- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Rivière-du-Nord
- Quebec
- Voting Attendance: 68%
- Expenses Last Quarter: $105,330.31
- Government Page
Madam Speaker, I thank my colleague with whom I have the pleasure of serving on the Standing Committee on Justice and Human Rights for her question.
Yes, I am confident that the courts will be able to accomplish that task in an effective, fair and reasonable manner. To be honest, I have often said in the House that I believe we have a high-quality court system in Quebec and Canada that is likely the envy of many states, many countries.
The courts will be able to do that, even if it is not always an easy task. As I was saying at the end of my speech, problematic situations will arise, such as when there are multiple victims and they do not all agree on whether there should be a publication ban or not. However, I believe that our courts will be able to deal with such challenges appropriately.
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Mr. Speaker, as I said a while ago, my colleague can count on the Bloc Québécois to support any legislation that is consistent with the values and interests of Quebec, including Bill C‑48.
That is not to say that I plan to give carte blanche. We will study the bill, and then we will see. Some amendments will probably be necessary. I look forward to hearing what the minister and some of the experts have to say on the matter.
Obviously, this legislation is not immune to legal challenges. Detaining someone before their trial could be construed as an attack on the presumption of innocence. We will have to wait and see how the courts interpret this and whether such a course is acceptable in the kind of free and democratic society provided for in section 1 of the charter. We will work on the matter in committee and ensure that the legislation comes into force as quickly as possible. We need it.
Now, I would ask my colleague the same question again: Does he plan to work on judicial appointments?
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- Nov/23/22 5:39:42 p.m.
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- Re: Bill S-4
Madam Speaker, I want to say what we often hear in question period, that I thank my colleague and commend her for her excellent work. What a great question.
All joking aside, I completely agree with my colleague. She raised an important point. Her husband is a police officer. He experiences these types of situations. I experienced them myself as a lawyer. Many of us have, in various capacities, regardless of our respective careers, or as litigants. I know how frustrating it can be for an officer of the court, a police officer or anyone else to see how much money is being needlessly wasted the morning of a hearing. I can guarantee that it is just as bad for the litigants in the room, who may have travelled in a snowstorm, and who are told that the hearing they prepared for is being postponed. They also often have to pay their lawyer who prepared for the hearing the evening before and who showed up at the courthouse in the morning. If such situations can be avoided, then everyone will be happy about Bill S-4 being passed.
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- Nov/23/22 5:33:36 p.m.
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- Re: Bill S-4
Mr. Speaker, I thank my hon. colleague for his question. I hope that he and I both enjoy our lives after our time serving here in Parliament. I am sure we will.
I agree with my colleague. The bill could indeed speed up the process. As a lawyer, there were times when I had to wait all morning in a courtroom because of various procedures that unnecessarily had to be done in person. Some of these procedures could easily have been done remotely, virtually or in writing.
These days, the courts are constantly working to improve the flow of the legal system. I think the proposals in Bill S-4 are a step in that direction. As I said earlier, people are travelling unnecessarily. When we know that a hearing postponement is going to be requested in a case and that the lawyers all agree on this request for postponement, is it really necessary for everyone to travel there, to clog up the court and to take up five, 10 or 15 minutes of the court's time just to hear everyone tell the judge that they all agree?
I think this could all be done remotely and efficiently as long as everyone agrees. If a litigant is at home and cannot follow the proceedings in an efficient and intelligible way, then that would be counterproductive and would create unwanted frustration.
Yes, remote proceedings, like all the provisions set out in Bill S-4, will be a useful tool if used with the consent of the parties and with discernment.
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- Jun/16/22 11:27:40 a.m.
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- Re: Bill C-9
Madam Speaker, for years, people have been calling for reforms of the process for reviewing allegations of judicial misconduct, whether the review results in a removal or not. This is not the first time that such a bill has been introduced in the House. The Judicial Council itself has called for this. If we can pass this legislation, it will benefit all stakeholders in the judicial system and all Quebeckers and Canadians. The judicial system is the backbone of any society that wants to live, thrive and evolve in peace. Without a judicial system, it would be total anarchy, an eye for an eye, a tooth for a tooth.
No one wants to abolish the courts. Everyone wants to be able to have faith that the courts will resolve our disputes. Ideally, it would resolve all of them, and for that to happen, we must appoint judges with spotless records in terms of credibility and professionalism. The first step is to ensure that the appointment process is effective and non-partisan. I will come back to this.
We must also ensure that once a judge is appointed, they are consistently subject to ethical conduct rules that are acceptable to everyone involved. Finally, we must ensure that, in cases of misconduct, there is a reliable and effective process for reviewing and, where appropriate, fairly sanctioning the conduct of the party at fault.
We have to admit that the review process in place is among the best in the world. We are not starting from scratch, and that is a good thing. Having myself participated in discussions with bar associations in other jurisdictions in Europe and elsewhere, I can say that what we have here in Quebec and Canada is the envy of many other democratic societies.
That being said, recent examples have shown that we need to think about a new and improved process that would prevent abuses. Having a process that takes years before all reviews and appeals have been exhausted, while the principal continues to receive a salary and benefits—often including a generous pension fund—and these costs are assumed by the public, certainly does not help boost confidence in the judicial system.
Of course, it is just as important that judges who are the subject of a complaint can express their point of view, defend themselves and exercise their rights just like any other citizen. The process needs to be fair and should not unduly favour the person who is guilty of misconduct and seeks to abuse the system. In this respect, Bill C-9 meets our expectations and should receive our support, as well as that of all Canadians. I am happy about this and even hopeful that we will now tackle the other key process, judicial appointments.
It would be nice to see the government finally set partisan politics aside when appointing new judges.
Does the “Liberalist” the government is so fond of still have a place in the selection process? We have talked about this many times in the House. We will have to talk more.
Could the final selection from the short list be done by a committee made up of a representative from each of the recognized parties? Could representatives of the public or professional bodies also take part? That is certainly something to think about.
In my opinion, we are ready for this review process. The Bloc Québécois has been calling for it for a long time, and we will continue to do so. Bill C-9 may set the stage for us to seriously consider it. Will the Minister of Justice be bold enough to propose it? I hope so. If he does, I can assure him right now of our full co-operation.
Until then, let us hope that the reform of the complaints review process proposed in Bill C-9 can build public trust in our judicial system.
I said “our judicial system” because we must never forget that the judicial system belongs to the people and must be accountable to the people. We are merely the ones responsible for ensuring the system is effective.
I will not rehash here the process that led to the relatively recent resignation of a Superior Court justice for whom the review process, given the many appeals and challenges against him, apparently had no hope of ending before he was assured the monetary benefits of his office. However, we must recognize that we cannot allow this heinous impression of non-accountability and dishonesty persist, whether it is well-founded or not. We need to assume our responsibilities and make sure that the public never doubts the credibility, goodwill and effectiveness of our courts.
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- Jun/14/22 11:38:14 a.m.
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- Re: Bill C-5
Madam Speaker, that is a whole other question.
I voted against it because it had nothing to do with Bill C-5. I do think the issue of criminal records should be discussed. It is very interesting and important.
However, to circle back to the amendments to Bill C‑5, members will know that we proposed maintaining minimum sentences for these crimes, but adding a new provision to allow the courts to override them in exceptional circumstances. That recommendation came from an expert witness. It was discussed and, although I would not go so far as to say that everyone agreed, it was welcomed by government officials.
Unfortunately, when we brought these amendments forward, the government members on the committee voted them down, which was very disappointing. My NDP colleague also voted against them. Again, I think the issue here is not criminal records, but shootings.
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Mr. Speaker, I am pleased to rise today to speak to Bill S‑206, which is before the House for a fourth time, if we count the three previous versions of the bill introduced in previous Parliaments. Regardless, the bill we are studying today is still the same bill.
Bill S‑206 essentially proposes a change to the existing rules regarding the confidentiality of deliberations between members of a jury who have to decide the fate of an accused person. The jury secrecy rule is set out in section 649 of the Criminal Code and is also called “Lord Mansfield's rule”. It is a cornerstone of common law and the British criminal justice system.
This rule is anything but trivial. The jury is the trier of fact. The judge presiding over a trial is the trier of law. The judge adjudicates matters of law that arise over the course of the trial and gives the necessary advice to inform and guide the jury regarding these matters. That said, at the end of the day, as intended by the legislator, it is the members of the jury who decide whether the accused is guilty or innocent.
The role of jurors is therefore vitally important to the judicial process. When they deliberate, they need to feel completely free to say what they think out loud without worrying about being publicly quoted later as having put forward a certain idea or opinion. Obviously, jurors will often disagree with one another when they first begin their deliberations, but they will work together to consider all the facts entered into evidence during the trial, which may have gone on for many weeks in some cases.
At that point, the success of their work will basically depend on the flow of their debate and how comfortable they feel talking freely and unreservedly among themselves. I am thinking of the ability to share the uninhibited, unfiltered thoughts that come into our minds as we think about what we are going to say. The legislator grants the jury a type of legal status—a partial, temporary status—that lasts only as long as the trial. The jury will then speak with one voice and render a unanimous verdict, like a single person who speaks after carefully considering and weighing all aspects of an issue.
It is therefore easy to see that a sound decision requires absolute confidence in the confidentiality of their deliberations, just as every one of us refuses to compromise the integrity and inviolability of our thoughts. Anyone who, rightly or wrongly, believes someone else is probing their thoughts will self‑censor and be unable to think freely. That is anathema to a healthy thought process and wise deliberation.
Section 649 of the Criminal Code states that it is an offence for a jury member or anyone assisting them to disclose “any information relating to the proceedings of the jury, when it was absent from the courtroom that was not subsequently disclosed in open court”.
In this regard, the Supreme Court has already ruled as follows in R. v. Pan and R. v. Sawyer in 2001:
The common law rule, in combination with s. 649 of the Code, helps to ensure that jurors feel comfortable freely expressing their views in the jury room and that jurors who hold minority viewpoints do not feel pressured to retreat from their opinions because of possible negative repercussions associated with the disclosure of their positions.
We therefore understand that this is the rule that ensures sound, reasonable decisions. That said, jury duty is not always easy.
Sometimes, the facts and evidence of a criminal case can be so intense that they have a significant impact on the jury members hearing the case. Unfortunately, violence and horror can feature prominently in the crimes a person is accused of.
Furthermore, jury deliberations can often be very emotional. It is extremely stressful to stand alone against 11 other jurors and defend a point of view that none of them agree with. Add to that the often heavy consequences that the jury's decision will have for the accused, and I have no difficulty imagining that the situation can become untenable.
In some cases, jury members can be traumatized to such an extent that they have to consult a health professional to deal with it. Some experiences have drastically transformed the lives of jurors left to cope with their trauma alone. These people did not choose to be jurors; they were chosen, and they had a legal obligation to fulfil that duty. They clearly deserve our gratitude and our support. As things stand now, it is more difficult for them to receive care and adequate treatment for what they are suffering, as they cannot speak freely about their trauma without contravening section 649 of the Criminal Code.
Ensuring access to adequate and efficient health services for those who generously contributed to the justice system is obviously paramount. It is our responsibility. It is only common sense that we concur with what is fair and obvious.
Bill S‑206 proposes to allow members of a jury to be exempt from this rule of confidentiality if they require professional health services for medical or psychiatric treatment, therapy or counselling provided after the trial.
This bill asks us to examine a proposed new paragraph (c) under section 649 of the Criminal Code, adding new exceptions to those already established in paragraphs (a) and (b) to allow for evidence to be given in obstruction of justice cases. The proposed paragraph (c) adds an exemption from the confidentiality obligation for the purposes of:
(c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person's service at the trial as a juror or as a person who provided support services to a juror.
The proposed subsection 649(3) also adds that the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.
This is a small loophole in the absolutely essential integrity of the confidentiality of jury deliberations. However, the loophole is closed by the confidentiality obligation in the rules of ethical conduct that professional associations impose on their members.
The House must now weigh the benefits to the justice system of keeping jury deliberations confidential against the benefits to jury members of having more accessible and certainly more effective consultation services between each other and, if applicable, their health professionals.
These decent individuals already do not receive the compensation and consideration they deserve in light of their valuable contribution to the justice system. They are at the heart of some legal as well as moral debates for which they were never prepared. They are calling for a bit of support and recognition, which seems like the bare minimum. As I said, they deserve our respect, our recognition and better working conditions. One day, we will probably have to think about what more we can do to acknowledge their true value.
Under the circumstances, the Bloc Québécois will be voting in favour of this bill.
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Mr. Speaker, Bill S-206 proposes a change to the existing rules regarding the confidentiality of deliberations between members of a jury who have to decide the fate of an accused person.
The rule about the confidentiality of jury proceedings is set out in section 649 of the Criminal Code and is also called “Lord Mansfield's rule”. It is a cornerstone of common law and the British criminal justice system.
This rule is anything but trivial. The jury is the trier of fact. The judge presiding over a trial is the trier of law. The judge adjudicates matters of law that arise over the course of the trial and gives the necessary advice to inform and guide the jury regarding these matters. That said, at the end of the day, as intended by the legislator, it is the members of the jury who decide whether the accused is guilty or innocent.
The role of jurors is therefore vitally important to the judicial process. When they deliberate, they need to feel completely free to say what they think out loud without later worrying about being publicly quoted as having put forward a certain idea or opinion. Obviously, the jurors will often disagree with one another when they first begin their deliberations, but they will work together to consider all of the facts entered into evidence during the trial, which could go on for many weeks in some cases.
At that point, the success of their work will basically depend on the flow of their debate and how comfortable they feel talking freely and unreservedly among themselves. I am thinking of the ability to share the uninhibited, unfiltered thoughts that come into our minds as we think about what we are going to say.
The legislator grants the jury a type of legal status—a partial, temporary status—that lasts only as long as the trial. The jury will then speak with one voice and render a unanimous verdict, like a single person who speaks after carefully considering and weighing all aspects of an issue.
It is therefore easy to see that a sound decision requires absolute confidence in the confidentiality of their deliberations, just as every one of us refuses to compromise the integrity and inviolability of our thoughts. Anyone who, rightly or wrongly, believes someone else is probing their thoughts will self-censor and be unable to think freely. That is anathema to a healthy thought process and wise deliberation.
Section 649 of the Criminal Code states that it is an offence for a member of a jury or anyone assisting them to:
[disclose] any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court....
This is the rule that ensures sound, reasonable decisions.
That said, jury duty is not always easy. Sometimes, the facts and evidence of a criminal case can be so intense that they have a significant impact on the jury members hearing the case. Unfortunately, violence and horror can feature prominently in the crimes a person is accused of.
In some cases, jury members can be traumatized to such an extent that they have to consult a health professional to deal with it. Some experiences have drastically transformed the lives of jurors left to cope with their trauma alone.
These people did not choose to be jurors. They were chosen, and they had a legal obligation to fulfil that duty. They clearly deserve our gratitude and our support. As things stand now, it is more difficult for them to receive care and adequate treatment when they are suffering, as they cannot freely speak about their trauma without contravening section 649 of the Criminal Code.
Bill S‑206 proposes to allow members of a jury to be exempt from this rule of confidentiality if they require professional health services for medical or psychiatric treatment, therapy or counselling provided after the trial.
Ensuring access to adequate and efficient health services for those who generously contributed to the justice system is obviously paramount, as common sense dictates. I can only concur with what is fair and obvious.
Bill S-206 asks us to examine a proposed new paragraph (c) under section 649 of the Criminal Code, adding new exceptions to those already established in paragraphs (a) and (b) to allow for evidence to be given in obstruction of justice cases. The proposed paragraph (c) adds an exemption from the confidentiality obligation for the purposes of:
any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person's service at the trial as a juror or as a person who provided support services to a juror.
The proposed subsection 649(3) also adds that the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.
To conclude, Bill S‑206 clearly deserves to be adopted at this stage and referred to a committee. After hearing from experts, we will determine if it can be passed in its current form or if it should be improved or even rejected. At this time, the Bloc Québécois intends to vote in favour of sending Bill S‑206 to a committee.
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