Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator, for this important question.

Naturally, the act provided for a study. We have started the process for this parliamentary study with a former deputy minister who will look into several issues, including the one you raised, medical cannabis, and the potential circumvention of the regulations for other purposes.

He will be addressing that issue and investigating it. We are awaiting his report. I can tell you that I will examine and read this report carefully to find the answer to that question.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. What I can commit to is moving forward with the perspective that you just mentioned. As I said in another answer today, we have already taken steps to better educate new judges. Rona Ambrose introduced a bill to that effect that I strongly supported in both houses. It should help to better educate judges.

We have made changes to the legislation itself to build a better framework for sexual assault laws. That needs to continue. We are trying to incorporate the perspectives of women and other individuals who are marginalized by the justice system. Obviously, we are committed to continuing to make changes that will improve the justice system.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you for that question, senator, and I share the place from which that question comes.

As a government, we have committed to implementing the Calls to Action of the TRC. You have cited one of them. That one will require, in particular, work with the Minister of Health as we move forward, as well as cooperation with the provinces, which administer the criminal justice system across Canada as part of their constitutional responsibilities.

But I commit to being an active participant in the implementation of that as we move forward.

I will be honest that, for the time being, my goal is to get Bill C-5 over the finish line, which also responds to a TRC Call to Action regarding the overrepresentation of Indigenous people in the criminal justice system, to take one measure.

There are other measures that need to be taken, and I strongly feel that the question of fetal alcohol spectrum disorder will also be something that comes up both in the context of our elaboration of an Indigenous justice strategy and a Black justice strategy, and then in concert with the Minister of Health we can move forward.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. As you will recall from my previous exchange, one of the main reasons is because we have more places to fill. We have created 116 new judicial positions since 2017. We created 27 in the last budget, plus 2 prothonotary positions.

We are working hard, and the JACs are working hard. We replace and replenish the JACs every couple of years, as is provided for in the system. We do that diligently. I appoint judges at a pretty rigorous and even pace, and we do that after a consultation process. I think you will hear positive feedback from across Canada with respect to the judges we’ve appointed.

I work hard with the bar associations across Canada and with other legal groups to encourage people to apply and to encourage people to apply to the JACs when those positions become open. The results speak for themselves: Since 2016, 55% of our appointments have been women, 12% have been visible minorities, 6% identify as LGBTQ2+ and 4% are Indigenous. Of them, 32% are functionally bilingual and another 13% can read in both languages. That’s more than some in our house.

The system is working well. We’ve built trust in the system, not only with judges but also with members of the communities that we’re targeting.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. That’s an important question, and one that has often been lost in the debate on Bill C-5.

We have undertaken the development of an Indigenous justice strategy. Again, this process has been launched, if you will, and much of it will be determined and shaped by Indigenous peoples across Canada. That process is moving. We’ve also launched the development of a Black justice strategy, in which we will be working with experts and community leadership groups across Canada in order to address the root causes that you have cited.

For Indigenous people, we have funded greater investments in Gladue reports on sentencing — the pre-sentencing reports — to get better coverage and better quality across Canada for Gladue reports. With respect to Black and racialized peoples, we have also begun the pilot project: Impact of Race and Culture Assessments, or IRCAs. These function like Gladue reports. It is an idea that originated in Nova Scotia but was seized upon by experts in Toronto, so those are the two jurisdictions where the pilot project is beginning.

In the meantime — until we elaborate upon those larger strategies with the collaboration and consultation of those communities in question — we are looking at other measures to try to help address the root causes of overincarceration and try to weed out systemic discrimination.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: I read that report and I share your concern, and it is something that I will raise in the appropriate channels.

I can say that within the justice department we are moving in the right direction both in terms of — on the Attorney General side — implementing the litigation directive that my predecessor, the Honourable Jody Wilson-Raybould, brought in and with respect to the policies that we develop at the justice level.

For example, with UNDRIP we have created a secretariat, and I can say that there is real enthusiasm within that secretariat — not to put it too bluntly — to right the wrongs of the past. I’m hoping that’s something we can expand across government.

I agree. I read the report. I was concerned in the same way that you’re concerned, and I will do my best to help change that.

[Translation]

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. I would have to get you the exact number but there were eight recommendations. I believe we’re at seven. Certainly, we took that work to heart immediately. I can say that as Minister of Justice and Attorney General, I had internalized — I wasn’t consulted for that report, for good reason, but former Minister McLellan did a great job consulting all of my predecessors.

I think I had internalized the kinds of things that she had recommended in that report moving forward. Regarding the things that haven’t been done — changing the name — we have already segregated work in the department, but in some cases it is literally the name plate change. We can come back with a more fulsome answer, but in spirit we’re following that report already, and in practice most of the recommendations have been implemented.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you for the question, senator. It is true — and frankly, it’s the only thing that is true in your question — that there are 89 judicial vacancies.

What’s important to note is that since 2017, we have created, as a government, 116 new judicial positions across Canada, including — and this is included in this number — 27 in the last budget. In fact, we’re appointing judges at a faster pace, and there will be more appointments forthcoming soon.

I can say that with the additional positions that we have created, the provinces and provincial courts are happy that we have done this. They are extremely pleased with both the quality and the diversity of the appointments that we have made, and we will continue to do so. We have appointed, as a government, over 550 judges since we took office, and I proceed at a pace of over 100 a year. That pace will continue, and with the new positions we have created, we will continue to meet the needs of the Canadian judiciary.

[Translation]

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: You are fortunate to be able to ask a second question. That is the responsibility of my colleague, Mr. Mendicino, Minister of Public Safety. I know that he is working with his Quebec counterpart, Minister Guilbault. We have invested heavily on that file and we are working very closely with Quebec, whether on border issues, strengthening the capacity of police forces with anti-gang programs or other matters.

So there is both cooperation and investment in this file, with most of the investment coming from the federal and Quebec governments. Often we do not take credit in Quebec’s public space for the federal government’s investments, but we are making those investments and we do clearly see the problem. As I was telling Senator Housakos, I am from Montreal. I am a Montrealer, and I am aware of the challenge. We will continue to work with Quebec to protect our citizens.

[English]

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. Sometimes appearances don’t reflect the reality of the situation. Filling that position was a priority. For reasons of privacy, sometimes things happen that get in the way. That office remained open throughout the whole time. The office was being run by an acting director. We now have an ombudsperson for that role, and the person we have selected is very good. But I can say with complete honesty that we did our best to fill that position from day one. Now it’s filled, and we’ll continue to move forward.

I would also point out that no government has invested as much in victims — and supporting victims — as we have. No government has invested as much political capital in supporting victims, in changing laws, in better training judges, in supporting organizations that support victims and in doing something like Bill C-5. Bill C-5 will help victims because it will declog the criminal justice system from cases that have caused rulings to be thrown out because of the Jordan case.

Over a third of the Charter challenges in our criminal justice system are challenging mandatory minimum penalties — many of which are the ones we have cited in this act that are clogging up the criminal justice system. So who will be primarily helped by making the criminal justice system more effective and efficient? Victims.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. I share that concern. It’s an important question. I have worked very hard as the Minister of Justice to get more resources for legal aid funding across Canada and to be able to implement more permanent funding as we move forward. It’s a constant battle, but I’m fighting it. I’m also working with my provincial counterparts — because the administration of justice is a provincial jurisdiction — to create a funding allocation mechanism that is not only fairer but also more permanent.

By working with my colleagues, I do hope to get the funding to that point, as well as have a more stable funding path moving forward. Again, usually the federal contribution, at a base, covers criminal law matters, as well as immigration and refugee matters, with the provinces usually funding civil law matters to the extent they wish. Again, we are working at it. I can assure you that work is being undertaken at both the ministerial and the officials level, and hopefully we’ll get to a better place soon.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. That is a very important question.

First of all, the offences targeted are offences for which Indigenous peoples, racialized individuals and members of the Black community are overrepresented. Whenever possible, we have chosen offences that disproportionately affect those communities. Those are the offences being targeted here.

At the same time, we want to build trust in the system. After more than 10 years of tough-on-crime rhetoric from the Harper government and its strategy that was a complete failure, a certain segment of the population still needs to be convinced. By passing this legislation, we will build trust, because the sky is not going to fall, and Indigenous people and members of the Black community will be less disproportionately affected in our justice system. This will help resolve the situation in the justice system, to some extent.

That’s where we are right now.

Third, if we want to tackle the root causes of systemic racism, why should we give judges who look like you or me additional discretion? It would be better not to give —

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you. That is an important question. I think everyone in this room shares the sentiments you have brought forward.

We strongly condemn the actions of the Iranian government. We strongly condemn the actions of the IRGC and the impacts it has had, not just on Iranians and particularly Iranian women, but on Canadians as well with the downing of PS752.

As a government, we are looking at that situation. We have condemned all of those actions in the strongest possible terms, and we are keeping all of our options open as we study how best to move forward.

I can assure Canadians, Iranian-Canadians and Iranians, as well as all of you, that we are united in the sentiment of condemnation of the government and of that group. We will continue to use every means at our disposal in order to fight that.

Hon. David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada: Thank you, senator. That’s a good question. I felt that the consultation process for UNDRIP was a good process, and even a very good process. There were some voices who felt that they hadn’t been heard, although we did our best.

The main thing we have done — and I say “we” in a collaborative way — to ensure a better process this time around is to put much of the responsibility and the mechanics of the consultation process on the Indigenous leadership groups themselves. We have provided support. We have provided funding. A number of leadership structures across Canada — because it is completely asymmetrical, particularly with the Assembly of First Nations, or First Nations. It is a completely asymmetrical picture when it comes to consultation, and so we are working in collaboration with a number of different groups at a number of different levels, as I’ve mentioned before — nations, regions, national groups, treaties, modern treaties, no treaties, et cetera — and we’ve put much of the consultation and the leadership for that consultation in the hands of Indigenous peoples such that it is a truly collaborative process.

On the Department of Justice side, we have created a secretariat that is dedicated to working with and collaborating with and trying to fill in any gaps that might exist, and I think the process is moving very well. It is an intense process, but I do think this will get us to an action plan in a better —