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Decentralized Democracy

Hon. Arif Virani

  • Member of Parliament
  • Minister of Justice Attorney General of Canada
  • Liberal
  • Parkdale—High Park
  • Ontario
  • Voting Attendance: 64%
  • Expenses Last Quarter: $120,537.19

  • Government Page
  • May/30/24 3:00:43 p.m.
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Mr. Speaker, just to be clear, the bill that the Bloc Québécois tabled today proposes using the notwithstanding clause under section 33 of the Canadian Charter of Rights and Freedoms. The opposition leader opened the floodgates last month when he stated that he would use the notwithstanding clause to trample on the rights and freedoms guaranteed under the charter. Now we see another federal party deciding that the charter is optional. Nevertheless, our government will always protect the rights and freedoms guaranteed under the charter.
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  • May/23/24 10:42:45 p.m.
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Mr. Speaker, with the utmost respect, I want to elaborate on a couple of points. First, when a court, such as the Supreme Court of Canada, renders a decision, the administration of justice and justice actors like myself follow that guidance. That is how the rule of law operates in this country. Second, with respect to statutes, there is a guiding statute, a supreme statute. It is called the Charter of Rights and Freedoms. I know that is sometimes inconvenient for the members opposite, because they want to just trample on it using the notwithstanding clause, but that charter, including in section 11(e), safeguards a right to reasonable bail not to be denied without just cause. These points are perhaps inconvenient for the member asking the questions, and certainly for his leader, but they are not an inconvenience for me or for our government. We stand by them to implement those charter rights and safeguard the rights of all Canadians.
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  • May/23/24 7:29:36 p.m.
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Mr. Speaker, we are the party that invented the Charter of Rights and Freedoms. We created it and passed it into law. We are the party that will always stand by the Charter of Rights and Freedoms, and that includes all charter rights and freedoms. We do not selectively choose some of them. We will defend every Canadian's rights under the charter, and not cavalierly invoke the notwithstanding clause.
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  • May/23/24 7:28:01 p.m.
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Mr. Speaker, Canadians need to understand what the charter protects. It protects freedom of speech, freedom of religion, freedom of association, lawful assembly and Canadians' right to equality. It also protects Canadians' right to be presumed innocent under the law. These are quite fundamental. What I find absolutely cavalier and astonishing is that instead of speculation, we have the Leader of the Opposition, a man who would purport to one day trying to become prime minister, openly declaring that he would use a clause within that document to trample on those charter rights. That is really quite astonishing. First, because it has never been done before at the federal level, and that is for good reason. With the Charter of Rights and Freedoms, we do not get to sort of cherry-pick which rights we are talking about and which rights we would purport to defend. The Leader of the Opposition talked about it in the context of criminal justice reform that he would purport to put in place. Next, the charter deals with protections of things such as women's reproductive rights, Canadians' ability to marry the person they choose and their ability to use pronouns of their choice. These are fundamental rights for Canadians, and they deserve to be protected.
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  • May/23/24 7:09:29 p.m.
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  • Re: Bill C-63 
Mr. Speaker, I find this line of questioning quite fascinating, given that the main charter issue that is at issue in Bill C-63 deals with very sensitive issues about the protection of freedom of speech, which is protected under section 2(b). What I will do is always maintain my oath under the Constitution to uphold the Constitution and people's charter rights. This individual works under a leader who has brandished the idea of using the notwithstanding clause to deprive people of their charter rights. Section 2(b) is subject to the notwithstanding clause. If we are talking about who is actually committed to protecting people's freedoms, including freedom of speech, people on that side of the House should be looking at themselves in the mirror.
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  • May/23/24 3:11:03 p.m.
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Mr. Speaker, the charter protects our right to free expression. It protects our right to worship whom we choose. It protects our right to equality. It protects our right to be presumed innocent. If we stand for freedom, we do not get to cherry-pick which rights and freedoms we defend, but that is exactly what the Leader of the Opposition has said he would do. He has openly declared that he would use the notwithstanding clause to trample on these very charter rights. No federal leader has ever done this in Canadian history. Our government enacted the charter, our government stands by the charter, and we will always defend the charter rights and freedoms of every Canadian.
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  • May/6/24 2:48:25 p.m.
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Mr. Speaker, I will state that our government will stop at nothing to ensure that Canadians' charter-guaranteed rights and freedoms are protected. One cannot claim to care about freedom and then vow to strip certain people's freedoms away when it is politically inconvenient. That is not democracy. The opposition has said that it will start with criminal justice matters, but where will they stop? Will it be with religious rights, abortion rights or the rights of the LGBTQ2 community? Our government will always protect all Canadians' rights. It is a wake-up call that the Leader of the Opposition cannot and will not do the same.
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  • Apr/16/24 2:42:14 p.m.
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Mr. Speaker, we are firmly committed to participating in these important national discussions that have a major impact on all Canadians, discussions about issues affecting our Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. As we have said many times, we have serious concerns about the pre-emptive usage of the notwithstanding clause in section 33 of the charter. The first word should not be the last word in the dialogue between the legislative assemblies and the courts.
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  • Apr/15/24 2:45:12 p.m.
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Mr. Speaker, in the context of Bill 21, as I mentioned, and I will say it again, when this decision is made by the Supreme Court, if the appeal goes that far, we will be there. The Government of Canada will always be there to protect the people of Canada and their rights under the Canadian Charter of Rights and Freedoms. That said, the charter protects equality, freedom of expression and gender equality. We will be there if this goes to the Supreme Court.
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  • Apr/15/24 2:43:57 p.m.
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Mr. Speaker, my answer is the same answer I have given here in the House before. It is the same as the Prime Minister's answer. If Bill 21 reaches the Supreme Court, we will be there, as the Government of Canada, to defend the Canadian Charter of Rights and Freedoms. That said, freedom of speech, freedom of equality and gender equality are important issues. It is important to defend the Canadian charter.
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  • Apr/11/24 2:41:26 p.m.
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Mr. Speaker, as I have mentioned on several occasions, and as the Prime Minister himself has already mentioned, when Bill 21 goes to the Supreme Court, if it goes there, we will be there to intervene to defend the Canadian Charter of Rights and Freedoms and to defend rights like freedom of expression, the right to equality and freedom of religion.
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  • Feb/29/24 2:41:39 p.m.
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Mr. Speaker, as the Prime Minister and I have said, we are firmly committed to defending the rights and freedoms protected under the Canadian Charter of Rights and Freedoms, including the right to freedom of expression and religion and the right to equality. We have also said on a number of occasions that we have serious concerns about the pre-emptive use of the notwithstanding clause. If this case goes to the Supreme Court, our government will be there to intervene.
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  • Feb/29/24 2:40:17 p.m.
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Mr. Speaker, as the Prime Minister and I have already said, our government is committed to defending the rights and freedoms protected under the Canadian Charter of Rights and Freedoms, including the right to freedom of expression and religion and the right to equality. We have also said on a number of occasions that our government has clearly expressed serious concerns about the pre-emptive use of the notwithstanding clause. If this case goes to the Supreme Court, our government will intervene.
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  • Feb/29/24 2:39:09 p.m.
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Mr. Speaker, I would like to point out that our government is firmly committed to defending the rights and freedoms protected by the Canadian Charter of Rights and Freedoms, including the right to freedom of expression and religion and the right to equality. Our government has clearly expressed serious concerns about the pre-emptive use of the notwithstanding clause on a number of occasions as well. If this case goes to the Supreme Court, we will be there to intervene.
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  • Feb/29/24 2:27:22 p.m.
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Mr. Speaker, as the Prime Minister and our government have always said, we will be there to defend the Canadian Charter of Rights and Freedoms. The charter protects freedom of expression, but also freedom of religion and the right to equality. That being said, if this ruling ends up at the Supreme Court of Canada, we will be there to intervene.
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  • Feb/29/24 2:26:18 p.m.
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Mr. Speaker, I appreciate my colleague's question. Obviously, the Quebec Court of Appeal has just handed down its ruling. I will read it, and we will reflect on it. However, I want to emphasize the same message that we have always emphasized. We will always be there to defend the Canadian Charter of Rights and Freedoms. If this decision goes to the Supreme Court, we will be there to intervene.
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  • Nov/30/23 4:16:49 p.m.
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Madam Speaker, I would like to thank the Bloc Québécois member for his important question. We are trying to find that balance, as he pointed out. That is in fact the responsibility of every government when it comes to constitutional rights. What I will stress is that this is indeed a delicate balance. If we promote reverse onus in the context of bail, we need to always respect paragraph 11(e) of the Canadian Charter of Rights and Freedoms, which protects the right to reasonable bail. The Supreme Court of Canada has already ruled that the burden of proof can be reversed in certain specific contexts. In our opinion, this bill follows the Supreme Court of Canada’s instructions and advice. We respect the individual’s right to bail, as well as the collective right to be protected against violent crime.
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  • Sep/18/23 12:21:47 p.m.
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  • Re: Bill C-48 
Mr. Speaker, I thank the member opposite for his question and kind words. I am perfectly comfortable with this bill. I think it is fair and absolutely necessary. It is also fully compliant with the Canadian Charter of Rights and Freedoms. We always need to strike a balance between the need to protect communities and keep them safe and the need to always comply with the Canadian Charter of Rights and Freedoms. I believe that Bill C‑48 strikes that balance. I hope the hon. member opposite and all his colleagues in the Bloc Québécois will help us move this important legislation forward.
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  • Feb/17/22 3:37:14 p.m.
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Mr. Speaker, I want to make clear, as the member for Calgary Shepard has read the material, as I hope everyone who is participating in this debate has read the material, that it talks about certain regulations, certain powers and certain prohibitions. One of the prohibitions is on assemblies that would lead to a breach of the peace, but what is important, and what the Prime Minister and every cabinet minister has said, is that everything that is undertaken under this emergency declaration must be done in compliance with the Charter of Rights and Freedoms. The Charter of Rights and Freedoms talks about charter liberties. It also talks about limitations on such liberties that are saved under section 1. That is the important facet all Canadians must recognize, and that is the important facet under which we will operate as a government. That is what all parliamentarians must operate under, because the charter and those fundamental rights are sacrosanct in our democracy.
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