Bill C-9

An Act to amend the Judges Act

This enactment amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and makes changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process also applies to persons, other than judges, who are appointed under an Act of Parliament to hold office during good behaviour.

Judges Act

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, going back to the question that was just asked and answered, the member suggested, and she is absolutely right, that the government sets the agenda. However, the opposition has tools that it should and can use from time to time to slow down legislation and the legislative process in here.

My question to the member is very simple. Does she not think we would have been able to table this bill and start debating it sooner had the Conservatives not held bills up, such as Bill C-8, the fall economic statement, which they held up for five or six months in the House? If we had seen fewer partisan games to slow the process down, would we not have been able to deal with items like this sooner?

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I certainly do not feel the Conservatives need to take any lessons on partisanship in the House from that member in particular. The government seems to have fallen in love with closure and shortening debate. We do not agree with that. If it is something worth talking about, we want to talk about it.

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I will be sharing my time with the member for Saanich—Gulf Islands, a place I am hoping to visit sometime soon.

It is always an absolute privilege for me to stand in this place and work for the people of Canada. That is certainly true today. I will also say that it is absolutely an honour for me to rise on behalf of the residents of my riding of Davenport to speak to Bill C-9, an act to amend the Judges Act and the Criminal Code.

I always like beginning my speeches with a quick summary of what a bill proposes to do and some of the key changes that are being proposed. Then I go into a bit more detail in my main speech.

Bill C-9 proposes amendments to the Judges Act to replace the process through which the Canadian Judicial Council reviews the conduct of federally appointed judges. It would establish a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge's removal from office, and it would make changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. This new process would also apply to persons, other than judges, who are appointed under an act of Parliament to hold their office during good behaviour.

The proposed amendments to the Judges Act would do the following. First, they would amend and streamline the process for more serious complaints, where removal from the bench could be an outcome. Second, they would address the current process' shortcomings by imposing mandatory sanctions on a judge when a complaint of misconduct is found to be justified but not serious enough to warrant removal from office. Such sanctions would include counselling, continuing education and reprimands. Third, they would require the Canadian Judicial Council to include in its annual public report the number of complaints received and how they were resolved.

Indeed, Bill C-9 is unique. Let me provide a few more details about why, and at the same time elaborate on what Bill C-9 proposes to do.

Canadian judges are rightly held in high regard not just in Canada, but around the world. Their decisions carry great weight for individuals appearing before them, whose lives are so directly and meaningfully affected, and for society as a whole. Canadians rightly expect much of judges: to make decisions that apply the law correctly and fairly, and to do so in a way that embodies unimpeachable character and meets the lofty standards to which judges are held. The confidence of the Canadian public in individual judges and the judiciary as a whole depends on it.

We know that public confidence is well placed, but neither we as lawmakers nor Canadian society as a whole can become complacent. We all have a role to play to ensure that confidence in the judiciary continues to be merited. Part of that is making sure Canadians know there are avenues open to therm to make complaints about a judge's conduct and that appropriate recourses are available. For this reason, processes have been established that allow for such complaints about the conduct of individual judges.

At the same time, judges must be able to respond to complaints and be assured that they will be treated fairly and in a way that is in keeping with their judicial independence. For this reason, the Canadian Judicial Council, comprising the most senior judges in Canada, was created and has the authority to manage the processes by which complaints about judges are investigated.

Parliament also has a role to play. In 1971, Parliament established the Canadian Judicial Council and charged it with establishing and managing the process for investigating complaints against federally appointed judges. The legislative framework that Parliament set out for the judicial conduct process remains with us, largely unchanged, several decades later.

Today, we have reached a unique point in history. We have before us the opportunity to build on Parliament's past work by modernizing the judicial conduct process, ensuring that it continues to reinforce public confidence. I urge every member of the House to seize this opportunity.

The existing mechanisms used to review allegations of judicial misconduct are in urgent need of renewal. The current process was established more than 40 years ago. Since then, the administrative law landscape surrounding the process has changed. The values and standards that help shape expectations of judicial conduct have evolved too. The judicial conduct process, however, is largely the same. We know that it is out of date and that it demands reform.

The Canadian Judicial Council, with its decades of experience running the judicial conduct process, has called for such reform. The council's chair, Chief Justice Wagner, had identified this as a priority from the beginning of his time in his role. At his welcome ceremony as a new chief justice of the Supreme Court of Canada in 2018, Chief Justice Wagner noted the need to modernize the mechanisms for addressing complaints regarding judicial conduct.

Several recent judicial conduct cases have highlighted the importance of reform. They have shown us that under the current system, cases can be marked by exorbitant legal fees, lengthy delays and multiple inefficiencies. This is not a process that inspires abiding public confidence, but today, by supporting Bill C-9, we have a chance to fix this.

Bill C-9 addresses the shortcomings of the current process and launches the long-awaited renewal of the judicial conduct process. The reforms proposed in Bill C-9 would make the process more efficient by, in part, preventing parties from seeking judicial review of decisions that are made during the judicial conduct process. This would reduce costs and prevent delays. The bill would also increase accountability by establishing a more robust role for the public in the process.

The bill before us today proposes a set of carefully considered, well-informed and broadly supported reforms. These reforms come out of robust consultations and substantial engagement with the Canadian Judicial Council, which would remain responsible for carrying out the judicial conduct process, and with the Canadian Superior Courts Judges Association, which represents many of the federally appointed judges to whom the new regime may be applied.

In June 2016, our federal government launched public consultations on modernizing the judicial conduct process. Over the following months, we were pleased to receive multiple submissions reflecting the importance that this process holds for the legal community and for Canadians as a whole. We heard from individuals and organizations who provided thoughtful comments on the existing process and suggested meaningful reforms. The Canadian Judicial Council and the Canadian Superior Courts Judges Association participated in these consultations, as did the Canadian Bar Association and the Federation of Law Societies of Canada and members of the general public.

These consultations sent a clear message that there is broad support for the reform and modernization of many aspects of the judicial conduct process. The process should be more efficient and more transparent and should provide for greater public accountability. The reforms set out in Bill C-9 embrace this message, responding to the concerns expressed in the consultation process.

Following the consultations, our government engaged closely with the council and the association on multiple occasions to develop and refine proposed reforms to the judicial conduct process. This close collaboration ensured that the reforms before us today are informed by the experiences of the people who work with the process directly, and the experiences and perspectives of Canadian judges themselves.

In conclusion, Bill C-9 sets out the changes that are required to modernize and renew a process that is key to public confidence in the justice system. The proposed reforms before us today address a long-standing problem. They were carefully developed. They are widely supported. They reflect the experience, wisdom and knowledge of the judiciary itself. More importantly, they advance the best interests of Canadians who interact with our justice system.

Fellow members, let us work together to strengthen and modernize the mechanisms for addressing complaints about the conduct of federally appointed judges, and reinforce and foster public confidence in our judiciary and our justice system. Let this bill and its passage mark an important point in the history of the judicial conduct process in Canada. I urge all members to join me today in supporting Bill C-9 and passing these long-awaited changes to the judicial conduct process.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, it is my understanding that Bill C-9 was first introduced and had its first reading on December 16, 2021, more than six months ago. Now here it is, just a couple of days before the summer break, and we the opposition are being urged to pass it without further debate.

If the issues are so important, why was it not brought forward to the House of Commons earlier so that we could have a full debate without feeling rushed?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I think there are always competing demands for the time in this House. All of the legislation that is introduced at whatever point in time, whether it is two days before the summer break or two months before the summer break, is extraordinarily important.

I do not think that any Canadian or anybody listening should consider this bill as less important because it was introduced just before summer break. It is something that has been studied for over seven years. It has been discussed widely. I think there is wide agreement with the changes that are being proposed. I hope the member will consider supporting this bill.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I have a very simple question for my colleague from Davenport. How does she think we could speed up the process and get the bill passed? Everyone supports it.

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I think that if the House were to ask for unanimous consent to pass this bill, we would be able to pass it very quickly.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, does the member agree that there have already been a lot of consultations and there has already been a lot of public engagement warranting the quick passage of this bill?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I think there have been a lot of consultations. I listed a number of associations from the legal perspective, from the broader perspective and also from the general public that were invited to comment on the proposed legislation. I mentioned that this legislation, or the deliberations about updating or modernizing this approach, has been talked about for about seven years now. There has been a lot of opportunity for a lot of input. It was widespread. I have all the confidence that there has been a lot of opportunity for anybody who has wanted to provide input to have done so. I think it has been honourably encapsulated in the legislation we have proposed before the House.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, it is clear there is widespread support in the chamber for this piece of legislation, and it has been suggested by some that the only reason it is still being debated is that there is some trading going on between parties.

I know the member cares about the quality of the discourse in this place. Could she share her reflections on her aspirations and what it would take for this place to rise past more transactional politics and focus more fully on the most critical issues we face?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, the member is right. I do care about the discourse in this chamber. I think we are at our best when we share our best ideas in addressing the biggest challenges before Canadians. I think that is how we can best serve Canadians on all of the issues, challenges and opportunities that face Canadians today. I agree with him. I encourage all sides to constantly find ways to share our best ideas and work together so we can create an even better Canada.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, the member mentioned unanimous consent. It is possible when parties speak to each other. We are in a Parliament, so the parties must talk, negotiate and use diplomacy. Is that happening right now? Are the parties in talks to reach unanimous consent, given that we all agree?

[Julie Dzerowicz, Liberal, Davenport, ON]

Mr. Speaker, I am not part of the team that is negotiating on this particular bill and what is actually happening in this House. It is with great hope that they are talking about it and that they are putting unanimous consent as an option on the table. I do agree with many who have spoken in this House to say that there is widespread agreement and that we should pass this swiftly.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, it is an honour to rise here today on the traditional territory of the Algonquin Nation. Meegwetch.

I really had hoped to be allowed to ask the member for South Surrey—White Rock a question, and I will tell members why, because I think they might enjoy this.

The hon. member for South Surrey—White Rock mentioned that she used to practise law, and I used to practise law. However, the member was actually part of the governing party when we were both first elected in 2011 when she helped me with a family law case. I just wanted to put that out there.

One of my constituents had a grandchild pretty much kidnapped by a non-custodial father who took the toddler to New Hampshire. I was going crazy, as were the mother and other members of the family, trying to figure out how to get the baby back. Speaking of judges I do not like, I would mention the family court judge in New Hampshire who thought that a court order from the Supreme Court of British Columbia for full custody of the little girl was something out of a Cracker Jack box that the judge was free to ignore. It was quite the case. The hon. member for South Surrey—White Rock gave me some very good advice, which helped me get the baby back. She is now 16 and living with her proper family, and so it all came out quite well.

I want to talk about Bill C-9, which would reform the Canadian Judicial Council.

As I was speaking of a U.S. judge, it reminded me of this whole experience when I was at Dalhousie law school. We had one professor who challenged us on a case one day. We spent hours trying to figure out the rationale for the judge's decision. It made no sense to us. Obviously, the judge had ruled it, and so we had to figure out the legal reasoning, because there must be legal reasoning. It was a contract case and it made no sense. After about an hour of us tearing our hair out and putting forward solutions, our professor asked, “Is it permissible to ask if the judge was bribed?” The judge was, which is why the decision made no sense, and he was thrown off the bench for it.

This was an episode for us in real-life judicial reasoning. Sometimes the judge is bribed. Now, I do not know if this has happened in Canada, but it might happen sometime, and this is why we need a judicial review process. This particular process has been in place since 1971, and there are good and real reasons that it needs to be fixed.

There is another real-life case that I found explanatory. For the general public who may be watching this debate today, it has been a little dry, so I figured I would give a real-life example, which some members may know.

The judge is from the Quebec Superior Court, Michel Girouard who, I think 13 days before being elevated to a being a judge, was caught on video buying cocaine. This is similar to a Netflix true-crime story. Judge Girouard was challenged in 2010 when there was a complaint to the Canadian Judicial Council.

It is pretty clear that when a judge is caught on video buying cocaine from one of his clients who was then before the courts that we really do not want that particular gentleman on the court. If we want to talk about something that brings the justice system into disrepute, that would be it.

The case started in 2012 and did not end until 2021, when the Supreme Court of Canada refused to hear Judge Girouard's appeal. At that point, he had managed to use every possible legal avenue to fight the finding that he was not qualified to be a member of the judiciary. He fought it, and for those of us who are trained in law can imagine, there are many ways to be creative and litigious, and this gentleman was very litigious. Not only that, under the previous law that we had, the people of the province, the taxpayers, had to pay all of his legal fees, because he was a judge and it was under the judicial complaints process.

I will point out one thing that Bill C-9 would do. We obviously learned a lot from that experience, and we do not want to have someone who is challenged dead to right who should not be a member of the bench, able to keep exploiting every possible appeal and then charge the taxpayer for the legal fees. Also, there should be a way of limiting how many accesses to judicial review through the federal courts someone in this situation should have.

Bill C-9 would do something quite straightforward that I have not mentioned yet today. If a judge going through this process wants to find ways to appeal, they are all in Bill C-9. The only court that a judge who is being challenged in this way can get to is the Supreme Court of Canada, at the very end of the process. The judge cannot keep finding a judge somewhere to hear some aspect of a complaint the judge is fighting.

Just to make it clear, under this legislation, there would be complaints, a screening officer, a reviewing member, and they can create certain kinds of review panels and hearing panels together, but they are not clogging up the regular court system. The judge that is the subject of the complaint is precluded from going to any other court, but at the very end, has the right to an appeal to the Supreme Court of Canada.

The law also gets rid of the idea that the people have to pay for the legal costs of a judge. The opportunity to appeal to the courts under the new process, proposed section 158 of Bill C-9, specifically bars any legal challenges or other forms of judicial review. This is a very helpful change.

Everything about the way the bill has been constructed has been the subject of a great deal of consultation due to cases, and there have not been a lot of cases. Let us face it, in the 40 years since the Canadian Judicial Council was created, as far as I could find, and it was the same figure that the hon. member for Esquimalt—Saanich—Sooke used, which means it is probably right, was that there were only 14 reviews in the last 40 years. This speaks to a very high level of ethics and integrity within our judiciary.

However, if someone does have a problem, there are very large stakes in getting this right. We do not want frivolous complaints from, for instance, people who have lost cases in front a judge and that disaffected previous litigant having the right to make a judge's life hell, to pursue them and subject them, in social media or wherever, to unfair charges. The judge subject to a complaint clearly has rights and has to be treated fairly. That side of getting the balance right is well reflected in Bill C-9.

The other aspect is we do not want public confidence in our justice system to be shaken by having someone serving as a judge who clearly does not meet the standards of ethical conduct, the way it is expressed in this new bill. The ones that used to be there are infirmity, misconduct, failure of due execution and, this is the new one that is relatively traditional, the judge is in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of judicial office.

In the time remaining, I want to mention that all of us here should think about the benefits of this new approach. The system we are currently under really has a binary choice: The judge is off the bench or the judge is on the bench. This new system says that maybe the judge needs some training, some counselling or a warning. There is a different approach here, again something short of the kind of misconduct that says the judge must leave the bench altogether, that allows for help.

One can imagine these are stressful positions. Mental health issues affect everyone in every profession, so there could be conduct that is questionable, but, on the other hand, overall the person is a good judge. Bill C-9 would allow that judge in that circumstance to be treated fairly, but it also protects the public and the taxpayer from judges who would do absolutely anything to stay on the bench, even if, as in the case I cited, they have been caught on video buying cocaine.

With that, I hope we can expedite the passage of this bill. It has been around even longer than some members have mentioned, because it was Bill S-5 in the last Parliament in the Senate and died on the Order Paper when the last election was called. Let us get this bill passed.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I agree with so much that was said in the intervention by the member for Saanich—Gulf Islands today, again reinforcing the many reasons that we need to be moving forward with these changes to the Judges Act, getting this bill to committee and moving forward on what we are all agreeing on today.

I may be new in this role as a member of Parliament, but I cherish every moment to stand up and speak in this chamber, and I hope that never changes.

I reflect on the fact that our time may not be being used in the most efficient way right now. We have so much that is happening. I am hearing from constituents who are worried about the climate crisis that we are in and are struggling to make ends meet, and I am wondering if the member can share a bit about how she feels about using our time in the best way possible to speak to the concerns that we are hearing from constituents day in and day out.