Justice committee  I'd say it's also a question of trust in the justice system. If the person was convicted unfairly, the victims won't have gotten justice either.

Justice committee  I think we need to publicize the decisions that are made in some way, and where appropriate, the remedial measures that are ordered. Mr. Jacques will be able to elaborate as to whether or not the files are confidential. Generally speaking, the bill also provides for a review mechanism.

Justice committee  I'll answer quickly first and then let Mr. St-Jacques complete my answer. You've read our brief. As you can see, we don't have a position on this specifically. I would simply say that, from my point of view, we should avoid duplicating the types of hearings or appeals as much as possible.

Justice committee  Yes. In fact, we highlight this issue in our brief, particularly in our comments on the notices indicating that no investigation will be carried out. Several provisions that the bill proposes to add to the Criminal Code, notably clause 696.5, indicate that the commission must provide a response within a reasonable time or that the parties must be given a reasonable time to respond.

Justice committee  As you saw in our brief, we haven't taken a direct position on the number of commissioners. I know we repeat this a lot, but, what we want is for the proposed commission to be effective and efficient. There could certainly be more commissioners. We've also raised the idea of having regional offices, for example, so that there's proximity to applicants.

Justice committee  Indeed, there very well may be an increase in the number of files. I'll let Mr. St‑Jacques add to my answer. The underlying message in our remarks and in our brief is that this commission needs to have the necessary resources to do its job. It will definitely need to have an adequate budget and the necessary resources to see its investigations through.

Justice committee  I will begin, and then I'll let Mr. St‑Jacques add to my response if he so wishes. The idea is that the commission has to have reasonable grounds to believe that a miscarriage of justice may have occurred, so there need to be reasonable grounds to determine if it has indeed occurred.

Justice committee  Hello, my name is Nicolas Le Grand Alary, I'm a lawyer with the Barreau du Québec's Secretariat of the Order and Legal Affairs. I'm joined by Nicholas St‑Jacques, who represents the Barreau du Québec. Thank you for inviting us to testify before the committee on Bill C‑40. First off, the Barreau du Québec wants to emphasize that it supports the bill's objective of replacing the current miscarriage of justice review process by establishing an independent body.

Justice committee  Of course, the accused's absence could become a determining factor in relation to the effectiveness of counsel and of counsel's advice, the right to counsel, or another of the rights guaranteed by the Canadian Charter of Rights and Freedoms. In a case like that, there could be an appeal on that basis.

Justice committee  I think Ms. Claveau has identified the issue very well. The example you gave was a very good one. Of course, we will never object to witnesses being spared having to travel when it is just a pro forma date and everyone knows the trial will be postponed. In that kind of situation, the lawyers will certainly work together and arrange with the court for those hearings to be held by videoconference.

Justice committee  No. I think it has all been said. The bill does have to be seen as one tool among others. Obviously, it is not a panacea.

Justice committee  We don't have any data about interpreters, translation and video appearances. However, I will tell you that in general, there are problems relating to note taking by stenographers, recording of the proceedings, and transcription. On platforms like Zoom, Teams, or other software, the connection is often lost and problems with the sound happen, for example.

Justice committee  Thank you. In fact, there are problems that the Barreau du Québec has raised in the past concerning justice system data, the effectiveness of the measures, and even the collection of statistics. That is an element we have addressed in several other forums. The idea behind the second recommendation in the Barreau's brief is that this study be undertaken in order to obtain the figures and data to be able to assess the repercussions.

Justice committee  Thank you for the question. This is one of the very important problems we have raised, in particular in the second recommendation. The public nature of hearings and trials is a fundamental principle, certainly. To go back to the earlier questions, I would say it is a problem that is going to have to be solved by technology.

Justice committee  Yes. It is important that that criterion be present. If that criterion had not been adopted, we would undoubtedly have called for it to be. We have talked a lot about the technical and technological issues, but in some circumstances there are even issues associated with the physical organization and the presence of people in the same room.