44th Parl. 1st Sess.
June 06, 2024
- This bill establishes an independent body called the Miscarriage of Justice Review Commission that replaces the review process in the Criminal Code for finding and verdicts on the grounds of miscarriage of justice. The Commission is given powers of investigation and may direct a new trial or hearing or refer a matter to the court of appeal if it has reasonable grounds to conclude that a miscarriage of justice may have occurred. The Commission is also authorized to provide supports to applicants in need and to provide the public with information about its mandate and miscarriages of justice. Lastly, the bill requires the Commission to make and publish policies and to present and publish annual reports that include demographic and performance measurement data.
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Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to report stage and third reading of Bill C‑40, an act to amend the Criminal Code, to make consequential amendments to other acts and to repeal a regulation (miscarriage of justice reviews).
Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stages of the bill.
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Madam Speaker, I apologize to my friend. I do not speak French very well, so it is hard for me to express myself on this issue. I will therefore speak in English. I am sorry.
The importance of the French language is vital. The riding of Edmonton Strathcona, which I am so happy to represent, has the French Quarter in it. In fact, 20% of our population identify as francophone in our communities.
When I spoke today of Bill C-40, one of the things I addressed is that there is a disproportionate impact on indigenous women. For me, it is important that every Canadian, whether they are francophone, indigenous or whatever region of the country they are from, is able to be represented adequately. I would need to ensure that there were services available in both official languages.
I would also want to make sure that all of those people who are on the commission adequately represent the population of Canada, particularly those who are marginalized and who are deeply impacted by our criminal justice system.
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Madam Speaker, I appreciate my colleague from Edmonton Strathcona so much. We work together on several files involving international injustices and human rights. We work together amazingly well.
Now, however, we may have a disagreement over Bill C‑40. As we have mentioned throughout this debate this evening, we were very disappointed with the way the NDP members voted on a Bloc Québécois amendment that simply called for the commissioners of this future commission to be proficient in English and French, the two official languages.
Since we have spent all evening talking about justice, equity and equality, does my colleague not believe that, unfortunately, there may be an injustice when some francophones apply to this commission to defend their rights and are faced with commissioners who do not speak their language?
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Madam Speaker, I rise this evening to speak in support of Bill C-40, an act to amend the Criminal Code. This miscarriage of justice bill represents a critical step in our ongoing efforts to reform the criminal justice system and to address the systemic inequities that have long plagued it, particularly for indigenous people, racialized communities and marginalized Canadians.
For the better part of a decade, the New Democrats have called for the establishment of an independent commission to investigate wrongful convictions. In late 2021, we supported expediting Bill C-5 in return for the Liberals' promise to create this commission, which Bill C-40 finally delivers on. Justice delayed is justice denied, so we must act swiftly to ensure that those who are wrongfully convicted have a pathway to justice free from the delays and limitations of the current system.
The current process, where the Minister of Justice reviews applications for miscarriages of justice, has proven inadequate. Each year, dozens of applications are filed, yet only a handful proceed to investigation. Bill C-40 would address this by shifting the review power to an independent miscarriage of justice review commission, which would have the authority to direct new trials or hearings, or refer matters to a court of appeal. This independent body would not be an alternative to the criminal justice system, but an essential adjunct that would create a fair and impartial review process.
The commission would consist of a chief commissioner and four to eight other commissioners appointed to reflect the diversity of Canadian society, considering gender equality and the overrepresentation of indigenous and Black persons in the criminal justice system. This diverse composition is crucial for building a commission that understands the unique challenges faced by marginalized communities.
Indigenous women in particular have disproportionately suffered miscarriages of justice. They are often charged, prosecuted, convicted and imprisoned due to systemic failures within the criminal justice system and the broader societal failure to protect them from racism, sexism and violence. According to the Senate report on the injustices experienced by indigenous women, expert witnesses have repeatedly highlighted these systemic issues. Bill C-40 is a necessary step toward addressing these deeply rooted injustices.
New Democrats worked tirelessly to improve Bill C-40 at the committee stage. We supported amendments that would ensure applicants can apply to the commission without having to receive a verdict from a court of appeal or the Supreme Court of Canada. This would remove a significant barrier for those who are wrongfully convicted but lacking the resources to continue lengthy legal battles. We also proposed amendments to empower the commission to make recommendations addressing systemic issues that lead to miscarriages of justice. This proactive approach can help prevent future injustices. Additionally, we ensured that Correctional Service Canada and the Parole Board of Canada would be informed of the importance of not obstructing applicants from accessing programs and services due to their review applications.
It is important to note that the last significant reform to Canada's conviction review process was in 2002. Since then, we have seen the establishment of similar independent commissions in the U.K. and New Zealand, demonstrating the efficacy of such bodies in addressing wrongful convictions. Canada must follow suit and ensure timely justice for those who are wrongly convicted.
Bill C-40 has received support from various stakeholders, including the Canadian Association of Elizabeth Fry Societies, the University of British Columbia's innocence project, and Innocence Canada. These organizations, along with experts like Dr. Kathryn Campbell from the University of Ottawa, have been instrumental in advocating for this crucial reform.
While we commend the Liberals for bringing this bill forward, it is long overdue. The delays in tabling and debating this bill are unjustifiable, particularly given the urgency of addressing wrongful convictions. Many individuals continue to serve lengthy sentences due to miscarriages of justice, and every day of delay is a day too long for them.
The Conservatives have obstructed this process at every turn with filibusters and threats of further delays. We urge all parties to put aside partisan differences and work together to ensure the swift passage of Bill C-40. Time is of the essence, and we must ensure that this bill receives royal assent before the summer parliamentary recess.
Bill C-40 offers a long overdue pathway for those wrongfully convicted to seek justice. It represents a significant step in addressing the historic and systematic injustices within our criminal justice system. New Democrats are in support of this bill and call on all members of the House to do the same. Let us move forward with a shared commitment to justice, equity and the rule of law.
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Madam Speaker, I rise in the House today to speak to a very important topic. I am referring to the creation of an independent commission to review miscarriages of justice under Bill C‑40. The bill is concrete and positive, a fact that deserves mention, considering it is not always a Liberal Party specialty. That is a rare occurrence indeed, as we know.
In 2021, the Minister of Justice commissioned a report on the current criminal conviction system. The findings of this report showed that awareness about the danger of wrongful convictions has increased in Canada and the world. None of the many people consulted for this report opposed the creation of a new independent body at arm's length from the government to replace the federal Minister of Justice in hearing applications for remedies for wrongful convictions.
This bill demonstrates a willingness to ensure that decisions about people who have been convicted are more independent and to strengthen public confidence in institutions. The reform proposed by Bill C‑40 is a very good initiative, and the Bloc Québécois believes that creating this commission will have several positive effects.
First of all, it will allow for greater independence between the legal and political branches. The bill takes the discretion away from the justice minister and gives it to the commission. This is a step in the right direction, although it comes a little late, given that the Liberal government waited until after the media had reported on shocking cases of prisoners waiting months, even years, to have a miscarriage of justice reviewed. In the United Kingdom, for example, this system of having an independent commission review miscarriages of justice was set up 25 years ago. We are 25 years behind. This is not exactly a reason to pat ourselves on the back and break out the champagne.
This independence was called into question by the recent revelations about former justice minister David Lametti, reinforcing the need for the power to order a new trial to be taken out of the hands of ministers and given to an independent body, specifically the new miscarriage of justice review commission.
Let me refresh my colleagues' memories. The former justice minister ordered a new trial in the case of Justice Delisle, contrary to the recommendations of the Criminal Conviction Review Group, which said that no miscarriage of justice had occurred. This finding was also corroborated by Quebec's director of criminal and penal prosecutions.
This decision also came as a surprise to Quebec's director of criminal and penal prosecutions, Patrick Michel, who suspects that the minister's use of power was arbitrary rather than discretionary. To add insult to injury, the sponsor of this bill is none other than the former minister of justice and former member for LaSalle—Émard—Verdun, which proves the importance of the bill's existence because of his actions.
The Bloc Québécois would like to mention that the passage of Bill C-40 will not do anything to change its desire to investigate this matter at the Standing Committee on Justice and Human Rights. This is about maintaining the public's confidence in our justice system. Favouritism has no place in our courts.
Since Bill C‑40 seeks to take away the minister's power to order a new trial and instead give that power to commissioners, we think that decisions like the one made by former minister Lametti will not happen again and that this will help increase the public's confidence in the justice system.
The bill will also guarantee everyone access to the commission and a referral to legal services so that everyone, particularly the most vulnerable, will have true access to justice. The history of our courts and the recent revelations regarding the former justice minister remind us that we need to improve the judicial review process. Once again, this is about the public's confidence in our courts and our justice system.
Let us remember that this bill is named after the late David Milgaard. The Milgaard case is important because it reminds us that our courts, like any institution, are sometimes fallible. We need mechanisms to ensure that, when mistakes are made, they can be corrected. Just as a reminder, Milgaard was a young man who was convicted and sentenced to 23 years in prison for the murder of Gail Miller, a crime he never committed.
Because Milgaard and his mother, Joyce, defended David's innocence so tirelessly, we now understand the need for a judicial review mechanism. It is thanks to their campaign and the efforts of people like Donald Marshall, Guy Paul Morin, Thomas Sophonow and James Driskell that we are now working to improve our justice system. Every one of their stories is one more reason motivating us to create this commission. We thank them for fighting for a better justice system.
Finally, even though the Bloc Québécois is voting in favour of the bill, we must point out the hypocrisy of the Liberals and the NDP when it comes to the French language. My colleague, the member for Rivière-du-Nord, moved an amendment during clause-by-clause review of the bill to require the commissioners who are appointed to be fluent in both official languages. That was too much to ask. For the Liberals, the Conservatives and the NDP, the official languages are good for speeches and campaign days, but within the Canadian government, the Canadian public service or our courts, they are optional.
The NDP boast about defending the idea of bilingual judges since 2008, but they rejected the idea of requiring the commissioners heading this independent commission to be bilingual, and they voted against their convictions. The Liberals boast about being the first government to recognize the decline in French, but they voted against the idea of bilingual judges. We saw the same thing happen with the appointment of the unilingual anglophone Lieutenant Governor of New Brunswick, which is the only bilingual province in Canada. That is not to mention the appointment of the Governor General, who does not speak a word of French. To be fair, she knows how to say “bonjour”, and I think her French has improved. Now she knows how to say, “Comment ça va?”
Anyone who believes that the Liberals are making French a priority must be dreaming. Quebec's motto, however, is Je me souviens, which means “I remember”. On some level, it came as no surprise to see the Conservatives' contempt for French. After all, this was the party that once appointed a unilingual anglophone auditor general and unilingual anglophone Supreme Court judges. What comes next remains to be seen.
Although this great party claims to be a champion of French, once again, it does not walk the talk. That is what we call geography-dependent bilingualism. It adjusts to voter opinion like a weather vane adjusts to the wind. Moments like this reveal, or perhaps remind us, how incidental the French language is in Canada and how utopian it is to believe that the two official languages could ever truly be equal. If anyone is unfamiliar with the word “utopian”, I encourage them to look up the definition in the dictionary.
Although we are choosing to support this bill, I feel compelled to point out once again the hypocrisy of certain parties and members when it comes to defending and supporting the French language. It is interesting when the government repeats over and over, on the campaign trail, in the Speech from the Throne and in the House of Commons, that it is the first party to recognize the decline of French, but—surprise, surprise—it will not be the last to worsen that decline.
In closing, I hope this bill will be passed for all the reasons I outlined throughout my speech. It will foster greater public confidence in our justice system, greater independence in our justice system and, above all, greater access to justice. I also hope that, once the bill is passed, the government will make an effort to appoint commissioners who are proficient in both official languages. Why not do more to ensure that francophones have the same access to justice as anglophones? That is what substantive equality should be all about. It is not just a matter of obtaining services in French on a part-time basis. It is also about access to services in both official languages in Canada's justice system.
I can assure the House that we will take a closer look at this and make sure that this genuine concern is heard.
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Madam Speaker. I am very pleased to speak tonight to Bill C-40 , the miscarriage of justice review commission act, David and Joyce Milgaard's law. This legislation would transform the process for identifying and remedying wrongful convictions in Canada. This change is overdue and would be a monumental improvement to justice in our country.
As a member of the Standing Committee on Justice and Human Rights, I participated in a study of Bill C-40. We heard from numerous witnesses, including the minister and his officials. We also heard from retired justice Harry LaForme and Professor Kent Roach, who were instrumental in the public consultation process that preceded the development of this legislation.
We heard from James Lockyer, a founding member of Innocence Canada, which has been at the forefront of the issue of wrongful convictions for over 30 years. Mr. Lockyer was also involved in David Milgaard's infamous case, and he is the namesake of this legislation. After being released from prison, where he served 23 years for a murder he did not commit, David Milgaard dedicated his life to advocating for legal reforms to make the miscarriage of justice review process more fair, open and efficient. I hope to do right by David Milgaard, as well as his mother and fierce advocate, Joyce Milgaard, and their family and get this legislation passed promptly.
I also want to take a moment to express my sincere thanks to the former minister of justice, the Hon. David Lametti. He demonstrated extraordinary dedication to the issue of wrongful convictions and was a fierce advocate for the creation of an independent commission in Canada. This bill is a testament to his hard work and careful consideration. Our justice system will be better for David's commitment to this cause, and I thank him.
Unfortunately, this critical legislation has faced opposition at every turn from the Conservative members. At the committee, the Conservative members filibustered for over 30 hours. This delay meant that the valuable work of our committee ground to a halt. It was also a slap in the face to everyone in Canada who is suffering because of a potential miscarriage of justice. Rather than do good work and change our justice system for the better, Conservatives decided to stall and play games.
At the start of this current parliamentary stage, Conservatives put on notice amendments to delete every single clause in the bill. This was a ridiculous attempt to slow down the work we do as parliamentarians, to the detriment of all of our constituents. It is also, once again, offensive to the people who are waiting desperately for access to justice. Playing games with people's freedom and their lives is beneath all of us. I am very disappointed to have seen the Conservatives' total disregard for this important work.
I would now like to speak to the importance of this legislation and the amendments made at committee. The idea of establishing an independent miscarriage of justice review commission has been recommended in several commissions of inquiry reports in Canada, including in the case of Donald Marshall, Jr. in 1989; Guy Paul Morin in 1998; Thomas Sophonow in 2001; James Driskell in 2008; and David Milgaard in 2008.
Similar independent commissions have been established elsewhere in the world. We are not the first to reach this important step. In 1997, a commission was created for England, Wales and Northern Ireland. Scotland created its commission in 1997. The State of North Carolina established a commission in 2006, and New Zealand created theirs in 2020.
At the justice and human rights committee, we had the benefit of hearing from lawyers who worked in the commissions in North Carolina, and in England, Wales and Northern Ireland. It was very helpful to hear from them, given the years of experience their commissions have had in this area. It was particularly helpful to hear that the commission in England, Wales and Northern Ireland allows, in exceptional cases, applications from people who did not seek appeal.
The witnesses mentioned at committee that the mental health and marginalization of an applicant are issues they consider in admitting applications in such cases. They also consider whether the nature of the miscarriage of justice is something that requires an investigation using the commission's special powers to access evidence. A witness also highlighted that one in three of the referrals for new appeals made by the commission in the U.K. is a case that was not appealed. Therefore, a significant proportion of the claims the commissions consider to be worth pursuing are of convictions that were never appealed. This information motivated the committee to amend the bill to provide greater flexibility for our commission.
As amended, the commission would allow applications in respect of cases that were not appealed, but only in exceptional cases. I am pleased that the committee made this important improvement to the legislation. The vast majority, if not all, of the witnesses who appeared in the committee agreed with this important discretionary element, including The Canadian Bar Association, the Criminal Lawyers Association, the dean of law at the University of Sherbrooke, and the Innocence projects in Quebec, at the University of British Columbia and at the University of Ottawa.
Several witnesses also raised the importance of preventing miscarriages of justice and the commission's role in addressing systemic issues. When he appeared before the committee, the minister explained that there were many proactive elements included elsewhere in the bill. Nonetheless, there was interest among committee members to include a specific power in the commission's mandate provision to address systemic causes of wrongful convictions.
Bill C-40 has, therefore, been amended to allow the commission to make recommendations to address systemic issues that may lead to miscarriages of justice. These recommendations will be directed toward relevant public bodies, including the Law Commission of Canada; federal departments and agencies; federal, provincial and territorial working groups; and parliamentary committees. The member for Esquimalt—Saanich—Sooke proposed that amendment, and I would like to thank him for that. He has supported this bill, as always, and has been a strong advocate for improving our justice system. This member also proposed the bill's final amendment.
We heard at committee that people who profess their innocence may face challenges before, during and after they seek a review of their case as a potential miscarriage of justice. To reduce stigma and exclusion to programs, while they continue to serve their sentences, the bill now provides that the commission will be able to raise with Correctional Service Canada and the Parole Board of Canada the importance of not excluding applicants to their programs as a result of them having made an application for review on the grounds of miscarriage of justice.
Bill C-40 is very important legislation that is widely supported by external stakeholders and by many members of the House. Many people have been waiting for decades to have an independent miscarriage of justice review commission and for the review process to be more transparent and efficient. I hope that we can pass this legislation at third reading as quickly as possible so that it can be referred to the other place and can continue to make progress through both Houses toward royal assent.
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moved:
Motion No. 1
That Bill C-40 be amended by deleting the short title.
Motion No. 2
That Bill C-40 be amended by deleting Clause 2.
Motion No. 3
That Bill C-40 be amended by deleting Clause 3.
Motion No. 4
That Bill C-40 be amended by deleting Clause 4.
Motion No. 5
That Bill C-40 be amended by deleting Clause 5.
Motion No. 6
That Bill C-40 be amended by deleting Clause 6.
Motion No. 7
That Bill C-40 be amended by deleting Clause 7.
Motion No. 8
That Bill C-40 be amended by deleting Clause 8.
Motion No. 9
That Bill C-40 be amended by deleting Clause 9.
Motion No. 10
That Bill C-40 be amended by deleting Clause 10.
Motion No. 11
That Bill C-40 be amended by deleting Clause 11.
Motion No. 12
That Bill C-40 be amended by deleting Clause 12.
Motion No. 13
That Bill C-40 be amended by deleting Clause 13.
Motion No. 14
That Bill C-40 be amended by deleting Clause 14.
Motion No. 15
That Bill C-40 be amended by deleting Clause 15.
Motion No. 16
That Bill C-40 be amended by deleting Clause 16.
Motion No. 17
That Bill C-40 be amended by deleting Clause 17.
Motion No. 18
That Bill C-40 be amended by deleting Clause 18.
Motion No. 19
That Bill C-40 be amended by deleting Clause 19.
Motion No. 20
That Bill C-40 be amended by deleting Clause 20.
He said: Mr. Speaker. I am pleased to rise to speak about Bill C-40, the miscarriage of justice review commission act, at report stage.
Public confidence in our criminal justice system is central to a functioning democracy, to a free and democratic society. We must have confidence that our courts get it right if not all the time then at least most of the time. We do not want innocent people in jail. We do not want guilty people on our streets. However, we do not always get it right, as in the David Milgaard case.
Mr. Milgaard was wrongfully convicted of a murder that he did not commit and spent 23 years in jail, consistently maintaining his innocence. His case went through the whole process, from trial to the Saskatchewan Court of Appeal to the Supreme Court of Canada, and he was guilty at every stage.
He stayed in jail for 23 years, but David and his mother Joyce never gave up faith. Finally, after two decades, there was a breakthrough made possible by advances in DNA forensic technology, which pointed to another man who had been known to the police all along. With all the appeals used up, there was still one more course of action, and that was an application to the minister of justice under the criminal conviction review rules. She read the Milgaard file and, with the new evidence available, ordered a new trial.
By then, the Saskatchewan prosecution office realized that they had the wrong man and David Milgaard was allowed to go free. It was a serious miscarriage of justice, and it was appropriate that we named the bill after David and Joyce Milgaard. We could have named the bill after any other number of wrongfully convicted men: Donald Marshall Jr., Guy Paul Morin, Steven Truscott or Thomas Sophonow, just to name a few. Our courts do not always get it right and that is why we need a criminal conviction review process.
The Milgaard case showed us the flaws in our system. Why should the last appeal be to an elected official? Would Milgaard have seen justice sooner if the process had not been political and if the Criminal Conviction Review Group was better resourced with finances and investigative powers? The answer, I think, is probably.
These are the questions that Bill C-40 seeks to answer and the flaws that it seeks to correct. I spoke in favour of the bill at second reading, and the Conservative caucus voted to send it to committee. We saw some of what we thought were drafting errors, but we felt confident that with our reasoned arguments, we would convince the other committee members to make these few changes. We were wrong. We got some changes, all right, but not for the better. Coming out of committee, Bill C-40 is worse than it was when it went in, in my opinion.
Let me explain. The main point of disagreement is about the threshold for opening a review. How hard should it be for a convicted person who maintains their innocence to get in front of the miscarriage of justice review commission to convince it to open up a case for a new trial? Currently, with the existing legislation, that person must convince the group working in the AG's office that “there is a reasonable basis to conclude that a miscarriage of justice likely occurred”. I underline “likely occurred”. Milgaard met that threshold easily with new forensic evidence. What was key was the “new matters of significance” language of the Criminal Conviction Review Group.
Conservative MPs support maintaining the existing “likely occurred” language. We argued to maintain it, but the other committee members insisted on a lower “may have occurred” language, clearly a much lower hurdle to overcome. We fear that, with a lower threshold, we will have a flood of applications for review.
We are supported in that concern. One of the witnesses in the Bill C-40 study at committee was John Curtis from the United Kingdom review commission. This review commission, which has been around for about 20 years, uses the language of “a real possibility” that there has been a miscarriage of justice. Clearly that is a much higher threshold than what is being proposed in the current form of Bill C-40. Mr. Curtis pointed us to a body of jurisprudence in the United Kingdom that has arisen out of its legislation. I have read many of those cases, because I take this very seriously, and I form the opinion that they got it right.
The Milgaard case would have met the test, and so would all the other Canadian cases that I had read. Therefore, we propose sticking with the current wording of “likely occurred” or accepting the United Kingdom's wording of “real possibility” and benefiting from its 20 years of jurisprudence.
Why would we change the words to a lower standard? I would suggest that Parliament is sending a clear message to criminal defence lawyers and to judges that we intend to make things easier for convicted criminals to get their cases opened again. If I were acting for a person who maintained their innocence and wanted to get a review, I would argue, “Well, clearly, Parliament intended something different”. Why reject the old language and adopt new language? Certainly, something new is intended. Certainly, it was the intent of Parliament to lower the standard of review and not accept the U.K. language either, because that possibility is open.
This is typical Liberal overreach. Why not change the things that are actually broken in our system, take the politics out of the equation, fund the commission properly and give the commission broader legislative power? We agree with all those initiatives, just not lowering the threshold. That part is not broken. That has actually been functioning well. To suggest otherwise tells the public that we do not actually have confidence in our courts to get it right most of the time.
However, there is another problem with Bill C-40 after committee. If the bill passes in its present form, a person convicted at trial does not even have to exhaust the regular appeal process before applying for a review before the commission. If one does not like the trial court's findings, one need not bother appealing but can go straight to the review commission, with its investigative powers. It is cheaper than getting one's lawyer to take it through the court of appeal.
We say to stick with the current requirement that an applicant must first exhaust all the available tools in the regular court system through all the appeals that are available. Yes, we need a review commission, and the Milgaard case showed us that; however, a review after conviction must remain an extraordinary remedy. To say otherwise would further undermine the confidence that the public has in our court system.
With these significant flaws, the unnecessary lowering of the review threshold and the ability to sidestep the regular appeal process, we cannot support Bill C-40 in its current form.
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Mr. Speaker, there is indeed a secret in the House, and that is the Conservative Party's true intentions when it comes to cuts. “Chop, chop, chop,” as my colleague from Gaspésie—Les Îles-de-la-Madeleine so aptly puts it. That party wants to cut social programs and the programs that are so dear to Quebeckers and Canadians: women's rights, the right to abortion, the right to contraception. The Conservatives want to scrap our government's dental care and pharmacare plans. The secret is the Conservative Party's hidden agenda, which will do great harm to all Canadians.
With our government's usual transparency, this evening we will proceed to report stage consideration of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments, and Bill C-40, an act to amend the Criminal Code, to make consequential amendments to other acts and to repeal a regulation regarding miscarriage of justice reviews, also known as David and Joyce Milgaard's law.
Tomorrow, we will begin second reading of Bill C-63, an act to enact the online harms act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other acts.
I would like to inform the House that next Monday and Thursday shall be allotted days. On Tuesday, we will start report stage of Bill C-69, the budget implementation act. On Wednesday, we will deal with Bill C-70, concerning foreign interference, as per the special order adopted last Thursday. I wish all members and the House staff a good weekend.
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Mr. Speaker, my daily attempts to reach out to opposition members and improve the efficiency of the business of the House are always rebuffed out of hand. The Conservatives would rather filibuster, raise totally fake questions of privilege, and use all sorts of delay tactics in the House to prevent the government from passing measures that are going to help Canadians in their daily lives.
Despite it all, I will continue to reach out to opposition members to make sure that the business of the House takes place efficiently.
This evening, we will deal with report stage of Bill C-64 respecting pharmacare. Tomorrow, we will commence second reading of Bill C-65, the electoral participation act. On Monday, we will call Bill C-64 again, this time at third reading stage.
I would also like to inform the House that next Tuesday and Thursday shall be allotted days. On Wednesday, we will consider second reading of Bill C‑61, an act respecting water, source water, drinking water, wastewater and related infrastructure on first nation lands.
Next week, we will also give priority to Bill C‑20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments, and Bill C‑40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law.
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Mr. Speaker, Mr. Lametti, whom I worked with as parliamentary secretary, did extraordinary work during his more than four years in the position. I can note that the context we are discussing now illustrates the need to completely change the process with Bill C‑40—
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Mr. Speaker, Bill C-40 represents a staggering change in the way we envisage wrongful convictions in this country. It would provide a new mechanism, a review commission, which would have the tools and resources to go out and find the cases. In the same time period, in the U.K., within a 20-year time frame, about 500 cases were unearthed that dealt with wrongful convictions. In the same time period in Canada, 27 cases were found.
I know the member to be a strong advocate of the indigenous community in this country. Among those 27 cases in Canada, five involved Black or indigenous men. Given the severe overrepresentation of Black and indigenous people in our justice system, that is a completely disproportionate statistic that is statistically improbable. Does it mean that, in the U.K., they are wrongfully convicting more people than we are in Canada? No, I think it means that we are not finding the cases here in Canada.
The bill, unfortunately, was obstructed at the justice committee, but it has now finally left the justice committee. Through it, we have the ability to make a fundamental change in how we deal with wrongful convictions in this country, providing the resources and the outreach capability to find the cases and bring innocent men and women to justice in this country, something that is long overdue.
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Madam Chair, one of the limits on access to justice is that many people do not know that there is a wrongful convictions review process in the first place. Often they do not have the resources to apply in the current process. Can the minister please discuss the proactive outreach measures in Bill C-40 to help ensure that those in need can in fact apply?
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Mr. Speaker, I have the honour to present, in both official languages, the 19th report of the Standing Committee on Justice and Human Rights in relation to Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews).
The committee has studied the bill and has decided to report the bill back to the House with amendments.
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Madam Speaker, it is a great pleasure for me to speak to Motion No. 75. It is also a great pleasure to see you back in the chair and to see your smiling face again.
It is only right for us to adopt this motion. There is just one question we should be asking ourselves. Given how long the Polish people and Polish culture have been contributing strength and vitality to our societies, and given that they originated many of the institutions that exist in our society, why has this not been done before? It is never too late to do the right thing, so let us get to it. We will vote in favour of the motion to recognize the outstanding contributions the Polish nation has made to the Canadian and Quebec nations.
As members know, a lot of people in Poland speak French, which creates a special bond between Quebeckers and the Polish people. It draws us closer together. A total of 79,000 people in Quebec, 55,000 of whom were born there, claim Polish ancestry. That is a lot of people, and we share a history, because they have been here for a long time.
I know that sometimes my colleagues in the House get tired of hearing us talk about the history of Quebec and the important milestones, but we talk about it all the time because we know that, deep down, our colleagues really like hearing it. When we talk about the milestones associated with the Quiet Revolution, the Charter of the French Language, and so on, it should be noted that people of Polish descent were there with us. They have been living in Quebec since 1752.
At that time, in 1752, this land was still New France, not Canada. Dominique Debartzch, a fur trader, arrived in 1752. Charles Blaskowitz followed soon after in 1757. These people began contributing to our collective wealth in the New France era. That is amazing.
My colleague also mentioned one of the most remarkable individuals who founded the Polish Institute of Arts and Sciences in Canada, an important institution in Quebec, in 1943. I am talking about Wanda Stachiewicz. Before arriving in Quebec, she was a member of the resistance. I would also point out that she was a mother of three. I would like the members present, and anyone else who is tuning in, especially anyone who is a parent, to take a few seconds to imagine what that might be like. Even those who are not parents can still imagine what it must have been like to be a member of the resistance during the Second World War, while at the same time having three children to care for.
These people left their homeland to come here, not always by choice. We are pleased that they stayed, obviously, but it is important to understand the sacrifice, the burden, and to recognize this value. I do not think I am wrong to say today that the Polish people probably understand the value of independence better than any other people, because they have lost it several times, because it was threatened with violence, with occupation. It takes a lot of resilience to withstand that. I commend them for their strength, their courage and their tenacity. I tip my hat to them and thank them for participating in building a better society here and now.
The people of Poland are such a big part of Quebec culture that they are also part of our literature. I want to mention a famous novel by Arlette Cousture, Ces enfants d'ailleurs, which tells the story of a family who flee their homeland to come live here, near a wide river, in the colourful and inviting city of Montreal. Some of that colour is supplied by the Polish community. At the end of the day, it makes for a beautiful mosaic.
I am very happy to contribute to making May 3 “Polish Constitution Day” and the month of May every year “Polish Heritage Month”.
I willingly promise to participate in the celebrations, and I invite everyone to join in. Obviously, they will commemorate May 3, 1791, the date on which the Polish constitution was adopted, some 20 years after the disgraceful partition of the Polish territory by Russia and Germany. The Polish constitution was inspired by the French Revolution and the Enlightenment, which is based on the values of reason, freedom and the rule of law. I mentioned it earlier, but I want to reiterate that these people really know the meaning of independence.
Of course, at the same time, in Quebec, we were following a very different path. Far be it from me to compare Quebeckers' experience with that of the Polish people. What we experienced was not as intense, but we share a common pursuit of growing, thriving and becoming independent as a nation. I am sure that when that day comes, we will get there with the help of Quebec's Polish community, which will continue to enrich our history and our lives.
We are going to vote in favour of the motion, but there is one small concern. It is about the wording, which I think has a Canadian slant. It refers to the idea of multiculturalism, as if we are drowning in it. Quebec's vision is not in opposition to that, it is just different. Our vision is interculturalism. We know that the people of Poland have contributed plenty of richness to Quebec, and there are aspects that we need to integrate into our values. They are generous and hard-working. We are happy to live alongside them, and I am very grateful to them.
Our respective societies, as Canadians and Quebeckers, who share this Parliament for the time being, are more than happy to celebrate the Polish nation. The Bloc Québécois will be enthusiastically voting in favour of this motion and celebrating the richness of this culture. It is important to recognize other peoples.
Certain members may have been offended by my talk of Quebec's political independence this evening. It bothers some people, but others are used to it. Those of us hoping things might be different someday might have to talk to each other. Just today, in fact, a federal commission was struck pursuant to Bill C‑40, and there is no requirement for its judges to be bilingual. I do not think that should happen in a country with two official languages, French and English, yet it does. I saw it on my news feed, and I could not help but talk about the words of my colleague from Rivière‑du‑Nord, who represents the Bloc Québécois at the Standing Committee on Justice and Human Rights and who spoke out against that.
Anyway, we think celebrating people of Polish origin is absolutely fantastic. We are happy to live with them and grow with them because, now that we live together, we have shared lives, shared experiences. That is how we build a just and equitable society. I also want to comment on their recognition of the principle of independence, which we believe in, too, of course, and we hope for that same experience in a sovereign Quebec.
With the bit of time I have left, I am going to take a risk. I hope, if people can hear me, that they will excuse my accent. Dobry wieczor pozdrawiam i dziekuje.
I will translate what I just said to make sure it was understood. I just said, “Good evening, best regards and thank you”.
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Mr. Speaker, I move that notwithstanding any standing order, special order or usual practice of the House:
(a) on the last allotted day in the supply period ending June 23, 2023, the proceedings on the opposition day motion shall conclude no later than 10:30 p.m., the House shall then proceed to the putting of the question on the motion and then, if required, the taking of any division or divisions necessary to dispose of the motion, and the Speaker shall then put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motions to concur in the Main Estimates for the fiscal year ending March 31, 2024, and to the Supplementary Estimates (A) for the fiscal year ending March 31, 2024, and for the passage at all stages of any bill based on the said estimates;
(b) notices of opposed items in relation to the Main Estimates for the fiscal year ending March 31, 2024, and to the Supplementary Estimates (A) for the fiscal year ending March 31, 2024, listed on the Notice Paper be deemed withdrawn;
(c) the recorded divisions on government legislation currently deferred to the expiry of the time provided for Oral Questions today be deemed further deferred to the conclusion of all proceedings in relation to the estimates tonight;
(d) the motion standing on the Order Paper in the name of the Leader of the Government in the House of Commons related to the appointment of Harriet Solloway as Public Sector Integrity Commissioner pursuant to Standing Order 111.1(2) be deemed moved, a recorded vote be deemed requested and deferred after the recorded division on the motion for third reading of Bill C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts;
(e) in relation to Bill C-9, An Act to amend the Judges Act, the amendment to the motion respecting Senate amendments made to the bill be deemed withdrawn and the motion respecting Senate amendments made to the bill, standing on the Notice Paper, be deemed adopted;
(f) Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations, be deemed read a third time and passed;
(g) Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), be deemed read a second time and referred to the Standing Committee on Justice and Human Rights;
(h) Ways and Means Motion No. 18, notice of which was tabled on June 16, 2023, be deemed concurred in, a bill based thereon standing on the Order Paper in the name of the Minister of Crown-Indigenous Relations, entitled “An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts”, be deemed to have been introduced and read a first time, deemed read a second time and referred to the Standing Committee on Indigenous and Northern Affairs; and
(i) the written questions dated June 20, 2023, standing on the Notice Paper, be deemed to have been transferred to the Order Paper on Wednesday, June 21, 2023, for the purposes of Standing Order 39.
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Mr. Speaker, I thank the hon. member for sharing the stories and narratives from people in her riding. It is very important that we remind ourselves exactly what the impact of obstructionism does in this place.
I have a constituent who constantly texts me about the progress of Bill C-22. It is a bill that I have supported from the beginning. She is living with a disability. She too is waiting for us to get the job done. I have supported the minister proposing that bill in every way I possibly can, formally and informally. It would wipe out a swath of poverty. I am hoping the letter that goes to the Senate will be accepted by the other place so we can put that in place.
I mentioned the example of Glen Assoun a moment ago and Bill C-40, another important bill that I have put forward to correct miscarriages of justice in the Canadian system. They exist; mistakes happen. However, this is a way to correct them more efficiently, more effectively and with greater access. I am sad that Glen Assoun, who worked for this result, did not live to see this bill get through Parliament.
I am hoping that we can eliminate all of these various delays so we can debate, as the member for Mission—Matsqui—Fraser Canyon wants us to do, the substance without all the other tactics that just grind this place to a halt.
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Mr. Speaker, I thank the member for his wise leadership in the House.
I agree with the member's comment. It is not just the dilatory tactics and the wasting of time. It is that the Leader of the Opposition is relishing in that in front of the media, being proud of the fact he is trying to grind Parliament down to a stop to prevent good pieces of legislation from moving forward. These are bills such as this one, Bill C-42, and Bill C-40, which I mentioned an hour ago. Over the last month, we have witnessed, time and time again, the misuse of time, the use of delay tactics and the real negativity these bring to the House of Commons.
We want to move forward with this bill because it is a positive bill for Canadians. We want to move forward with this bill because it would help us fight organized crime, money laundering and terrorist financing, and would give us better principles of corporate governance. We rely on the market to do many things in our country and in our economy. For that market to function properly, we need corporate governance structures that are transparent and that allow proper corporate decisions to be made, for the purposes of not only shareholders but also the Canadian public, to the extent that we allow the market to regulate these kinds of issues.
It is an important bill, and we need to pass it.
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Thank you, Mr. Speaker. As I said, we just heard a point of order with no point. The point of it was simply to delay time. This happens time and time again. We, as a government, need to do this because the majority of people in the House of Commons would like things to go forward.
We saw last week an important second debate on Bill C-40, which would establish a commission to correct wrongful convictions in Canada. It is something long overdue. We saw that delayed by a number of dilatory motions and procedures on the part of the other side. It is sad and it is tragic.
The Deputy Speaker will know, because he is from Nova Scotia, that Glen Assoun of Nova Scotia died without seeing this bill get to second reading. This is precisely why we need to use these kinds of motions. It is to combat the dilatory tactics being used by the other side.
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Mr. Speaker, I am very glad to respond on behalf of the government.
This afternoon we will continue debate on Government Business No. 26, concerning amendments to the Standing Orders. When debate concludes later this evening, we will consider Bill C-35, respecting early learning and child care, followed by Senate amendments to Bill C-9, concerning the Judges Act.
Tomorrow we will consider Bill C-42, respecting the Canada Business Corporations Act, at report stage and third reading, and Bill S-8, respecting sanctions.
The priorities for next week shall include Bill S-8, on sanctions; Senate amendments to Bill C-18, respecting online news; Bill C-40, concerning the miscarriage of justice review commission act, also known as David and Joyce Milgaard's Law; and Bill C-33, which strengthens the port system and railway safety.
Thursday shall be an allotted day.
Finally, I request that the ordinary hour of daily adjournment for the next sitting be 12 midnight, pursuant to order made Tuesday, November 15, 2022.
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All Topics
- C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)
- C-35, An Act respecting early learning and child care in Canada
- C-9, An Act to amend the Judges Act
- C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts
- C-33, An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Mar
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Madam Speaker, I have enjoyed working with my hon. colleague on a number of different things and I want to echo his concerns. I was prepared to debate Bill C-40 today. I think it is very important legislation and something that we really should be discussing at this point.
I also want to go back to some of the discussions the member brought forward with regard to Bill C-41. The member would know that I did not vote in support of this bill for the simple reason that I find that there are some real challenges to this legislation. As much as we were able to work together with members of his party and members of other parties to fix parts of this bill, there are still some really outstanding challenges within the bill that I think make it difficult for civil society organizations and non-profit organizations to work within. It is overly bureaucratic, of course, and has some big challenges on definitions.
One of my big concerns is around the potential for politicization, knowing that a future government could use this legislation to act punitively towards the charitable sector and the international development sector. Does the member have those same concerns? Would he like to comment on that?
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