Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Criminal Code

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, I represent the riding of Sackville—Preston—Chezzetcook on the outskirts of Halifax and Dartmouth. It is a very nice community, with a great fishing industry. There are lots of beaches and lakes, of course. It is a nice community to visit. Last week was Tourism Week. I invite those who did not get a chance to get out to that week to come to my community.

It gives me great pleasure to speak today to Bill C-75 at second reading. This legislation seeks to amend the Criminal Code, the Youth Criminal Justice Act, and other acts that touch on delays in our criminal justice system.

The bill includes much needed amendments and modernizes our criminal justice system to make it more efficient. It proposes changes in six key areas that I would like to address in my speech tonight.

The first changes would modernize and streamline the bail regime. The second would provide an enhanced approach to the administration of justice offences, including for youth. The third would restrict the availability of preliminary inquiries for offences carrying life imprisonment. The fourth would group offences and create more flexibility. The fifth would improve jury composition and the selection of jurors. Finally, the sixth would strengthen the judicial case management measures and processes for making rules for the courts.

These reforms would reduce delays within our criminal justice system and make criminal law and procedure clearer and much more efficient. For example, these reforms would support victims by strengthening responses to intimate partner violence and facilitating remorse appearances.

The issue of delays in the criminal justice system has been the subject of significant and sustained attention in recent years, including calls for action by the Supreme Court of Canada, as well as the provinces, territories, key stakeholders, parliamentarians, and victims.

This legislation is a priority for our government. We need to move forward quickly, and that is why we are debating the legislation tonight. We want to send the bill to committee as soon as possible so that we can hear from witnesses and improve the bill as we move forward with amendments. That is why our government, with Bill C-75, is taking critical steps in co-operation with the provinces, territories, and stakeholders.

The Supreme Court of Canada in the Jordan decision in 2016 established a new framework for determining unreasonable delays. We need to deal with those delays as soon as possible. As well, in the Cody decision in 2017, the court re-emphasized the responsibility of all criminal justice system participants, including judges and defence counsel, to move cases forward as soon as possible without delays.

As members well know, the criminal justice system is a shared responsibility between the federal, provincial, and territorial governments. Ensuring the efficiency and effectiveness of a system is therefore also a shared responsibility with our government. This is why the Minister of Justice and her provincial and territorial counterparts have worked collaboratively and have held productive discussions on strategic and broad-based reforms to the criminal justice system.

In recent meetings, following the Jordan decision, ministers agreed on the need to have urgent and bold reforms to reduce those delays. All ministers understand the importance of collaboration and making sure that we move forward as soon as possible.

Bill C-75 responds to priority areas identified by the federal, provincial, and territorial ministers, including reforms in several key areas, such as bail, administration of justice offences, reclassification of criminal offences, preliminary inquiries, and judicial case management.

Bill C-75 also responds to the Minister of Justice and the Attorney General of Canada's mandate letter from our Prime Minister, in which she was instructed to conduct a review of the changes to the criminal justice system over the past decade, because as we know, there has been very little change in the last 35 years. She was asked to assess these changes and to address these gaps to ensure that our communities are safer and that we are getting good value for our money, and to make efforts to modernize the criminal justice system so that it is more efficient and more effective, and to do so in co-operation with all levels of government. This is a very important task, but one we view as an opportunity.

The criminal justice system review is an opportunity to create a criminal justice system that is compassionate and timely. The conversation began two years ago in round tables with lots of consultation. Our government is taking that information and those steps and using that to implement this important bill.

Furthermore, the bill also responds to a number of recommendations from the Standing Senate Committee on Legal and Constitutional Affairs on the delays in the justice system. The committee's final report contained 50 recommendations, 13 of which were identified as priorities. The committee recommended that steps be taken to eliminate preliminary inquiries or limit their use. Bill C-75 proposes to restrict the availability of preliminary inquiries to offences liable to life imprisonment, such as murder, kidnapping, or arson. By limiting the availability of preliminary inquiries to the most serious offences, it will limit the impact on many witnesses and victims from having to testify twice.

The committee also recommended that court time spent dealing with the administration of justice offences be reduced, as well as ensuring that conditions of release for the accused serve to protect the public.

Bill C-75 responds to the Senate committee report with respect to the administration of justice offences. Under the bill, both the police and crown attorneys will have the discretion to refer certain administration of justice offences, in other words, failure to comply with conditions of release and failures to appear in court or as required, to a judicial referral hearing as an alternative to laying or pursuing new charges. This would not apply, however, to situations where the conduct has caused physical, emotional, or economic harm, or property damage to a victim. At the judicial referral hearing, the judge or justice could take no action and have the accused released; could vary their bail conditions; or could detain them in custody. This reform will provide a new practical and efficient tool to allow bail conditions to be appropriately tailored while ensuring public safety.

The amendments proposed in Bill C-75 are substantive and urgently needed. Our government has the responsibility to act, and that is exactly what we are doing. All components of Bill C-75 will play a cumulative role in reducing delays in the areas where recommendations have been made. This is why I urge all members to support the bill and to send it to committee.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, it is ironic that the Liberals put the member for Sackville—Preston—Chezzetcook up on a justice bill when, as we know in this House, I have been talking about the injustice of the minister's surf clam decision, where the minister arbitrarily took 25% of a quota and awarded it to none other than this member's brother. Therefore, my question is very short and sweet. I have asked the Prime Minister and the minister this question time and again. Where is the justice for the town of Grand Bank, and the hard-working families of Grand Bank, whose lives and jobs have potentially been put into question because this member's brother has been awarded a very lucrative quota by a very questionable decision?

[The Deputy Speaker, Conservative, Bruce Stanton]

I note that the hon. member for Sackville—Preston—Chezzetcook was getting ready for his response. However, I listened carefully to the question by the member for Cariboo—Prince George and I am not sure that it actually lines up with the bill that is before the House. However, certainly, if the hon. member for Sackville—Preston—Chezzetcook wishes to respond, then I am happy to allow him to do that as well.

The hon. member for Sackville—Preston—Chezzetcook.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, absolutely, because this is what this is all about. The Conservatives have been complaining now for a number of days about not having the opportunity to discuss and debate an important bill. Now that they have an opportunity to ask questions directly related to this, they refuse to do so and are talking about things that are not important here. It is very disappointing.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, the complaints from the opposition are, once again, that the government, in its open and transparent way, has shuttered debate for the 41st time. It is all about the Prime Minister's broken promises, and so forth. There is relevance here.

The hon. colleague just mentioned that all the opposition members want to talk about is something that is not important. I would say on behalf of the hard-working people of the town of Grand Bank that the Arctic surf clam decision is important.

[The Deputy Speaker, Conservative, Bruce Stanton]

The hon. member for Central Nova is rising on a point of order.

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I rise on a point of order. Coming back to your earlier comments, I believe, at the very least, there should be some tangential relevance to the question. The hon. member has stood up repeatedly now, going on about and seeking to wax eloquent about some topic completely unrelated to Bill C-75. Despite your suggestion, the hon. member addressed very appropriately the waste of time here, particularly when the opposition has been complaining about not having enough time. Therefore, I would ask that you rule this question irrelevant and out of order.

[The Deputy Speaker, Conservative, Bruce Stanton]

I thank the hon. member for Central Nova for raising the point. He is right. We actually did speak about that.

One of the difficulties in determining relevance is that one has to hear where the member is going, and in a short period of time it is sometimes difficult to see exactly where that is until such time as the member lands there. I appreciate that the member raised this point of order just about the time that arrived. I do think in this case that this particular line of questioning is not really relevant to the motion that is before the House. Therefore, I leave it to the hon. member for Sackville—Preston—Chezzetcook if he wishes to respond. I think in this case, the question is really not in order. However, if I come back to the hon. member for Cariboo—Prince George, and he would like to rephrase his question, we will give him a moment to do that, and then we will see if we can get a question that is in fact on the subject.

Does the member for Cariboo—Prince George want to respond to the point of order?

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I do. Prior to the point of order, I was getting to the point. All I was going to offer is that the member for Sackville—Preston—Chezzetcook had mentioned that all the opposition wants to do is talk about things that are not important. I just wanted to offer an opportunity for the member of Parliament to retract those comments, because I would offer that the comment that I made earlier is very important to the town of Grand Bank.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, I find it quite funny because one important part of the bill talks about indigenous people and how we find them in the court system and correction centres. However, I understand the problem of the opposition. It does not understand that indigenous people are extremely important Canadians. When the surf clam was discussed three years ago with the Conservative Party, it did not even talk about indigenous people. There were no indigenous people in any proposals.

[The Deputy Speaker, Conservative, Bruce Stanton]

The time for questions and comments has now expired. We are resuming debate.

I will let the hon. member for Central Nova know that there are approximately eight minutes left in the time provided for debate on the motion before the House. I will give him advance time in the usual fashion.

The hon. member for Central Nova.

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I assume I am down to seven minutes now, but it is appropriate because I have a speech about rendering the justice system more efficient, which is really a key part of the bill.

As I mentioned during some of the back and forth earlier, I had the absolute privilege of practising law as a commercial litigator for a number of years. I witnessed first-hand the injustices that result when dealing with administrative delays over the course of the court system on a particular piece of litigation. Transposed into the criminal context, many of the issues remain the same.

Bill C-75 purports to fix some of the very serious problems that are causing more and more people across Canada to experience administrative delays that lead to injustice.

In tabling this important legislation, our government is fulfilling its promise to move forward with comprehensive criminal justice reform. The bill makes amendments in six key areas: modernizing and streamlining bail; supporting victims of intimate partner violence; enhancing the approach to administration of justice offences, including and in particular for youth; restricting the availability of preliminary inquiries; reclassifying offences; strengthening case management powers; and improving the jury selection process.

Additionally, Bill C-75 makes legislative amendments that build on key areas of reform to promote efficiencies in the criminal justice system. Today, I am going to be outlining some important efficiency measures proposed in the bill, which may not be too headline-grabbing for the public, but are very important because they will enhance access to justice.

These measures would do a number of things, including facilitating remote appearances by way of the use of technology; enhancing the current plea inquiry process; clarifying the signing authority of clerks of the court; amending time frames for an accused to re-elect a mode of trial; streamlining the bail process to ensure swifter access to justice that would help reduce court backlogs; removing the endorsement requirements for out-of-province search warrants; and consolidating and clarifying the prosecutorial authority of the attorney general of Canada.

Bill C-75 responds to the Supreme Court of Canada's 2016 decision in Jordan, and it supports the Minister of Justice's mandate letter commitment to reform the criminal justice system. I will begin by discussing the amendments to remote appearances.

In her mandate letter from the Prime Minister, the Minister of Justice received a mandate to undertake modernization efforts to improve the efficiency and effectiveness of the criminal justice system, including the improved use of information technology. The amendments in Bill C-75 relating to remote appearances would assist in achieving this important priority.

Currently, the Criminal Code allows parties and witnesses to appear by audio conference or video conference in specified circumstances and where it is either satisfactory to the court or where the court considers it appropriate in the circumstances. Bill C-75 would expand the use of remote appearances by allowing all those involved in criminal cases, including an accused, witnesses, counsel, judges or justices, interpreters, and sureties, to appear through the use of technology. These measures would increase access to justice, including in remote locations, which is particularly important for northern and rural Canada, and would streamline processes to reduce system costs, for example, by not requiring an accused to be transported to court or a witness to travel and attend in-person in all circumstances.

I will discuss briefly the plea inquiry process as well. At present, the Criminal Code sets out the conditions in which a guilty plea may be accepted by a court, for example, if it is satisfied that the plea is entered into voluntarily. The amendments in Bill C-75 would enhance the current plea inquiry process by adding a requirement that the court also be satisfied that the facts support the charge before accepting an accused's guilty plea.

False guilty pleas are a very real concern, particularly with respect to indigenous accused and accused persons from marginalized groups. I heard this testimony when we recently completed a study on indigenous women in the federal corrections system on the status of women committee, of which I am a proud member. However, the amendment in Bill C-75 would provide additional safeguards to ensure that the court has considered and is satisfied that the facts support the charge before accepting a guilty plea.

Oftentimes an accused person believes it is just easier to get through with the trial process and enter a guilty plea than it is to actually have the trial heard. This procedural safeguard would help prevent those false guilty pleas to ensure people, predominantly from disadvantage backgrounds, do not as a matter of course, for social and cultural reasons, potentially enter a false guilty plea. Resolving cases early by way of a guilty plea would spare victims from testifying and would also save court time.

The amendment would complement initiatives to encourage early case resolution and would avoid concerns surrounding false guilty pleas by ensuring the facts support a guilty plea. This would enhance the integrity of the administration of justice, while making the system more efficient.

This bill also includes amendments that would clarify the existing signing authority of clerks of the court who record judicial pronouncements made from the bench. The act of preparing and signing a court document is a completely administrative task that is often delegated to a clerk of the court. However, only a few Criminal Code provisions expressly provide that a clerk of the court can actually prepare and sign these documents.

To facilitate the administration of justice and enhance efficiencies in criminal court case processing, this bill would expressly provide that clerks of the court can sign documents that reflect judicial pronouncements made from the bench, unless otherwise provided by the Criminal Code or decided by the court. Related amendments to Criminal Code forms will also be made, to add uniformity and clarity surrounding the authority of clerks of the court to sign forms that record such judicial pronouncements.

To sum up this piece of the puzzle, we are going to push the work down to where it can be done most effectively and efficiently, at a lower cost, and in a faster way, so that more Canadians will experience greater access to justice than in fact do today.

The Criminal Code also sets out two time frames and circumstances in which accused persons may change their election or re-elect their mode of trial: 15 days after the completion of the preliminary inquiry, and 14 days before the first day appointed for the trial. Bill C-75 would change both timelines to 60 days. This change would ensure that the accused have sufficient time to appreciate the case against them before re-electing, and it would eliminate additional unnecessary steps required to prepare for trial. This change would also allow valuable court time and resources to be reallocated to other matters.

I will conclude by saying that this bill is really directed at curing certain injustices that exist within our system. In particular, some of the ones that I am most concerned with and have lived first-hand as a litigator in the court system are the administrative delays, which not only make it more difficult for a person to access justice, but contribute to the systemic inefficiencies that slow down the time to trial, add to the cost of systems, and do not serve the interests of Canadians.

This bill takes great steps to cure many of those defects in our system. I am proud to be supporting it, and I hope all members of the House do the same.

[The Deputy Speaker, Conservative, Bruce Stanton]

It being 10:36 p.m., pursuant to order made on Tuesday, May 29, 2018, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

May I dispense?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Conservative, Bruce Stanton]

[Chair read text of motion, amendment, and amendment to the amendment to the House]

The question is on the amendment to the amendment.

Is it the pleasure of the House to adopt the amendment to the amendment?