the heart of this bill, and it is just one piece of the fuller modernization of the Canadian criminal justice system.
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- Nov/24/22 12:32:00 p.m.
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- Re: Bill S-4
Mr. Speaker, today's technology enables us to do things that used to be much harder to do. My colleague mentioned this in her speech, particularly with regard to court delays.
Does my colleague believe that this bill makes sufficient improvements to ensure that fewer cases are thrown out because of the Jordan decision?
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- Nov/24/22 12:34:52 p.m.
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- Re: Bill S-4
Mr. Speaker, it is my privilege to speak to Bill S-4. I will be sharing my time with the hon. member for Tobique—Mactaquac. We are looking forward to hearing his comments as well.
As we all know, the goal of this bill is to increase the efficiency, the effectiveness and the accessibility of the criminal justice system in response to the challenges that we had with the COVID-19 pandemic, which has contributed to the enormous backlog that we have in the criminal justice system today.
The Conservatives have been raising concerns about delays and potential for criminals to simply walk free due to the Supreme Court's decision on Jordan. That decision said that no more than 18 months could pass between laying a charge and the end of a trial case in provincial courts or 30 months for cases in superior courts. We have seen a number of cases throughout Canada, provincially, certainly exceeding the 18 months over the last couple of years.
In the interest of serving justice, why would we not implement all the modern tools and resources at our disposal today to maximize productivity?
The resources being considered include amending the process for peace officers to apply and obtain a warrant using telecommunication rather than appear in person and expanding the ability to conduct fingerprinting of the accused at a later date, in exceptional circumstances, should fingerprinting not previously have been taken. The justice would have the discretion to determine what would be considered necessary in these circumstances.
Also being considered is expanding the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused who are not presented by counsel. We currently have a case in Saskatoon to which this certainly applies. Currently, this only applies to those represented by counsel.
Also being considered is expanding the ability for the accused and offenders to appear remotely by audio conference or even video conference in certain circumstances and the allowing of the participation of prospective jurors in the jury selection process by video conference if deemed appropriate and if the prosecutor and the accused consent, as well as using electronic and automatic means to select jurors.
Some of these modernizations are beneficial from both a safety and a financial perspective. For example, participating virtually would cut down on the transportation time and the cost and the resources needed to transport and protect the accused.
As we know, transportation costs are skyrocketing, it seems like every day. We all know that. It is not an insignificant consideration, considering the price of diesel and gas, especially in remote and northern communities.
The federal ombudsman for victims of crime has also raised a number of concerns regarding the impact of COVID-19 on the justice system, which must be carefully weighed in the consideration of Bill S-4.
The ombudsman pointed out that accessing justice in remote areas of the country, where bandwidth and Internet access remain an issue, could have a negative impact on the delivery of justice. We would not want to see that.
She also flagged the issue of ensuring that jurors remain anonymous and the potential to compromise their privacy with facial recognition software. For some victims and their families, it is an important part of their healing process to see the accused and the offenders in person or by video conference. In these situations, the use of a telephone would certainly deprive them of this opportunity.
The needs of the victim must, and I repeat, must always be weighed when considering an amendment to the Criminal Code.
Access to the Internet for rural Canadians has been a long issue in our country. The current government has promised for years to improve access to the Internet, and we know that this is a big issue in rural Saskatchewan, where I live, and certainly in remote and northern spots in Canada. It is blotchy at best, as it cuts in and out, and it has been an issue for the last seven years that the government has been in office.
Not everyone has access to the Internet. We saw this during COVID where schools tried to participate in classrooms and some did not even have access to a computer. There are issues with the Internet, which is a concern for prospective jurors to appear by video conference during the jury selection.
A jury summons, as we all know, is a very serious responsibility. However, I think many Canadians simply cannot take time off, particularly if one is a small business owner. It is near impossible for many to be compensated properly. As we all know, time is money and for the majority in our country, the two are certainly hard to fit in when someone does open that letter up and has been selected for jury duty.
Our legal system, without question, and we have talked about it for the last two days in this place, needs to improve. Bill S-4 aims to increase the efficiency, effectiveness and accessibility of the criminal justice system in response to the challenges that we have heard of over the last two years with the pandemic. The bill would also clarify and somewhat broaden the circumstances under which accused individuals, the offenders and others involved in criminal proceedings, may appear by audio conference or video conference.
I want to step back and have members think about the horrible incident we had at the James Smith reserve in my province of Saskatchewan, where, unfortunately, 11 people lost their lives over a warrant that had been out for months for Myles Sanderson.
If members recall, Sanderson became one of the worst mass murders in Canadian history. That day was September 4. Sanderson murdered 11 and injured 18 others during an early morning killing spree. In total, when Sanderson did die, he had been charged with 125 crimes. James Smith is a small community, roughly about 1,900, in northeast Saskatchewan. Therefore, when we see tragedies like this occur, we often have to ask ourselves if we could have prevented this. The warning signals were there for months, if not years.
It is not a coincidence that, since 2015, the violent crime rate in Canada has gone up 32%. This is a staggering statistic that for which the government must answer.
The community of James Smith is now left to pick up the pieces of this senseless act. The community has been victimized. Victims should be given at least as much consideration as offenders, but in Bill S-4, they are not even mentioned once. This soft-on-crime agenda by the Liberal government is not serving justice in our country.
The bill follows other pre-pandemic efforts to modernize the criminal justice system and reduce the delays in court proceedings. Delays in the criminal justice were already a serious issue before the pandemic. The measures contained in Bill S-4 would both modernize and make it more efficient, hopefully, for certain aspects of the delivery of justice.
Several family members have come forward in recent weeks with traumatic stories from the James Smith Cree Nation tragedy. Their stories are a crucial part in the healing process in the delivery of justice on that reserve. These are people we must be mindful of when crafting, carefully, this legislation. If we get the bill right, it will balance the need to improve efficiency with the rights of the people it serves, and always consider the victims and their families as a cornerstone of any justice legislation.
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- Nov/24/22 1:00:29 p.m.
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- Re: Bill S-4
Mr. Speaker, I echo my friend's final sentiments with respect to those who work in the system, especially the chaplains. I was able to meet with many prison chaplains this week.
I want to get to the bill. The substance of the bill is to modernize our court system. Can the member highlight the top three things in the bill that could help make the system more efficient?
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- Nov/24/22 1:06:16 p.m.
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- Re: Bill S-4
Madam Speaker, I will be sharing my time with the member for Edmonton Strathcona.
I am pleased today to have an opportunity to speak 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 on the COVID-19 response and other measures. This bill would increase our justice system's efficiency and ensure that all Canadians have equal access.
The COVID-19 pandemic altered our everyday lives, including necessitating new ways of accessing the criminal justice system. The solutions invented to accommodate our circumstances proved efficient and should be used going forward to optimize the ways in which criminal trials are conducted in Canada. This bill's proposed amendments support the increased use of technology in criminal courts across Canada. This has a variety of applications, such as the use of technology in the jury selection process, remote participation of prospective jurors and remote appearances for accused persons and offenders.
I want to focus first on the amendments relating to the jury selection process. The amendments would enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way. When a court allows prospective jurors to participate by video conference, it will be an individual's choice whether they want to participate in person or remotely.
Importantly, Bill S-4 accompanies the government's efforts to increase remote Internet access across our country and close the digital divide. However, while we work toward efficient Canada-wide Internet access, there are measures in place to help individuals who may not have optimal connection. When the court requires prospective jurors to participate in the jury selection process by video conference, it would need to approve a location equipped with the technological infrastructure for them to participate by those means, such as a community centre or courtroom set up with the requisite equipment.
If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from other locations, such their homes or offices, if they choose to participate that way. However, in this case, the court would also need to provide the option for prospective jurors to participate in the jury selection process in person.
These amendments would help our jury system represent the face of Canada. Increased representativeness would be ensured by first reducing the barrier of attending in person. Prospective jurors living in rural or remote areas would enjoy minimized travel time and costs, and those who need to find child care or who hold precarious employment would experience reduced time required to find alternative child care or time needed off work. It would also reduce emissions, I will add.
Second, the changes would ensure that persons who do not have access to adequate video conferencing technology, or who have limited understanding of the technology itself, would continue to be able to participate in the jury selection process and ultimately form part of the trial jury. These are critical measures to bridge discrepancies in Internet access while we work to shore up connection across Canada, including in my home province of New Brunswick.
In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill would improve access to justice and efficiencies in our criminal courts. For example, Bill S-4 would expand the power of courts to make case management rules to allow court personnel to deal directly with unrepresented accused persons on administrative matters for out-of-court proceedings. Currently this is only permitted if the accused person is represented by counsel. This may represent a relatively small change to the Criminal Code, but I believe it would go a long way to improving access to justice for unrepresented accused persons.
It is very important to note that these uses of technology are optional and subject to the judge's discretion, as opposed to being mandatory. I want to stress this point. These measures would assist courts in continuing to deliver justice in an effective and efficient way. The proposed reforms would also better equip courts with the tools to keep things moving during challenging times, because of a pandemic, a flood or any other situation that could hinder physical access to the courts in the future. While these reforms may be relied on in a more significant way in managing exceptional and emergency circumstances, they would not be limited to such circumstances. They would apply on a permanent basis to ensure that the options to use technology continue to be available to our courts for years to come.
Another important element of increased efficiency in this bill pertains to digital fingerprinting. Bill S-4 would amend the Criminal Code to allow a court to issue a summons for fingerprinting if an accused was previously required to appear but such identification was not completed for exceptional reasons. In addition, courts would be able to make an order for the fingerprinting of an accused person being released on bail. These reforms would facilitate the efficient collection of fingerprints, which is critical for the smooth functioning of our court system. When courts operate efficiently, more Canadians access justice and our country is better off.
The expanded telewarrant system is also critical. Expanding the possibility of obtaining a greater number of search warrants and other judicial authorizations by means of telecommunication would contribute to efficiency gains in the criminal justice system by reducing the need for in-person attendance and physical delivery of search warrant applications by law enforcement. Indeed courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.
Subsection 800(2.1) has, since 1997, authorized summary conviction trials by video for accused persons in custody. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999.
Bill C-75, which was passed by the House in 2019, modernized and facilitated some appearances by audio or video conferences of all persons involved in criminal cases, including judges, under certain circumstances.
Rather than overhauling criminal procedure, Bill S-4 continues to permit proceedings by remote appearance. This bill picks up where Bill C-75 left off, in light of the experience gained and the questions that arose with the use of technology in the criminal courts during the pandemic.
I would like to personalize this for a bit, if I may. Before I joined the House, my work was centred on supporting youth at risk in the education system. From time to time, students would find themselves interacting with the justice system. I had the opportunity to help them navigate these public institutions, understand their rights, and when the circumstances permitted, to also pursue justice. I remember a particularly frustrating time in which unnecessary delays prolonged the personal suffering of a survivor of sexual assault, adding to their trauma. I remember the anger and frustration this evoked and the feelings of helplessness for all involved.
Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can be used to help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of participants.
The reforms proposed in Bill S-4 flow from the important work of the action committee on court operations in response to COVID–19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.
Bill S-4 is an example of how we can improve the legal system, but there are other ways we can also discuss pushing things forward. I would like to mention restorative justice, which is an approach that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about it and address their needs in the aftermath of a crime.
It will invest in programs for first nations and indigenous courts as well, creating more pathways for healing by including indigenous knowledge and traditions, restorative justice practices and elders in the court process.
It will reform how sexual assault cases are prosecuted in Canada through a feminist equality lens.
It will ensure that everyone, regardless of income level, should be able to use the remedies that Canadian laws and the Canadian legal system provide.
It focuses on a system truly built on preventing youth crime by addressing its underlying causes, responding to the needs of young persons, and providing guidance and support.
Without continuing our work on multiple fronts, we cannot claim that there will be true justice for anyone who is involved in legal proceedings. Bill S-4 is part of the solution, and we need to continue to build on it to restore confidence in our legal system.
In 2022, the national justice survey revealed that 49% of Canadians are not confident the Canadian criminal justice system is fair to all people, and that 39% think it is not accessible to all. These numbers are incredibly alarming, and Bill S-4 is a step in the right direction.
In conclusion, Bill S-4's measures are both practical and necessary. They would assist the provinces and territories, which are responsible for the criminal administration of justice, by giving criminal courts additional tools to tackle delays. They would also benefit everyday court users. For these reasons, I urge everyone in the House to support Bill S-4.
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- Nov/24/22 1:17:28 p.m.
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Mr. Speaker, I mentioned a bit about restorative justice circles. This is something we are seeing used a lot in community, and I would love to see this applied more broadly, for more Canadians to access this indigenous lens, this approach. Again, it is to go toward healing, which is something that really needs to be added into this conversation.
The use of elders as well in the courtroom is really important. We see the use of the Gladue principles that have been put in place in court systems to allow judges to use that discretion and take into consideration someone's background and the trauma they might have experienced that led them to interact with the justice system. These are all really concrete pieces.
I would also like to highlight Bill C-5. I know it is a bit controversial for some members on the opposite side, but we need to address the discrimination our justice system has perpetrated upon indigenous Canadians and members of racialized communities. Reducing those mandatory minimums and using a judge's discretion is critically important, and it is going to ensure justice for all.
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- Nov/24/22 2:00:03 p.m.
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- Re: Bill S-4
Mr. Speaker, I am pretty sure everyone knows that the Bloc Québécois will support Bill S‑4, because my colleagues have said so. However, one clause in the bill states that appearances by video conference should not be optional. The Barreau du Québec actually recommends deleting that clause.
We should not see this as a solution. There are problems with distance and access to courts, and we cannot tell ourselves that we do not need to deal with the issue of access to courts because we have this band-aid solution, a plan B that lets us do things another way.
We have to make sure people always understand that they can choose between in-person attendance in court and appearing by video conference and that they are not indirectly forced to choose one over the other.
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- Nov/24/22 3:25:17 p.m.
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- Re: Bill S-4
Mr. Speaker, I wonder if my hon. colleague feels, like I do, that reducing court backlogs is so important that this bill should have been introduced much earlier in this parliamentary sitting, and whether she could share her thoughts with the House as to why that was not the case.
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- Nov/24/22 3:27:12 p.m.
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Madam Speaker, I thank my colleague from Joliette for his question. I did touch on that in my speech.
Connectivity is one interesting aspect. One of the downsides I see is the emergence of regional disparities. Some people may be required to come to court to testify in person because of poor connectivity in the region. Conversely, people who live some distance away may be pressured to communicate via audio conference and testify by video conference on the grounds that it is easier for them to do so remotely even though they might prefer to do it in person. Either scenario poses a risk of unequal treatment. This is one of the important factors that the House and perhaps the independent commissions will have to study. The Barreau du Québec also raised the issue in its recommendations.
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- Nov/24/22 3:39:21 p.m.
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Madam Speaker, if video conferencing is going to become more prevalent in our court systems, what is the state of our Internet particularly in rural areas? Is that going to be able to service the judicial system adequately?
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- Nov/24/22 4:05:43 p.m.
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Madam Speaker, I thank my colleague for his speech. I would like to hear what he thinks about a situation that could result from the application of Bill S‑4.
For example, since there is often a shortage not only of judges but also of court rooms, clerks, public servants and constables, we could potentially find ourselves in a situation where a person could get an earlier court date if they decided to have their case heard via video conference, whereas those who chose to have an in-person hearing would have to wait longer.
Ultimately, that would perhaps put pressure on people to proceed via video conference even if they would rather have their case heard in person.
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- Nov/24/22 4:20:13 p.m.
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Madam Speaker, I know that my Bloc colleague was a lawyer in a previous life, and I appreciate her input in the discussion today.
I think that looking at as many ways as possible to speed up the judicial system for victims, for those awaiting trial, to either be convicted or cleared, and a whole bunch of other cases in between, is something that should be examined. We have seen massive backlogs, as I mentioned in my speech. COVID was a major contributor, but even before COVID, the backlog in the court system was quite significant. Issues have been raised about that.
I think that there is an opportunity here to have that conversation about what can be done to speed it up, and I look forward to that discussion in the weeks ahead.
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- Nov/24/22 4:29:42 p.m.
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- Re: Bill S-4
Madam Speaker, there is a recommendation from the inquest for the federal government to explore adding the term “femicide” to the Criminal Code. What do Canadians get? Bill C-5 and Bill S-4. Bill S-4 was so important to the government that it has come before us several times, and the government just lets it lapse on the Order Paper.
Borutski, the eastern Ontario man who was sentenced to life with no chance of parole for 70 years for killing three women in 2015, can now challenge his sentence due to the Supreme Court ruling. Bill S-4 is not going to fix that. Even if he is not granted parole, his victims' families are forced to relive the crime and the loss of their loved ones at regular parole hearings after the 25-year mark. Real justice calls for changes that would prevent such a tragedy from happening again. Tinkering with the system by allowing Zoom into a courtroom is no joke to victims' families, and that is what Bill S-4 is doing.
The coroner's inquest into the deaths of Carol Culleton, Nathalie Warmerdam and Anastasia Kuzyk wrapped up after hearing extensive testimony from victims' families, their counsel, domestic violence experts and advocates. The jury made 86 recommendations based on the inquest. It is important to know about them since part of accountability is our awareness, and demanding that our public institutions do the right thing to prevent intimate partner violence. However, Bill S-4 tinkers with the administration of the court system.
It is time to be more cognizant of what is causing the problems. The first set of recommendations addresses the need for oversight and accountability. These initial recommendations recognize the importance of listening to and learning from victims and survivors, and they emphasize the need to follow up on implementation.
We need to create a survivor advocate position. Understanding that domestic violence victims' experiences with police and the justice system can be difficult, the jury recommended having a survivor advocate to advocate on behalf of survivors when they interact with the justice system.
They wanted to establish an independent intimate partner violence commission. The jury wants a commission to be established, like the one in the U.K., that can be a voice for survivors and victims' families. Local activists agree that an independent commission would help ensure the inquest recommendations are followed through and engage in meaningful consultation. By speaking with intimate partner violence survivors, victims' families and experts in the field, these consultations would determine the responsibilities and direction of the IPV commission and evaluate the effectiveness of existing community supports and prevention strategies, including program funding.
I will conclude my remarks by thanking all those who were involved in the inquest process, including the witnesses who gave their time so generously, along with the women from the anti-violence community in Renfrew county and beyond.
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- Nov/24/22 4:36:56 p.m.
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- Re: Bill S-4
Madam Speaker, I am pleased to rise today to speak 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 (COVID-19 response and other measures).
The judicial system has been facing a series of delays in cases proceeding to trial, which has been made worse by the COVID-19 pandemic. The Conservatives have raised concerns about the delays and the potential for criminals to walk free due to the Supreme Court's Jordan decision, which said that no more than 18 months can pass between the laying of a charge and the end of trial cases in provincial courts, or 30 months for cases in superior courts.
We have raised our concerns over the delays in the judicial system a number of times during the pandemic, both in the House and through the media, so it is good that the Liberals are finally listening. I understand that sometimes they have different priorities.
The court system scrambled to adapt and learn how to function during the pandemic, and it was obvious that changes were needed. I could have made this speech at the height of the pandemic, when the need was very urgent. The government recognized the need then and introduced Bill C-23, but it was obviously not a priority. That bill died on the Order Paper when the House was dissolved by the Liberals for their unnecessary election. However, as with many efforts of the government, I suppose we can consider it to be better late than never, though it seems sometimes that on truly pressing issues, such as inflation, for the Liberals to do anything, it is more never than late.
It is indeed important to support the courts in the technological transition that has been stimulated by the COVID-19 pandemic. It is also important to be as prepared as possible for a future pandemic or similar disruptions.
In the past two years, we have all discovered new ways of doing business. Some of those ways have been beneficial, others arguably not as much. So too is the case with this bill.
For justice to be truly done, it must be seen to be done. Any citizen has the right to attend court and observe the proceedings. In the past, that has naturally been a right that could be limited by the physical space of the courtroom. Allowing virtual proceedings would change that limitation while bringing with it the issue of controlling the dissemination of images from the proceedings. We have gone from cameras not being allowed into a courtroom to everyone having the ability to take screenshots or even videos of the proceedings.
There is no doubt that the COVID-19 pandemic has been felt throughout our criminal justice system. Problems that perhaps we did not realize we had have been brought into focus. A modernization of the system is long overdue. The pandemic has shown us that action is very necessary now.
With the technological tools that are now available to us, it makes sense to allow, as this bill would, peace officers to apply for and obtain a warrant using telecommunications rather than having to appear in person before a judge. This would not take away from the necessity of the officer to answer any questions as to whether the warrant is really necessary. The legal necessities would not change, but there is a savings to the taxpayer and the environment in the officer not having to drive to appear before a judge.
We are all aware that the criminal justice system has been subjected to delays in proceedings, and sometimes that was exacerbated by the pandemic. While justice delayed is justice denied, no one wants to see a criminal walk free because the system could not bring them to trial fast enough.
The reforms suggested in this bill are small but incremental. It is important to remember that the fundamentals of justice would still be being observed, and that the increased use of teleconferencing in the courts would not take away from the fundamental rights of the accused to appear in person, but many, given the choice, might prefer to appear by video conference. This, incidentally, could reduce their legal fees since their lawyer would not have to be with them at the courthouse waiting for their case to be called.
One thing that concerns me with these reforms is the issue of fairness. I am not sure how the government can address that. Appearing by video in court proceedings requires access to technology that, at this point, is not available to every Canadian. Not everyone has the financial resources to own a computer. Not everyone has high-speed Internet access available to them. Certainly, the government does not have the resources to provide that.
At the same time, I recognize that there are other different burdens that come with having to make a court appearance in person that could bring with it the expense and hardship of travel. I am not certain how we can provide equal access to the justice system for all Canadians, but I know we have to try to keep improving the system until we get it right.
One area where I have serious concerns is the proposal in the bill that would allow the jury selection process to be done by video conference in some circumstances. While this would certainly make it less onerous for prospective jurors to take part in the selection process from their home or workplace, it does raise some privacy concerns. While technology makes remote appearances possible, technology could also be used to subvert the process, not to mention the right of an accused to see those who are to pass judgment on his or her case.
In Canada, an accused has a right to be tried by a jury of his or her peers, but there are times when, for security reasons, the jurors are anonymous. With the availability of facial recognition software, it is easy to imagine that prospective jurors appearing by video conference could be easily identified. This could leave them open to harassment or attempts to influence a jury's decision. That may sound unlikely, but if we are concerned for the administration of justice, it must be considered. Has the government considered how to deal with this issue?
This bill is not perfect, but neither is our justice system. The question we as parliamentarians must ask ourselves is this: Does the legislation make positive improvements to the administration of justice in our country, even if it is not perfect? If so, then we should probably support it.
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