SoVote

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/23/24 10:16:24 p.m.
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Mr. Speaker, the Umar Zameer case exemplifies the importance of being judicious in our language and ensuring that we do not wade into decisions that govern criminal prosecutions and decisions that are being made by our courts and our justices of the peace. There has never been a more clear example to my mind. However, I would underscore that the presumption of innocence also includes a presumption and an entitlement to not be denied reasonable bail without just cause. That is protected under section 11(e) of the charter, and its salutary impact is demonstrably exemplified in the Umar Zameer case. What I found very troubling is that a number of politicians of various stripes waded into that matter, decrying, in the first instance, the abject horror of the notion of someone like Mr. Zameer being granted bail. He was ultimately vindicated and found to have been not guilty. I think that demonstrates that the work the system does is necessary, and it is doing the work that it needs to do in an impartial and independent manner. It goes back to some of the interventions we heard earlier from the member for Kamloops—Thompson—Cariboo when he talked about my attendance in court during open court processes. Attempts to influence actively, or even the perceptions of such influence, are untoward in this country. That is inappropriate behaviour that should never be countenanced, and comments on the appropriateness or not of a bail decision in a given matter are equally inappropriate and not suitable in a democracy such as ours, where we need to safeguard the lines between independent prosecutions and adjudication and political involvement.
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  • May/23/24 9:29:31 p.m.
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Mr. Speaker, what I would reiterate is that the RCMP, when it makes a decision to open an investigation or conclude an investigation, which may or may not result in an act of prosecution, that is an independent decision. That is important to support in our democracy, and we will always continue to do so.
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  • May/23/24 9:24:37 p.m.
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Mr. Speaker, after assuming this role, I would indicate that the important division and distinction made with respect to prosecutions through the Director of Public Prosecutions Act and through the Office of the Director of Public Prosecutions has never been more apparent to me. I will give credit where credit is due. That is actually a creation of the Harper government, I believe, circa 2006-07. That is an important feature of our constitutional democracy. It needs to be safeguarded, and it is being safeguarded. Decisions about prosecutions are made independently of me in this democracy, and that is a good thing. In fact, it is something that the Malaysian government has actually sought to study, in terms of the model that we use here in Canada. The Malaysian government has sent visitations to me, to learn about our model.
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  • May/23/24 9:23:33 p.m.
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Mr. Speaker, I would indicate to the member opposite that the investigations into this matter, or any other matter by the RCMP, are handled independently in a democracy such as ours, by the RCMP themselves. It would be untoward for me to be commenting on the nature of that prosecution or its direction.
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  • May/23/24 8:46:28 p.m.
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  • Re: Bill C-63 
Madam Chair, what I said at that committee, I will say again here: the Lego in my basement is subject to more restrictions than the screens my children are on. That has to change. We need to change the incentivization on social media companies from monetary incentivization to safety incentivization. This legislation would create a duty to protect children and a duty to remove content. I hope the opposition is listening. The prosecution would be facilitated, in terms of child sex predators, by making changes to the Mandatory Reporting Act, such that the evidence must be preserved for one year. Someone will have up to five years to lay a charge. All entities, including social media companies, must report, and they must report to a central clearing facility. That is critical to facilitating the prosecutions. That is what law enforcement has asked us for. That is what the mothers and fathers affected by things like sextortion around this country have asked us for. That is what will help keep kids from being induced to self-harm, which includes, sadly and tragically, suicide in the case of Carson Cleland in Prince George, B.C., and so many other children around this country. What we understand from the Centre for Child Protection is that 70 times per week they get notifications of sextortion, and that is only the kids who are coming forward. It is critical to address this issue with haste. We need to pass Bill C-63 at second reading and get it to committee to hear from experts about the pressing need for this bill.
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  • May/23/24 7:57:07 p.m.
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Madam Chair, the purview of the Attorney General of Canada, with respect to the conduct of litigation, is not to wade into criminal prosecutions. There is a very strong line that has existed for over 20 years. That is why we have a Director of Public Prosecutions Act. That is why we have an arm's-length entity and an individual who is the director of public prosecutions so we do not have potential political direction being given about investigating crimes or laying charges in this country in any respect. If people have evidence of a potential crime being committed, they should contact law enforcement, not the Office of the Attorney General of Canada.
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  • May/23/24 7:55:47 p.m.
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Madam Chair, the member opposite knows, as a former member of the justice committee, that decisions about investigations and potential prosecution for criminality, whether it is here or abroad, are undertaken, as they need to be in a democracy, by entities such as the free-standing and independent department of public prosecution, the director of public prosecutions, or the war crimes unit. Those are not handled or directed by me—
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  • Sep/20/23 4:27:54 p.m.
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Mr. Speaker, I thank the hon. member for Esquimalt—Saanich—Sooke for his contribution today and his contributions over many years at the justice committee. The member is highlighting an important situation. Obviously I cannot comment on a particular case or a particular prosecution, but I think it underscores the points that I was making in my opening remarks. When individuals make an autonomous decision that they want to speak about what has happened to them, we need to enable and empower them to speak about their trauma and not retraumatize them thereby. That is what this bill tries to do. The bill has two components. The critical component is maintaining a registry that would keep people safe from sexual violence. When sexual offences occur, we have to be focused on the victims and empowering them so that they do not face the type of situation that the member just outlined. That is not a situation we want to replicate. What we want to do instead is empower people to have control of their situation, their own healing and their own path.
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  • Oct/19/22 2:11:35 p.m.
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Mr. Speaker, the war Russia commenced in February against Ukraine is unjust, unlawful and unacceptable. Now, evidence clearly shows that Putin's war is also criminal. UN investigators, after visiting 27 towns, meeting with 150 victims and inspecting sites of destruction and mass graves have concluded, “Based on the evidence gathered so far...that war crimes have been committed in Ukraine”. This includes torture, summary executions and sexual violence against children as young as four. As the former war crimes prosecutor on the Rwandan genocide, I know how difficult the evidence-gathering exercise is, but I also know this work is pivotal to ensuring a successful prosecution. I applaud the work of the UN team thus far, and I urge it to broaden its investigations to include Izium and Lyman, as well as the targeting of civilian locations in Kyiv this past week. The Russian perpetrators of these horrific war crimes must be brought to justice. I reiterate that the only acceptable outcome of this conflict is a decisive victory for Ukraine, intact, including Donbass and Crimea. Slava Ukraini.
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