- Member of Parliament
- Deputy House leader of the Bloc Québécois
- Bloc Québécois
- Saint-Jean
- Quebec
- Voting Attendance: 64%
- Expenses Last Quarter: $109,900.56
- Government Page
- Jun/15/23 10:52:52 p.m.
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Madam Speaker, I understand that clause 84 seeks to create a roster of people who could sit on various panels. Since we do not know in advance which judge may have to make representations before these panels for various types of misconduct, we would want to have a roster of people who have many different qualities, including being bilingual, because there may be French-speaking and English-speaking judges on the lists.
If we focus only on characteristics related to diversity, then other qualities and characteristics, such as bilingualism, may end up taking a back seat. That would mean that official languages will once again suffer, and, unfortunately, it will not be the first time that that has happened in the big federal system.
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- Jun/15/23 10:47:06 p.m.
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Madam Speaker, unfortunately, I think we have seen abuses of process in the past. The case of Justice Michel Girouard was an example. By eliminating some recourse to common law courts, we can avoid not only appeals, but also everything that is incidental to an appeal. There are various dilatory measures that can be taken in the case of an appeal in a common law court. That is what is being minimized.
It is not ideal, but the judge does not completely lose his right to a full defence. There seems to be a balance between the two, because there are a number of steps. It's not a case of one person having the final say. There are several panels made up of a number of legal experts. This is a more specialized form of internal appeal, so to speak, than the appeal that could be made to a common law court. It seems to me that the right balance has been struck.
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- Jun/15/23 10:44:53 p.m.
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- Re: Bill C-9
Madam Speaker, one of the analyses I did in my first speech on Bill C‑9 was under section 99 of the Constitution, which addresses judges' security of tenure. Different jurists and analysts who worked on the bill mentioned that this principle of immovability was respected. The foundation of the analysis process for misconduct is that it is to be done by peers and a judge must not be removed for minor issues. It was balanced.
The fact that the number of courts in the analysis process is being reduced and that only a right of appeal to the Supreme Court is being retained was balanced in context to still allow for the right of defence for judges accused of misconduct. This is a bill that is balanced and respects the constitutional part on security of tenure.
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- Jun/15/23 10:19:59 p.m.
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Madam Speaker, I thank my colleague for his speech. I would like him to answer the same question I asked the Minister of Justice.
Do we not run the risk of limiting the number of candidates who could be added to the list of judges and laypersons if we strike “as far as possible” from the sentence about selecting candidates who reflect diversity, especially given that there is a shortage of judges?
The minister mentioned that the Canadian Judicial Council seemed convinced it would be able to fulfill an obligation of result in appointing people from diverse backgrounds. Does my colleague share the Minister of Justice's optimism given the current shortage of judges?
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- Feb/2/23 11:39:51 a.m.
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Mr. Speaker, the real question is, should judges be told what to do more than they already are?
Generally speaking, when judges are told what they must do, such as with mandatory minimum sentences, those rulings often blocked by the courts because they do not comply with the Charter. That is a real risk, so it seems to me that may not be the best way to make sure potentially dangerous people are not freed. Maybe it would be better to figure out how we can ensure that people who are released on parole do not represent a real threat to the public and how we respect the right of people who are presumed innocent not to be wrongly imprisoned.
There are a lot of things to keep in mind here, including the fact that it now takes up to two and a half years to get a hearing. People can be detained that whole time before being found not guilty in the end. Would it not be better to do something like increase funding for the judicial system so that, if someone has to be held without bail, their trial can at least happen sooner? That could be part of the solution, and I may have other suggestions when people ask me questions.
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- Dec/9/22 12:52:03 p.m.
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- Re: Bill C-9
Madam Speaker, I thank my colleague for his speech and for the work that he did in committee that he mentioned in his speech. It is always interesting to see what arguments were presented there.
First, for the record, I want to confirm to my colleague that I am not suggesting that there are judges who are impartial because of the appointment process, but rather that we must ensure that the appointment process itself does not give the appearance of partiality.
With regard to the addition that he wanted to make to the bill of the possibility of appealing to the Federal Court of Canada, we know that not all appeals in the justice system are appeals as of right. Did my colleague want the appeal to the Federal Court to be an appeal as of right?
If so, would that not be opening the door to unduly lengthening the proceedings?
If he was talking about an appeal with leave, which is mostly the case at the Supreme Court, one must, at the very least, show that there are grounds for appeal, rather than just using this as purely dilatory measure.
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- Dec/9/22 12:38:27 p.m.
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- Re: Bill C-9
Mr. Speaker, if, every time we talk about reviewing the judicial appointment process, the government basically systematically closes the door on it when all we want is for the issue to be examined or considered, then, of course, that will likely not help with transparency and the public's confidence in the justice system.
It is important to remember that judges rise through the courts. When a judge is appointed to a superior court, it is possible that they will one day serve on the Supreme Court, but it is rare for a Supreme Court justice to be appointed without first being appointed to a lower court.
Taking a bottom-up approach would involve starting with the appointment of judges in the superior courts of Quebec and the provinces, and reviewing that process from the bottom up would likely lead de facto to better confidence in the rest of the process and in the path that judges may take to the Supreme Court.
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- Dec/9/22 12:35:48 p.m.
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- Re: Bill C-9
Mr. Speaker, I am tempted to talk about a bunch of things that stand out from that question.
With regard to the review process referred to by the hon. member, one of the amendments adopted in committee was that, if the complaint is dismissed, the person who made the complaint should at least be informed of the reasons for dismissing it. This implies that a minimum of work must be done to explain why the complaint is not being pursued any further. This seems to have been a concern in the case my colleague mentioned.
As for partisan appointments, having a transparent committee to select judges is already a step in the right direction, in order to ensure that judges are not always Liberal leaning, for example. This is what we have unfortunately seen in the past with the “Liberalist”.
However, if we want to go a little further, there is one thing we must also consider: What happens to judges once they have completed their term on the bench? Many of them go to large firms, but others go to work for lobbies or for groups that are a little more partisan.
Perhaps we should also review the possibility for judges, at the end of their term, to work in the private sector in businesses, groups, companies that may be considered more politically oriented, for example?
There is work that could be done throughout a judge's life, from appointment to retirement, to ensure greater impartiality, generally speaking, and greater public confidence in the system.
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- Dec/9/22 12:33:12 p.m.
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- Re: Bill C-9
Mr. Speaker, I thank my colleague for his very specific and interesting question.
I reviewed the work that was done in committee, the recommendations that were retained and those that were not. When we look at the proposed structure, we see that there are nevertheless many possible appeal processes.
From the very first level of appeal by the review panel, there is the possibility of appealing to the reduced hearing panel. That is the first option. Next an appeal can be lodged with the appeal panel, which is set out in the bill. Thus, there is a second possibility of appeal, and after that, a third, but only by leave of the Supreme Court. The process already provides for three stages of appeal. I think that should be enough to respect procedural guarantees and fairness.
There are already three levels of appeal as is the case in regular courts. Would it be appropriate to add another to ensure procedural fairness? I believe that, with the process that has already been put in place, there are sufficient guarantees to ensure respect for the rights of judges under review.
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- Dec/9/22 12:31:27 p.m.
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- Re: Bill C-9
Mr. Speaker, I mentioned Albania because we had a discussion with Albania's justice minister. He said that the process for selecting judges is not just the responsibility of the government. It is an independent committee that is in charge of appointing judges.
The parliamentary secretary mentions that there is no risk of a political appointment being made by the government. More than that, what matters is that there is no appearance of a risk. That is what a committee made up of parliamentarians from all parties represented in the House would allow.
I think that is a solution that would clearly improve public trust in the process and at least deserves to be studied. We are not asking for more than that. I more than welcome the opportunity to have this debate at the Standing Committee on Justice and Human Rights.
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- Dec/9/22 11:26:25 a.m.
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Madam Speaker, when Justice Paquette tells the government that it needs to hire a dozen judges, the government replies that it is short just nine. It has appointed only 10 judges since the beginning of the year. At this rate, it will take another year to fill the remaining positions. I cannot say for sure, maybe the Liberals are running out of names on the Liberalist, but the problem is that this is undermining the public's trust in the justice system. The system simply does not have the capacity to respond anymore. When will the Liberals take the judicial vacancy situation seriously?
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- Dec/9/22 10:22:23 a.m.
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- Re: Bill C-9
Madam Speaker, I thank the minister for his speech. I always enjoy hearing him speak.
He went on at length about how Bill C‑9 will maintain the public trust, and he also talked about the separation of powers among the legislative, executive and judicial branches, which is just as important and is also maintained in Bill C‑9.
However, if there is one thing that makes us question that balance upon which the public trust relies, it is the judicial appointment process that precedes the potential removal of a judge from office, which one hopes would be a very infrequent occurrence.
I would like the minister to comment on the possibility of revising the appointment process to make it as non-partisan and transparent as possible, thereby bolstering public confidence in the judicial system.
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- Nov/24/22 4:05:43 p.m.
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- Re: Bill S-4
Madam Speaker, I thank my colleague for his speech. I would like to hear what he thinks about a situation that could result from the application of Bill S‑4.
For example, since there is often a shortage not only of judges but also of court rooms, clerks, public servants and constables, we could potentially find ourselves in a situation where a person could get an earlier court date if they decided to have their case heard via video conference, whereas those who chose to have an in-person hearing would have to wait longer.
Ultimately, that would perhaps put pressure on people to proceed via video conference even if they would rather have their case heard in person.
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- Oct/21/22 10:58:48 a.m.
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- Re: Bill C-9
Madam Speaker, I thank my colleague for his speech.
Aside from the very specific subject matter of Bill C-9, he talked about a few things that can sometimes contribute to a loss of public trust in our institutions, particularly legal and judicial institutions.
Given that Bill C-9 deals with what happens further downstream, that is, after judges are appointed, I wonder if my colleague could comment on what happens upstream, in other words, how judges are appointed.
Would this not have been a good opportunity to review the judicial appointment system, so we will never again have to talk about the notorious “Liberalist”?
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- Oct/21/22 10:27:28 a.m.
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- Re: Bill C-9
Madam Speaker, I thank my colleague for his speech. I am not sure if he is looking for his headset, but I know that he speaks excellent French.
He spoke about section 102 and what the review panel can do if it dismisses a complaint against a judge. The panel can take several actions, which include ordering the judge to attend counselling or to apologize publicly. To come back to the member's proverb about sheep and wolves, it seems to me that, in this case, unfortunately, no one is thinking very much about the sheep. When a complaint is filed, it is because someone has been the victim of something.
When the panel dismisses the complaint but actions such as therapy, counselling or a public apology are imposed on the judge, should the victim who filed the complaint be more included in the process? Should the inclusion of the victim in the complaint process be one of the things discussed by the committee following second reading of the bill?
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- Jun/16/22 11:49:33 a.m.
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- Re: Bill C-9
Madam Speaker, as the previous speaker did, I too want to thank my colleague for his question, which he asked in French. We really do appreciate it and see it as a sign of respect. We know that it is not always easy.
I have already mentioned one possible way to impose sanctions for offences that do not necessarily call for the judge to be removed from office. I talked about including victims more in the process. This could be deliberated by the Standing Committee on Justice and Human Rights. Unfortunately, I am not a member of that committee, so of course someone else will have to suggest ways to improve the legislation, but that could be a good starting point.
With regard to the fees involved in representing the judge, the committee work could also include ensuring that there is no financial incentive to carry on and drag out the proceedings.
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- Jun/16/22 11:33:55 a.m.
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- Re: Bill C-9
Madam Speaker, I would like to thank my colleague from Rivière-du-Nord for his speech.
I would like to comment on the second part of his speech on the appointment process. As we discuss Bill C-9 today, what our colleagues have often pointed out is both the importance of maintaining the separation between the judiciary, the executive and the legislative powers and the importance of having a system the public can trust. It seems to me that these two principles are especially pertinent to the appointment of judges.
Does my colleague not think that this is the cornerstone of the more than necessary review of the appointment process?
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