Mr. Speaker, the Department of Justice supports the Government of Canada’s commitments to Gender-Based Analysis Plus, or GBA Plus, to help ensure that federal initiatives are responsive and inclusive. The department’s Policy on Gender-Based Analysis Plus: Applying an Intersectional Approach to Foster Inclusion and Address Inequities defines the guiding principles and key steps for the integration of intersectional GBA Plus considerations in the development of legislation as well as other departmental initiatives. Members can consult annex C of the policy. The policy requires all Justice Canada officials to apply an intersectional GBA Plus approach in a systematic, evidence-based way to ensure that federal government legislation, policies, programs and other initiatives are responsive, inclusive and reflective of diverse experiences and realities in order to address existing inequities and barriers.
The GBA Plus assessment process is focused on understanding who is impacted by the issue being addressed, identifying how the initiative could be tailored to meet diverse needs of the people most impacted, and anticipating and mitigating any barriers to accessing or benefitting from the initiative. Applying an intersectional approach goes beyond gender and sex to include consideration of multiple identity factors, such as age, disability, economic status, education, sexual orientation, language, racialization, ethnicity, religion and spirituality. The analysis also includes creating meaningful GBA Plus indicators to monitor and report on the impacts of the initiative on diverse groups, as well as identifying existing and potential barriers and inequities experienced by specific groups and addressing them in a timely manner as needed.
Here is some information on the GBA Plus analysis and further actions taken in respect of the specific bills that were the subject of this inquiry.
Regarding the former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, the GBA Plus analysis was provided to the Standing Senate Committee on Legal and Constitutional Affairs on May 10, 2019. The amendments were expected to have differential impacts on some identifiable groups, due to the demographic characteristics of individuals involved in the criminal justice system, the CJS. Since these amendments were not designed to address all social issues, without sufficient training for CJS actors, operational changes in the courts and administration of justice at the provincial and territorial level to support them, vulnerable populations were expected to continue to experience overrepresentation. Since the enactment of this legislation, Justice Canada has undertaken further work with the provinces and territories to implement the amendments and monitor any impacts of the legislation.
Justice Canada is currently developing a survey to examine CJS stakeholders’ perceptions of CJS efficiencies in general, and more specifically in light of recent legislative changes, including those enacted by former Bill C-75. This will include an assessment of the overall impacts of these changes on Indigenous and racialized accused/offenders and other vulnerable populations.
With respect to Bill C-48, An Act to amend the Criminal Code (bail reform), the GBA Plus analysis was provided to the Standing Senate Committee on Legal and Constitutional Affairs on September 27, 2023. It is available at https://sencanada.ca/Content/Sen/Committee/441/LCJC/briefs/2023-10-13_LCJC_C-48_Follow-up_GBAplus_e.pdf. The Government of Canada recognizes that the lack of national bail statistics in Canada has resulted in knowledge and data gaps on the topic. Justice Canada is collaborating closely with Statistics Canada and with the provinces and territories to improve data collection and fill these gaps, which would help better understand the impacts of our bail system. Section 2 of Bill C-48 also requires a parliamentary review of the amendments to begin five years after Royal Assent to assess the impacts of the reforms. This review must begin by December 5, 2028, or as soon as reasonably feasible.
With respect to Bill C-9, An Act to amend the Judges Act, the GBA Plus analysis was provided to the Standing Senate Committee on Legal and Constitutional Affairs on April 14, 2023. The reforms enacted by C-9 were carefully designed to improve the process for reviewing complaints against federally appointed judges, with a focus on its cost and efficiency, as well as its fairness, accountability and transparency, all without having a disproportionate impact on judges or complainants who are members of identifiable groups relevant to GBA Plus. The reforms are expected to have a positive impact on those who submit complaints related to discrimination, including based on race and gender. Whether the proposed reforms might have negative or unintended impacts for judges or complainants was considered, and none were identified. No further steps are considered necessary at this time.
With respect to Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, the GBA Plus analysis was provided to the Standing Senate Committee on Legal and Constitutional Affairs on October 18, 2022. It is available at https://sencanada.ca/Content/Sen/Committee/441/LCJC/briefs/C-5_Followup_Lametti_Full_e.pdf. Section 21 of Bill C-5 included a mandatory parliamentary review of the amendments four years after coming into force to assess the operation of the reforms. This review must begin by November 17, 2026. Justice Canada will continue to collaborate with partners to monitor the impacts of the amendments.
The Department of Justice will continue to improve its practices and promote the early and meaningful integration of intersectional GBA Plus considerations in legislation, policies, programs and other initiatives to advance equity and inclusion.