Justice committee  No.

Justice committee  I think that's true.

Justice committee  Certainly mandatory charge policies may be well intentioned, but they can also have disproportionate effects, and we know that the overrepresentation of indigenous women in prisons is even more extreme than the overrepresentation of indigenous men. I would be concerned about anything that could potentially add to that issue.

Justice committee  Yes, I think the abolition of peremptory challenges could prevent a repeat of the Stanley case, especially in a jurisdiction like Saskatchewan or Alberta.

Justice committee  That's a good question. I don't know.

Justice committee  That's research I should have done, but, partly, it's also that we allow prisoners to vote. So I don't see why otherwise qualified jurors, just because they have been sentenced to three or four years, or whatever, shouldn't be allowed to serve on a jury, as long as they're not in prison.

Justice committee  Again, I'm not sure about that.

Justice committee  Yes, and that was also Justice Iacobucci's conclusion in his 2013 report.

Justice committee  Sure. If you look at some of the jurisprudence, such as Justice Moldaver's majority opinion in Kokopenace, it's pretty clear that Justice Moldaver thinks that random selection is the most important principle, whereas Justice Cromwell, in the dissent, with Chief Justice McLachlin, thinks that the significant under-representation of indigenous people on juries presents a really pressing problem.

Justice committee  Exactly. Mr. Rankin, I spent a lot of time this summer looking at all of the jurisprudence from the courts of appeal and the Supreme Court on jury selection. Frankly, judges are somewhat conservative on these issues. My worry is that, as the amendment is now written—which, as you noted, simply adds “maintain confidence in the administration of justice”—it doesn't guide the exercise of judicial discretion.

Justice committee  Yes. In 1991 the Manitoba aboriginal justice inquiry wasn't talking about judicial stand-asides, but rather Crown stand-asides. At that time, I think the prosecutor had 48 stand-asides.

Justice committee  One thing the Manitoba aboriginal justice inquiry recommended, in light of the Helen Betty Osborne case, where six visibly indigenous people were excluded by the defence, much as Mr. Kettles has already mentioned, was that we should get rid of peremptory challenges. The other thing Justice Sinclair and Justice Hamilton recommended was that the judge determine issues of impartiality of prospective jurors.

Justice committee  We don't know how many indigenous people were left among the pool of prospective jurors, but it might have been used. The other thing is that the Criminal Lawyers' Association and other groups propose that instead of getting away from peremptory challenges we regulate their discriminatory use.

Justice committee  Sure. Guilty pleas are obviously important to the efficient running of the criminal justice system. I think it's out of an abundance of caution that Parliament has put in these requirements, but a judge not paying attention to the requirements does not affect the validity of the plea.

Justice committee  Yes. Bill C-75, as it is, is going to add one more step to it. As I said, I'm very supportive of that, but you like to tinker and make things even better. I think that this one repeal would emphasize that we have to be very careful with plea comprehension to make sure it's voluntary and knowing, and also that there's a factual basis.