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.

Opposition Motion—Bail Reform

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, unfortunately, the facts do not back up my colleague's assertion. Bill C-75 enshrines in law the principle that the least onerous provision possible has to be put in place for offenders. That means that the onus is on the prosecution to show why a less onerous provision would not be appropriate, which has resulted in a broken bail system.

Members do not have to take my word for it. We are on opposite sides of the House here. However, they should listen to the 13 premiers from their own provinces. The Ontario Provincial Police and the Toronto police are saying the same thing. They are all laying the blame on Bill C-75. They are saying it is easier for repeat violent offenders who commit gun crimes, since Bill C-75 passed, entrenching this in law, to get bail. The results are in. Individuals who are out on bail are committing murders. Over half the murders in Toronto are committed by individuals out on bail. What more evidence do we need to see?

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, with respect to Bill C-75, I just want to make something absolutely clear. Bill C-75 imposed a reverse onus on those who are charged to prove they should be released. It is a very important tool in the criminal justice system. It is one that imposes an onus on the individual to prove that they should be released, whereas in most cases it is a presumptive release.

Can my friend opposite outline what change he would make to Bill C-75 that would undo this, or is he asking that we strengthen this? I am not clear on where he is going with this. As is, Bill C-75 did strengthen bail and it made our communities stronger. I think my friend opposite is misleading us in that regard.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, it is an honour to rise today on what is a very important and pressing issue in our country today.

Our justice system under the Liberals is broken. Everybody knows it. All 13 premiers have gotten together to demand change. Our bail system is the responsibility of the federal government. Those provisions are in the Criminal Code. It is this Parliament that has jurisdiction over the Criminal Code. Our bail system is badly broken.

Some of the recent stats that we have seen out of Toronto will absolutely amaze members. We have heard from police associations across the country. We have heard from the Ontario Provincial Police. We have heard from the Toronto police. We have heard from police officers, and my fellow members have probably heard in their own ridings, about the dangers of our current catch-and-release bail system: the same individuals being caught for a crime and being let back on the street.

In Toronto, and I find this amazing, there were 44 shooting-related homicides last year. Of those 44 perpetrators, the accused, 24 were on bail. Our system is broken. That stat alone will tell us that our system is badly broken, when over half of the homicides in Toronto are committed by people on bail. There are people walking the streets in our community whom we had in custody. The police did their job. They caught them after committing a crime. They charged them, but because of a broken Liberal bail system, they are back out on the street.

This other one, again, amazes me, from the Toronto police: In 2021, 47 individuals were let out on bail. Who are these 47 individuals? They were individuals who were arrested for a firearms offence but were given bail. They committed a firearms offence, but now they are out on the street. They were re-arrested for another firearms offence, and 47 of them were given bail again, given bail twice for firearms offences. The system is broken.

Now we look at the tragic death of a police officer that has galvanized police organizations and has galvanized the premiers, every premier in our country. As my colleague just said, it is hard to get multiple parties from multiple provinces, different premiers, to all agree on something. We do not expect, in Canada, that we would all agree on something, but every single premier in this country, of every province and every territory, agrees that we need bail reform. They are saying that repeat violent offenders who commit gun crimes should not be let out on the street. That is not too much to ask.

Two days after Christmas, a young police officer was gunned down by an individual who was on bail, an individual who had a lifetime firearms prohibition order against him. If someone with a lifetime firearms prohibition commits a firearms-related offence and we cannot keep them in custody, the system is badly broken.

Who broke the system? It was the Liberals. In 2019, Bill C-75 made it far more difficult for offenders who should be behind bars to be kept behind bars. Bill C-75 was a sweeping bail reform by the Liberal government that established a catch-and-release system that ensured that even repeat violent offenders who use guns to commit their crimes would be back out on the street.

It gets worse. The Liberals like to say that the Conservatives' “tough on crime” does not work. The fact of the matter is that it does work. Violent crime went down when we were in government. What is happening with crime now? Crime is up 32% in Canada since the Liberals took government. Gang-related crime and gang-related homicides nearly doubled since the Liberals took government, less than eight years ago. To lay this at the feet of the Liberals is entirely appropriate. It is their system.

What does Bill C-5 do? It removes mandatory minimum sentences for crimes like extortion with a firearm, robbery with a firearm and for drive-by shootings. It allows house arrest for individuals who burn down homes, arsonists. They burn down someone else's house, but they get to serve their sentence from the comfort of their own house. Those who commit sexual assault are now able to serve their sentence from their home and possibly in the same community as their victim.

When we say the Liberal justice system is broken, it absolutely is. Liberals will often talk about the tough-on-crime approach of the Conservatives. If someone is a repeat offender and commits robbery with a firearm in this country, if someone walks into a store or into someone's home with a firearm and robs them, they do not need to be out on the street. They need to be in jail.

It is not helping anyone. We are not helping the victims. We are not helping our communities. We are not even helping the offender. How does putting an offender back on the street help them? Under the Conservatives, if someone committed robbery with a firearm, they went to jail for a minimum of four years.

Under Bill C-5, which recently passed into law, the Liberal Bill C-5 that is soft on crime, there is no longer a mandatory jail sentence for committing a robbery with a firearm. There is something interesting I heard the justice minister say many times. He said that tough on crime is not constitutional.

Less than a week ago, just yards from here, the Supreme Court of Canada said the mandatory penalty of four years for robbery with a firearm is constitutional. It was a seven-to-two decision. The Supreme Court of Canada said that a mandatory penalty of five years for robbery with a prohibited weapon is constitutional. What a surprise. That was a seven-to-two decision. Those were two separate cases.

Soft on crime does not work. Canadians know it. Conservatives know it. Premiers of all political stripes know it. The only people in this country who like this approach would be the Liberals and repeat offenders. That is poor company to keep.

We have to take action on behalf of victims. I do not know how we can look a victim's family in the eyes and say the system does work. Then we say that the person who was out on bail for a firearms crime, who had a lifetime firearms prohibition, was able to murder their loved one and the system is working. The system is not working.

We need strong changes. We need to repeal Bill C-5. We need to that ensure if someone robs another with a firearm they go to jail. We need to ensure that if someone burns someone's house down or commits sexual assault, they are not serving their sentence from the comfort of their own home. We need to ensure that a repeat firearms offender serves their time in jail.

We need to make sure that when the police catch someone who has a firearms prohibition order and who has committed another firearms-related crime, like a drive-by shooting or robbery with a firearm, it is not too high a bar to meet to say that while that person is awaiting trial, for the safety of the victims, the community and our frontline police officers, they are going to be held behind bars.

That is appropriate. It is reasonable. It is what all premiers are calling for. It is what the police are calling for. It is what Canadians are calling for. Unfortunately, for three days in a row, we have asked the government, in good faith, to do something and correct the mistake it made. Will it change the bail laws so individuals, who should absolutely not be roaming our streets, committing crimes and murdering people, are held behind bars? It is crickets over there.

The Liberals said if the opposition wants to come up with something, they will consider it. They are almost victim blaming by saying the police and the provinces have a role. No, the Criminal Code is their job. We are calling on them and demanding that they do something to reform our broken Liberal bail system. They have to do it today.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

moved:

That, given that, after eight years of this government's soft on crime policies,

(i) violent crime has increased by 32%,

(ii) gang-related homicides have increased by 92%,

(iii) violent, repeat offenders are obtaining bail much more easily,

(iv) increasing daily acts of crime and violence are putting Canadians at risk,

(v) five Canadian police officers were killed in the line of duty in just one year,

the House call on the government to enact policies that prioritize the rights of victims and law-abiding citizens, namely:

(a) fix Canada's broken bail system by immediately repealing the elements enacted by 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, which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;

(b) strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail; and

(c) ensure that Canada's justice system puts the rights of law-abiding Canadians ahead of the rights of violent, repeat offenders.

Mr. Speaker, I will be splitting my time with the member for Fundy Royal.

There are two reasons we are here today talking about bail reform and violent crime.

The first reason is that Canadians across the country are growing increasingly alarmed by the violent crime wave impacting every major community and our rural communities across the country. Canadians are waking up every day to headlines of violent crime, police officers being murdered and people being murdered on public transit. That is why we are here. We hear their concerns and are here to represent them and demand change.

The second reason we are here today is to demand change from the Liberals, which have done absolutely nothing to address the violent crime surge in this country. They have taken no responsibility. They have made no commitments to Canadians that they are taking this seriously and will do anything about it. They have brought forward no new ideas on how to address the need for immediate bail reform in this country, address the violent crime surge in this country and address the repeat violent offenders who are being caught and released by police over and over again and who are wreaking havoc on our communities on a daily basis.

That is why we are here today. We want to talk about bail reform and crime for our Conservative opposition day motion, which was just outlined.

What I would say to Canadians is that it is not just in their heads that violent crime is going up. It is going up. In fact, it is up 32% in the last eight years under the Liberal Prime Minister. More than that, gang murders have almost doubled. They have gone up 92% in the eight years that the Liberal Prime Minister has been at the helm.

We have also seen, as I mentioned earlier, that police officers are being murdered on the job. There were five in the last number of months, particularly over the holidays. A young new constable in the Ontario police, Greg Pierzchala, was murdered by a violent repeat offender who was out on bail. He was shot and murdered by that man. That man also had a weapons prohibition order. He was deemed too dangerous to possess a firearm by our law system and had a long rap sheet of harming people in his community. This repeat violent offender was let out on bail, and then he murdered a young, innocent police officer over the holidays. That story, unfortunately, is becoming less and less unique in this country.

This is not just happening in Toronto. Of course, folks from Toronto will know better than I do that public transit is becoming less and less safe. In fact, increasingly, women are concerned about riding the subway because people are being murdered. There are teenagers swarming people and stabbing them to death. People are being lit on fire. People are being assaulted and pushed to the ground. We just saw a CBC reporter get assaulted and die. Four days earlier, an elderly woman had the same thing happen in Toronto. They were just walking down the street minding their own business and were murdered.

In Vancouver, the community is facing serious drug issues, with people face down in the street overdosing. It is horrible. I think everyone agrees that we need immediate action on that. We are also seeing terror inflicted on that community, on the most vulnerable communities and in Vancouver at large by a very small group of people. In fact, last year, 40 people were arrested 6,000 times. That means each of those 40 people was arrested 150 times in one calendar year. That is every two or three days, or sometimes multiple times a day. Police say they are sometimes arresting the same person committing violent acts twice in one day. Forty people were arrested 6,000 times. I think that is astounding, so I will keep repeating it. What kind of justice system do we have if 40 people can wreak havoc and commit 6,000 crimes in one year?

The bail system is broken in this country, and it is not just the Conservatives saying this. The Conservatives have been saying we need bail reform for quite some time, but it is also a non-partisan issue. It is also said by every single premier in Canada. It is all three premiers of the territories and all 10 premiers of the provinces, representing Conservatives, the NDP and Liberals. This is a non-partisan issue.

They all signed a historic letter to the Prime Minister in the last couple of weeks demanding bail reform. Do members know how difficult it is to get every region of the country to sign on to one letter and agree on a specific policy? It is pretty rare and very difficult, and they did that on their own volition. They came together, signed the letter and demanded bail reform from the Prime Minister. One would think we would have heard the Prime Minister call a press conference and say he is going to do something about this as every region in the country is concerned about it, but there were crickets. Nothing is happening on the Liberal benches.

Liberals have made no announcement and no commitment to bring in bail reform. When we have asked questions in question period, the Minister of Justice and Attorney General of Canada, the man tasked with the responsibility for the Criminal Code, says that is on police and provinces, blaming police and provinces for the issues in this country.

The minister says they are open to ideas. There is an idea right here from the premiers, every single premier in this country, in fact, and more ideas, if the Liberals would like them, from the Toronto police, the epicentre of violent crime in this country. The Toronto police penned a letter, on their own, to the Prime Minister of this country proposing three measures concerning bail. In fact, police associations across the country and municipal police forces are saying bail reform will save lives. That is what police are saying. Those are the frontline people putting their lives at risk for community safety, the ones dealing with violent repeat offenders, saying that we need bail reform and Canadian lives will be saved.

The data tells us that as well. I recently heard from Chief Myron Demkiw of the Toronto police, who said there were 44 murders by shooting in Toronto last year, 44 innocent lives taken by violent criminals using guns. Of those 44 murderers, 24 were out on bail. If our bail system was a little tougher on repeat violent offenders, 24 people would still be alive. Therefore, the data shows that the police are correct that bail reform would save lives, and yet there is nothing from the Liberal benches. They are not taking this seriously. They are taking no responsibility, and people are dying. I do not understand it. They are tasked with public safety.

The Minister of Public Safety spent the better part of January touring the country and talking to hunters about taking away the tools they use because the Liberals are getting tough on guns, as they say, gun control, on duck hunters, farmers and sport shooters. He spent considerable time and resources going to talk to hunters about taking their firearms away. Meanwhile, police officers are being murdered in Toronto. People are being murdered on the subway. Why was the public safety minister of Canada not touring our cities to talk to police about what they are facing on a daily basis? Where are the time and resources on that?

This is a Liberal government that is going to spend billions and billions of dollars going after people like me, people on these benches who have firearms legally and lawfully, who hunt and shoot with their families. That is what the Liberals are focused on. That is what all the resources are being focused on by the Liberal government when it comes to guns, for the most part. Meanwhile, people are being murdered by repeat violent offenders who continue to get bail. That falls at the feet of the Liberal government.

We can look at Bill C-75, a bail reform bill the Liberals brought forward a few years ago. When we talk to police, all those changes in policies that made it easier for repeat violent offenders to get bail are coming home to roost now. That is what we are hearing from the brave frontline police officers in this country.

We need to repeal the most harmful aspects of Bill C-75. That would be leadership from the Prime Minister: to get tough on crime, tough on the 40 people being arrested 6,000 times for violent crime in Vancouver, and ensure that we save 24 people in Toronto next year. The statistics are about the same every year in Toronto: Over half of the shooting murders are by people who are out on bail. Let us save those lives next year. That could be done in the next few months. That could be announced today by the Liberal government.

To conclude, the Conservatives have a tough-on-crime record. In fact, under Stephen Harper, in the 10 years he was Prime Minister, crime went down 26%. They brought forward 80 criminal justice bills. It was a top priority for Stephen Harper. In the eight years that the Liberal Prime Minister has been at the helm and in power in this country, violent crime reversed and went up 32%. There is a clear difference in approach to dealing with crime, and a Conservative government will be the one to save lives in Canada, get tough on crime, treat law-abiding citizens with respect, put victims' rights first and ensure that repeat violent offenders stay off our streets.

Justice

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, violent crime is rising because of the actions of this Liberal government. Under eight years of the Prime Minister, Canada has become a more dangerous place. Police are putting the blame on Liberal Bill C-75 that mandated judges to grant bail to dangerous repeat offenders with minimal conditions. The consequences of this have been fatal.

When will the Prime Minister finally take responsibility for his failure to protect Canadians and apologize to the victims of his reckless legislation?

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, in a number of important cases, the bail reform that we undertook in Bill C-75 made it harder to get bail. As I have said, we are open to any good proposal from the opposition, as well as from provinces and territories.

At a conference of federal, provincial and territorial justice ministers in the fall, I committed to that long before this became a hot issue in the House of Commons. We are working with the provinces and territories to look at legitimate suggestions for bail reform.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, last month, the OPP's Constable Greg Pierzchala was murdered by a violent criminal out on bail. Chief Myron Demkiw of the Toronto police said that this murder was senseless and preventable and that Canada needs bail reform. Unfortunately, access to bail for violent criminals was made easier by the Liberal government's Bill C-75. Countless Canadians have been harmed by the Liberal bail system; it must be reformed.

Will the Liberal government make that commitment today?

Criminal Code

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, I am pleased to take this opportunity today to speak to this legislation. I would like to start by recognizing the sponsors of the bill, the Hon. Senator Ataullahjan from the other House and our member for Sherwood Park—Fort Saskatchewan, for the leadership that they have shown on this important issue. I want to thank them, and it is encouraging to see a bill brought forward that can be supported across all party lines and in both Houses. I am excited to see this legislation come to fruition.

I will begin with how we view the human body, and the dignity and worth that we assign to that human body. My faith teaches me that every human being is created in the image of God and that there is sanctity and a sacredness to human life, including the physical body. That is why, unlike so many other ancient civilizations or religions, those who follow and have followed Christianity, Judaism or Islam have historically practised burial rather than cremation. There is the belief that, even after death, the human body remains important. Christianity and even some branches of Judaism teach that the body will one day be resurrected and transformed. As such, the body is of value and must be treated with care and respect, even after death.

If the human body is viewed as important, worthy of care and dignity, and sacred even in death, how much more should it be treated as sacrosanct while the human person is alive? Even those who reject the tenets of the three Abrahamic faiths would agree that the body after death should be treated with dignity. In fact, here in Canada we have laws that relate specifically to the handling of a human body after death. Section 182 of the Criminal Code of Canada makes it a criminal offence to improperly or indecently interfere with or offer any indignity to a dead human body, and there are similar laws around the globe. Why? It is because as humans we recognize there is a sacredness to humanity, including the physical body. Again, if treated with such dignity and reverence after death, how much more so while still alive?

For those who prefer a more humanistic argument, I would point the House toward Immanuel Kant and his piece, Groundwork of the Metaphysics of Morals, in which he casts the innate dignity of every human being as a categorical imperative. If we follow Kant, we must recognize that when a human organ becomes a commodity, a monetary value is placed on that organ. By assigning a monetary value to the organ, we essentially assign a monetary value to the individual who provided it. I am quite confident that we all agree with Kant, in this aspect, that putting a price on any part of a human being violates his or her intrinsic dignity.

Moreover, the removal of organs by force, under coercion or with consent, violates another Kantian principle: that of bodily autonomy. We hear a lot about bodily autonomy. We hear very different perspectives on what that entails, but there is a near-universal belief, at least in the western democracies, that what happens in an individual's body should be the sole purview of that individual or, in the case of young children, of their parents. Sadly, there are still individuals, criminal organizations and even some governments who refuse to respect the sanctity of the body.

No country officially endorses the practice of organ trafficking, but many turn a blind eye to this dehumanizing and often dangerous practice. In some cases, individuals, often those who live in poverty, sell their organs. In others, organs are obtained without the consent of a donor. An example of this would be what is happening in China with political prisoners, particularly people of faith. Again and again we have raised the plight of the Uighurs, practitioners of Falun Gong and Christians.

There have been many petitions presented in this House to that effect, with respect to individual groups who have been persecuted by China's brutal regime. Organ harvesting of these religious minorities by China is well documented. Typically, these extractions and the transplants themselves take place outside of national medical systems, so even assuming the donor is kept alive, which is never a guarantee, there is a high risk associated with the extraction and implantation of these organs, and as such these practices violate the sanctity and dignity of the human person. Therefore, we can all agree that human life is precious, and the body and the organs therein are worthy of the protection this legislation seeks to provide.

I am pleased that we are standing up for the value of human life. I wish we would also have the courage to show a similar concern and do what the Supreme Court of Canada instructed Parliament to do three decades ago, and finally enact legal protection for the preborn child in the womb. It is time we acted.

I am in favour of the bill's crackdown on foreign nationals who have been involved in organ trafficking attempting to come to Canada. I think that is good. It is high time that we crack down on who is allowed to come to Canada and who is not. However, I think that we need to be careful to differentiate between those who have been involved as traffickers and those who the traffickers may have exploited. If an individual has been involved in trafficking proper, that is, if they have facilitated or received monetary benefit from facilitating the illegal trafficking of organs, like those who traffic in drugs or slaves, that individual should not be admissible to Canada.

As an aside, I think it is reprehensible and hypocritical that the current government, even though it is supporting the legislation, also brought forward Bill C-75, which lowered the penalties for those involved in profiting from human trafficking. It is frankly absurd, and I hope some of the members on the opposite side see the disconnect, but any foreign nationals who traffic or profit from trafficking in human organs should not be admissible to Canada.

That said, as I read this legislation, I think that there should be a clear enough differentiation between traffickers and those who have willingly donated their own organs.

I am also a bit concerned about the first part of proposed subsection 4.2, where it says, “a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.?1 is deemed to commit that act or omission in Canada”. As far as it relates to this piece of legislation, I think it is good, but I understand and I have to admit that I do struggle a little with that portion for a couple of reasons. The first is that other countries are not Canada, and every country around the globe has its own laws and legal systems. In the same way that we would expect those who come to Canada to respect our laws, we also need to be willing to respect the laws of other countries.

I know there are good counter-arguments to that point. Many of them are excellent reasonable arguments, but I think that something needs to be said where we respect other jurisdictions.

I would like to reiterate again that I am happy we are having this discussion. I would like to see that handful of concerns addressed, but overall I am pleased to be supporting this legislation. Our party is pleased to support it.

I want to again thank the member for Sherwood Park—Fort Saskatchewan and Senator Ataullahjan for their hard work on this file. I am looking forward to supporting it.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Speaker, I rise today to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make other related amendments. While I have much to say on this bill, I want to briefly talk about some the failures of the Liberal government on crime in general and crime specifically.

Rural crime is a serious issue, and one that has been ignored by the Liberal government for far too long. In my area, in Haliburton County for example, incidents increased from 526 back in 2017 to 758 in 2021. Police are now trying to keep up with more people charged than in any of the previous four years.

The crime severity index, or CSI, is a measure of police-reported crime in which more serious crimes are given a higher weight in the overall measurement of all crimes. The index provides a picture of regional crime trends. In the case of Kawartha Lakes, specifically in Lindsay, the picture is not as good. Like Haliburton County, the CSI numbers for Lindsay in 2021 showed a significant increase compared to previous years. Lindsay's overall CSI was 93.1 last year, which is a jump of more than 20% over 2020, and is significantly higher than the country's CSI of 73.7 and nearly double the province's CSI of 56.21 for the same period.

Kawartha Lakes Police Service Chief Mark Mitchell described the increase as “death by 1,000 cuts”, referring to the lack of murders but an overall increase in other non-violent crimes. He further added, “Our calls for service were up 20% in 2021, our criminal charges were up 25%, break and enters, frauds were all significantly higher, and our theft charges were up 80% compared to the year before and the current year.”

I have spoken with residents who are afraid to walk in their community. They are afraid to basically be inside their own homes. They are frustrated and angry. These concerns came to a boiling point about a year ago at a community meeting I attended that was hosted by the Kawartha Lakes Police Service.

At the meeting, residents learned that the Ross Memorial Hospital's mental health program had already received roughly 1,700 referrals just this year. Concerns were raised about the impact the Central East Correctional Centre is having on the community. The John Howard Society noted the challenge given the number of those who have come to the area to support the incarcerated and those who are released into the community on their own recognizance, bail or after completing their sentence.

The Kawartha Lakes Police Service is doing everything it can, but the government is sadly making its job harder. While it was distressing to hear the first-hand stories shared by many in attendance, it was evident to me that Canada's justice system has failed those law-abiding citizens. Lindsay resident Al Hussey raised concerns about the victims of crime, asking, “When does the support start flowing to us?” He was speaking of the victims of crime such as the residents living next to known drug houses, the business and property owners who are being robbed and the people who are afraid to walk near certain areas of town.

It is true a small number of people are creating a disproportionate amount of work for our law enforcement agencies, the court system, social services and not-for-profit organizations. However, those who continually refuse help and continue to reoffend should not be repeatedly returned to the streets in a revolving door justice system.

A big part of this is linked to the passage of Bill C-75. In 2017, the Liberal government's legislation watered down penalties for over 100 serious crimes, including the use of date rape drugs, human trafficking and impaired driving causing bodily harm. Sadly, the government severely underestimated the heartbreaking impact this decision would have on individuals, communities and families. It is unacceptable that taxpayers are once again being forced to pay more while at the same time receiving a lower quality of life.

Police officers I speak with say that Bill C-75 is the root of much of the issue regarding the catch and release bail concepts through the ladder principle, a principle that instructs justice system actors to release the accused at the earliest opportunity under the least restrictive conditions.

I firmly believe that serious crimes deserve serious penalties. Most importantly, the law should always put the rights of victims and law-abiding citizens above dangerous or reoffending criminals.

It is clear that Bill C-75 has hurt our community. To that end, I recognize that federal lawmakers must make bold changes to our criminal justice system. New methods, such as restorative justice, should be expanded, especially for those who show a desire to be rehabilitated and released as productive members of our society.

This brings me to Bill S-4. It may come as no surprise to anyone listening that the first thing I looked at was how much this bill would impact crime in the communities I represent and how it would impact those victims of crimes. The impetus for this bill is born from the increasing backlog facing the court system here in Canada. I believe we all have stories about that.

The judicial system has been facing a series of delays in cases proceeding to trial, which has been exacerbated by COVID. This is not lost on us here in the official opposition. We have continuously raised concerns about the delays and the potential for criminals to walk free due to the Supreme Court's Jordan decision, which said that no more than 18 months can pass between laying a charge and the end of the trial case in provincial courts or 30 months for cases in superior courts. We have raised our concerns in the House and in the media.

It was the Conservatives who called for a study into the impacts of COVID–19 on the judicial system at the Standing Committee on Justice and Human Rights. Now Bill S-4 hopes to alleviate this backlog through several initiatives. It will amend the process for peace officers to obtain warrants without appearing in person, will expand the provisions to fingerprint the accused later should fingerprints not previously have been taken at the time of arrest, and will allow the courts to deal with administrative matters for accused persons not represented by lawyers.

Of these provisions I have no issue. Anything to move the process along that does not diminish the rights of the accused persons or victims or brings the justice system into disrepute is a good thing. I expect that these initiatives will be thoroughly examined at committee and perhaps even acted on.

However, I do have concerns, perhaps cautions is a better word, with the remaining provisions in the legislation, particularly around the expansion of the accused's ability to appear remotely by audio or video conference and to allow the participation of prospective jurors in the jury selection process by video conference. I would caution the members at committee to pay particular attention to the rights of victims and those citizens who are doing their duty as jurors.

We must ensure that the anonymity of jurors is protected. Technology has come a long way and the risk that recognition software might compromise jurors and risk the integrity of the trial is a real concern.

We must also take into consideration the impact of the expansion of telecommunication options, particularly when allowing accused persons to call in using a phone, which may impact the healing process for victims and their families. The bill will permit an offender to appear remotely for sentencing purposes. This measure would require the consent of the criminal prosecutor. The court would also weigh the rights of the offender to have a fair public hearing.

Nowhere is the victim asked or required to consent to the offender being allowed to call in for his or her sentence. The balance of rights in the court process is already heavily weighted in favour of the accused and I am afraid that Bill S-4 tips the scale even further.

That reminds me of another failure of the Liberal government, which is the delay in the filling of long vacancies, such as the federal ombudsman for victims of crime. Without that person in place, Bill S-4 will not be critically analyzed by a key advocate for victims to advise on how the bill will impact victims of crime.

Conservatives remain steadfast in our commitment to victims of crime and will ensure that legislation like Bill S-4 helps victims and their families in their pursuit of justice. We will stand up for law-abiding Canadians to ensure communities remain safe places to live and that delays in the court process do not allow criminals to walk free.

With that, I look forward to questions from my colleagues.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, it is wonderful to be here this afternoon and rise to speak on Bill S-4, a bill that demonstrates co-operation on a jurisdictional basis with the provinces, and a bill that moves our justice system forward so Canadians know our justice system is accessible, efficient and effective, and provides true access to justice for all Canadians from coast to coast to coast. It is with much pleasure that I rise to speak to the bill.

I am pleased to be here and to have the opportunity to provide an overview of some of the key areas of reform proposed in Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts.

Informed by federal, provincial and territorial dialogue and key stakeholder input, the proposed amendments are intended to mitigate the impact of court delays on accused persons and on victims by supporting the efficient and effective operation of the criminal courts during and in the aftermath of the pandemic. They are designed to enhance the courts' ability to ensure that their operations respect both public health concerns for all participants in the criminal justice system and the charter rights of accused persons to be tried within a reasonable time in order to maintain public confidence in our justice system.

The proposed amendments are based on the following criteria: One, they were critical to increasing the efficiency of the criminal justice system during the conditions of the pandemic; two, they address the current impediments to efficiency in the Criminal Code; three, they would have little or no prejudicial impact on accused persons; four, they are likely to receive broad-based parliamentary support; and five, they would result in amendments to the Criminal Code that would continue to provide efficiencies post pandemic.

The pandemic significantly impacted the operation of the criminal courts in Canada, as we all know, with courts either temporarily closing or severely restricting their operations due to public health orders. Furthermore, the pandemic exposed weaknesses in our criminal court system that can be fixed by providing remote access to proceedings under special circumstances. Bill S-4 would go beyond correcting for issues discovered during the pandemic and would make the justice process in Canada more efficient and accessible.

Bill S-4 addresses issues that the COVID-19 pandemic has brought to light regarding the ways in which criminal trials are conducted in this country. It also builds on past government initiatives, including Bill C-75 from a previous Parliament, which came into force in 2019 and made significant progress in modernizing our criminal justice system, including by facilitating the appearance of accused persons, lawyers and judges by audio or video conference throughout the criminal justice process.

Criminal justice is an area of shared jurisdiction, and co-operation with provincial and territorial partners is key. Parliament has exclusive authority to enact criminal law, including criminal procedure. Provinces and territories have jurisdiction over the administration of justice, including criminal courts.

While the courts and criminal justice professionals are, for the most part, managing to maintain essential services in the criminal justice process during the pandemic, accused persons, offenders, victims and witnesses are nonetheless being impacted by delays.

While many challenges facing the criminal courts have been operational in nature, some have arisen due to legislative impediments in the Criminal Code. Consequently, the pandemic has revealed the need for a number of amendments to the Criminal Code to provide clarity to the courts on issues that have arisen and to make the criminal process more efficient and effective by expanding the permissible use of technology during the pandemic, for the recuperation period and beyond. These proposed reforms are for the benefit of all participants in the criminal justice system.

Bill S-4 would modernize our criminal justice system by employing video conference and audio conference technology to accommodate for pandemic-era challenges, and it would equip our courts to handle similar challenges that may arise in the future. Furthermore, we would improve all Canadians' access to justice.

The bill would not change the principle that all persons involved in the criminal justice process must physically appear in person unless otherwise authorized under the Criminal Code. Courts will still have discretion in this area. However, this bill would ensure that the judicial process is not unduly stalled, by permitting remote conference options under extenuating circumstances.

Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of all participants.

The reforms proposed in Bill S-4 flow from the important work of the Action Committee on Court Operations in Response to COVID-19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.

Since March 2020, the Minister of Justice and Attorney General of Canada has engaged regularly on the impacts of the pandemic on criminal courts with provincial and territorial ministers responsible for justice and public safety. The proposed amendments take into consideration input received from provinces, territories and other key stakeholders.

In addition, the Minister of Justice and Attorney General of Canada has continued to be kept apprised of the challenges faced by courts across Canada in his role as co-chair of the Action Committee on Court Operations in Response to COVID-19. These discussions have all informed the proposed changes introduced in the bill.

A more efficient justice system will benefit all Canadians. I ask that all members of this House support the quick passage of the bill. I believe Bill S-4 helps transform and modernize our criminal justice system while ensuring respect for all persons involved in the criminal court process, including accused persons and prospective jurors.

I am confident Bill S-4 and the proposed reforms will improve our criminal justice system while facilitating careful oversight by the courts to ensure that the rights of accused persons and offenders are protected.

The gist of this bill, its main purpose, is that Canadians deserve a justice system that is accessible, efficient and effective, and that provides access to justice for all. I thank everyone for allowing me the time to speak on a very important bill for all Canadians.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, the bill does not cover everything. That is another complaint from the Barreau du Québec: There should be an in-depth review of the criminal and penal system, rather than doing it bit by bit.

In the previous Parliament, the House considered Bill C‑23, which is a previous incarnation. Before that, there were bills C‑75 and C‑5. The Criminal Code is always reviewed piecemeal, turning it into a massive, inscrutable tome with sections that refer three sections ahead and eight sections back and a bunch of case law to help understand what is going on. It is impossible to make heads or tails of.

I agree wholeheartedly with the idea of a more comprehensive review of the Criminal Code. On the issue of connectivity, yes, adding more telecommunications may be a good idea, but it will not apply everywhere, unfortunately.

As for legal aid, even though it is not under federal jurisdiction, I think there is always room for discussion, because there are disparities between the provinces.

[Jenica Atwin, Liberal, Fredericton, NB]

Madam Speaker, I will be sharing my time with the member for Edmonton Strathcona.

I am pleased today to have an opportunity to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts on the COVID-19 response and other measures. This bill would increase our justice system's efficiency and ensure that all Canadians have equal access.

The COVID-19 pandemic altered our everyday lives, including necessitating new ways of accessing the criminal justice system. The solutions invented to accommodate our circumstances proved efficient and should be used going forward to optimize the ways in which criminal trials are conducted in Canada. This bill's proposed amendments support the increased use of technology in criminal courts across Canada. This has a variety of applications, such as the use of technology in the jury selection process, remote participation of prospective jurors and remote appearances for accused persons and offenders.

I want to focus first on the amendments relating to the jury selection process. The amendments would enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way. When a court allows prospective jurors to participate by video conference, it will be an individual's choice whether they want to participate in person or remotely.

Importantly, Bill S-4 accompanies the government's efforts to increase remote Internet access across our country and close the digital divide. However, while we work toward efficient Canada-wide Internet access, there are measures in place to help individuals who may not have optimal connection. When the court requires prospective jurors to participate in the jury selection process by video conference, it would need to approve a location equipped with the technological infrastructure for them to participate by those means, such as a community centre or courtroom set up with the requisite equipment.

If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from other locations, such their homes or offices, if they choose to participate that way. However, in this case, the court would also need to provide the option for prospective jurors to participate in the jury selection process in person.

These amendments would help our jury system represent the face of Canada. Increased representativeness would be ensured by first reducing the barrier of attending in person. Prospective jurors living in rural or remote areas would enjoy minimized travel time and costs, and those who need to find child care or who hold precarious employment would experience reduced time required to find alternative child care or time needed off work. It would also reduce emissions, I will add.

Second, the changes would ensure that persons who do not have access to adequate video conferencing technology, or who have limited understanding of the technology itself, would continue to be able to participate in the jury selection process and ultimately form part of the trial jury. These are critical measures to bridge discrepancies in Internet access while we work to shore up connection across Canada, including in my home province of New Brunswick.

In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill would improve access to justice and efficiencies in our criminal courts. For example, Bill S-4 would expand the power of courts to make case management rules to allow court personnel to deal directly with unrepresented accused persons on administrative matters for out-of-court proceedings. Currently this is only permitted if the accused person is represented by counsel. This may represent a relatively small change to the Criminal Code, but I believe it would go a long way to improving access to justice for unrepresented accused persons.

It is very important to note that these uses of technology are optional and subject to the judge's discretion, as opposed to being mandatory. I want to stress this point. These measures would assist courts in continuing to deliver justice in an effective and efficient way. The proposed reforms would also better equip courts with the tools to keep things moving during challenging times, because of a pandemic, a flood or any other situation that could hinder physical access to the courts in the future. While these reforms may be relied on in a more significant way in managing exceptional and emergency circumstances, they would not be limited to such circumstances. They would apply on a permanent basis to ensure that the options to use technology continue to be available to our courts for years to come.

Another important element of increased efficiency in this bill pertains to digital fingerprinting. Bill S-4 would amend the Criminal Code to allow a court to issue a summons for fingerprinting if an accused was previously required to appear but such identification was not completed for exceptional reasons. In addition, courts would be able to make an order for the fingerprinting of an accused person being released on bail. These reforms would facilitate the efficient collection of fingerprints, which is critical for the smooth functioning of our court system. When courts operate efficiently, more Canadians access justice and our country is better off.

The expanded telewarrant system is also critical. Expanding the possibility of obtaining a greater number of search warrants and other judicial authorizations by means of telecommunication would contribute to efficiency gains in the criminal justice system by reducing the need for in-person attendance and physical delivery of search warrant applications by law enforcement. Indeed courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.

Subsection 800(2.1) has, since 1997, authorized summary conviction trials by video for accused persons in custody. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999.

Bill C-75, which was passed by the House in 2019, modernized and facilitated some appearances by audio or video conferences of all persons involved in criminal cases, including judges, under certain circumstances.

Rather than overhauling criminal procedure, Bill S-4 continues to permit proceedings by remote appearance. This bill picks up where Bill C-75 left off, in light of the experience gained and the questions that arose with the use of technology in the criminal courts during the pandemic.

I would like to personalize this for a bit, if I may. Before I joined the House, my work was centred on supporting youth at risk in the education system. From time to time, students would find themselves interacting with the justice system. I had the opportunity to help them navigate these public institutions, understand their rights, and when the circumstances permitted, to also pursue justice. I remember a particularly frustrating time in which unnecessary delays prolonged the personal suffering of a survivor of sexual assault, adding to their trauma. I remember the anger and frustration this evoked and the feelings of helplessness for all involved.

Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can be used to help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of participants.

The reforms proposed in Bill S-4 flow from the important work of the action committee on court operations in response to COVID–19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.

Bill S-4 is an example of how we can improve the legal system, but there are other ways we can also discuss pushing things forward. I would like to mention restorative justice, which is an approach that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about it and address their needs in the aftermath of a crime.

It will invest in programs for first nations and indigenous courts as well, creating more pathways for healing by including indigenous knowledge and traditions, restorative justice practices and elders in the court process.

It will reform how sexual assault cases are prosecuted in Canada through a feminist equality lens.

It will ensure that everyone, regardless of income level, should be able to use the remedies that Canadian laws and the Canadian legal system provide.

It focuses on a system truly built on preventing youth crime by addressing its underlying causes, responding to the needs of young persons, and providing guidance and support.

Without continuing our work on multiple fronts, we cannot claim that there will be true justice for anyone who is involved in legal proceedings. Bill S-4 is part of the solution, and we need to continue to build on it to restore confidence in our legal system.

In 2022, the national justice survey revealed that 49% of Canadians are not confident the Canadian criminal justice system is fair to all people, and that 39% think it is not accessible to all. These numbers are incredibly alarming, and Bill S-4 is a step in the right direction.

In conclusion, Bill S-4's measures are both practical and necessary. They would assist the provinces and territories, which are responsible for the criminal administration of justice, by giving criminal courts additional tools to tackle delays. They would also benefit everyday court users. For these reasons, I urge everyone in the House to support Bill S-4.

[Irek Kusmierczyk, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I will be sharing my time today with the member for Outremont.

I am pleased to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts. Bill S-4 addresses issues that the COVID–19 pandemic has brought to light regarding the ways in which criminal trials are conducted in this country. It also builds on past government initiatives, including Bill C-75, which came into force in 2019 and made significant progress in modernizing our criminal justice system, including by facilitating the appearance of accused persons, lawyers and judges by audioconference or video conference throughout the criminal justice process. Bill C-75 also enacted Criminal Code amendments to improve the jury selection process.

Bill S-4's amendments support the increased use of technology in criminal courts across Canada, including in the following areas: remote appearances for accused persons and offenders, remote participation of prospective jurors and the use of technology in a jury selection process. My remarks today will focus on the amendments relating to the use of technology during the jury selection process.

As many members know, a jury is a group of randomly selected citizens who act as the fact-finders in criminal trials, replacing the judge in this role when accused persons exercise their subsection 11(f) charter right to a jury trial after being charged with certain offences. It is the civic duty of all Canadians over the age of 18 to serve on a jury if selected. Jurors make critical contributions to the criminal justice system in Canada, and the Supreme Court of Canada has held that a jury reflects the common sense, values and conscience of the community.

Subsection 11(d) of the charter also guarantees an accused person an independent, impartial and representative jury. The Criminal Code sets out the procedural rules regulating jury trials and jury selection and includes safeguards that reflect this charter right.

The jury selection process is a hearing held for the purposes of selecting qualified members to form the jury. Typically, persons referred to as prospective jurors are identified and summoned in accordance with provincial or territorial laws, and directed to attend at a specified courthouse or other location at a specified date and time in order to partake in a jury selection process. Being summoned for jury duty does not necessarily mean that a person will be asked to serve on the jury. However, compliance with the summons is mandatory, and people may only be excused from jury duty for certain reasons, including where it would cause personal hardship for them to serve.

The COVID–19 pandemic and public health requirements for physical distancing posed significant challenges for the jury selection process since it sometimes involves several hundred people being physically present in the same location at the same time. Bill S-4's amendments provide courts with the flexibility to hold jury selection processes with prospective jurors appearing by video conference rather than in person. These amendments aim to not only address the challenges caused by the pandemic, but also optimize the jury selection process beyond the pandemic and moving forward.

Importantly, a key aspect of Bill S-4 will be increased efficiency of the justice system, facilitated by the use of technology. The amendments enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way.

Where a court allows a prospective juror to participate by video conference, it would be that individual's choice whether they want to participate in person or remotely. Where the court requires prospective jurors to participate in a jury selection process by video conference, it will need to approve a location that is equipped with the technological infrastructure for them to participate by those means, such as a community centre or a courtroom set up with the requisite equipment.

If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from another location, such their home or office, if they choose to participate that way. However, in this case, the court will also need to provide the option for prospective jurors to participate in the jury selection process in person.

These amendments aim to maintain the representativeness of the jury selection process in two ways.

First, they facilitate the participation of persons in the jury selection process by reducing the burdens and barriers of attending in person. Although participating by video conference from home or the office would not eliminate the need to take time off work, it would likely lessen the time commitment required compared to commuting to the courthouse and waiting sometimes several hours for the process to commence. This can facilitate the participation of prospective jurors living in rural or remote areas by minimizing travel time and costs, and help those who need to find child care or who hold precarious employment by reducing the time required for child care or the time they need to take off work. These changes would both reduce the burden for individual jurors and enhance the efficiency of the overall system.

Second, the changes would ensure that persons who do not have access to adequate video conferencing technology or who have a limited understanding of the technology will continue to be able to participate in the jury selection process and ultimately form part of the trial's jury.

Our government recognizes that there is a digital divide in Canada and that many Canadians, particularly those in rural and remote areas, do not have adequate access to a high-speed and stable Internet connection. Although the government is committed to closing the divide, the amendments would ensure that at least a properly equipped location or an option to appear in person will always be available to prospective jurors to ensure participation by as many Canadians as possible.

The bill's amendments to the jury selection process also include important safeguards. As mentioned previously, prior to permitting or acquiring prospective jurors to participate by video conference, both the accused person and the prosecutor will need to consent to such an order being made. Also, the court will need to determine that making such an order is appropriate by considering listed factors, including the challenges related to the in-person participation of prospective jurors, their privacy and security, and the accused person's right to a fair and public hearing.

I would also like to take a moment to touch on the related proposals that would permit the use of electronic or automated means to randomly select prospective jurors during the jury selection process. The current process is both time- and resource-intensive, as it requires a large number of physical cards with juror identification information on them to be manually created for each prospective juror and then manually drawn as well. This amendment would provide courts with the option of a more efficient and less resource-draining process. Along with the amendments previously discussed, it also aims to optimize the jury selection process beyond the COVID-19 pandemic.

I believe this bill helps transform and modernize our criminal justice system while ensuring respect for all persons involved in the criminal court process, including accused persons and prospective jurors. A more efficient justice system will benefit all Canadians, and I ask that all members of the House support the passage of this bill as quickly as possible.

[Ken McDonald, Liberal, Avalon, NL]

Madam Speaker, it is always a pleasure to stand in this place to represent the constituents of Avalon. I am pleased to have the opportunity to provide an overview of some of the key areas of reform proposed in Bill S-4, an act that would amend the Criminal Code and the Identification of Criminals Act and make related amendments to other acts.

Bill S-4 would increase the efficiency and effectiveness of criminal proceedings by giving courts more flexibility and clarity in response to the particular challenges that arose in the pandemic. When the COVID-19 pandemic began, the remote appearance provisions in the Criminal Code had just been reformed through a former bill, Bill C-75, in 2019. Those amendments had been informed by the 2013 report of the Steering Committee on Justice Efficiencies and Access to the Justice System, entitled “Report on the Use of Technology in the Criminal Justice System”, as well as consultations with provincial and territorial governments.

Bill S-4 continues to build on those reforms, taking into account new calls for reform by those working in the criminal justice system during the pandemic and courts' experiences with the increased use of technology that occurred as a result.

My remarks today will focus on the necessity of the proposed amendments relating to remote proceedings, which represent a continuation of existing legal practices here in Canada.

Prior to the COVID-19 pandemic, criminal court proceedings were presumptively held in person. Remote appearances were permitted under the Criminal Code but were very much the exception. There were provisions in the Criminal Code to allow people to attend some proceedings by way of audio or visual connection, but since they were not routinely used, legal clarification or guidance was needed.

The pandemic had an abrupt and immediate effect on the operation of courts, as courts across Canada shut down for periods of time and had to figure out how to operate without in-person attendance or with very limited in-person attendance. To cope with the pandemic and maintain the administration of justice, including maintaining access to the courts, courts around the country pivoted away from in-person appearances and held numerous hearings and matters in a virtual space.

The COVID-19 pandemic forced changes to how courts operate. Unrestricted in-person appearances were no longer permitted, and initially courts were forced to adjourn the majority of appearances, ranging from pleas to trials. This created a backlog of cases in the court system that still needed to be heard, regardless of the circumstances of the pandemic. In many cases, having participants appear by video conference when possible allowed court operations to resume.

However, even with courts adapting and modernizing to address the challenges they faced during the pandemic, many remain unable to operate at their prepandemic capacity. Indeed, the median length of time for an adult case to resolve in criminal court increased when compared with prepandemic levels. Further complicating matters was the fact that the number of adult criminal court cases that exceeded the presumptive time limits set out by the Supreme Court of Canada in Jordan had increased significantly since the onset of the pandemic.

Bill S-4 targets changes to the Criminal Code that would give courts increased flexibility in how they hold criminal proceedings and how they issue orders such as search warrants and production orders in the context of an investigation. These changes are needed to address the ongoing pressures on the criminal court system brought to light by the COVID-19 pandemic and enhance access to justice for all Canadians, now and in the future. A key impact of these provisions would be a more efficient justice system that is equipped to serve Canadians and address the backlog of cases caused by the pandemic.

Allowing and continuing remote appearances is not just about responding to the COVID-19 pandemic. Remote appearances would provide greater flexibility for courts to continue proceedings when it is not possible to do so in person for other reasons, such as natural disasters. During its study of the bill, the Standing Senate Committee on Legal and Constitutional Affairs heard witness testimony about the closure of the Calgary courthouse during the floods of 2013. Due to the natural disaster, the court was forced to close proceedings for a period of time. Matters could not be heard and were adjourned.

The changes proposed in Bill S-4 make clear that certain proceedings can move ahead by audio or visual conference, even when in-person attendance is not possible or safe, allowing courts to operate as efficiently as possible in the interest of all participants in the criminal justice system.

While there has been acceptance of proceedings occurring by way of audio or video conference, the reforms included in Bill S-4 do not seek to make this the norm or default. Indeed, as before, the principle set out in the Criminal Code will continue to be: “Except as otherwise provided... a person who appears at, participates in or presides at a proceeding shall do so in person.” This principle would not change. Rather than upending the legal system, the bill would continue to allow the flexibility of proceedings in a manner that makes sense in the circumstances, with appropriate safeguards built in.

When considering whether to authorize remote proceedings, courts will be obligated to consider the impact on the safety of the participants, while supporting greater access to justice moving forward, including for those living in remote communities. Courts would also be required to ensure that decisions to authorize remote appearances are exercised in accordance with the charter, including the right of an accused person to make full answer and defence, and to have a fair and public hearing.

While Bill S-4 would clarify and expand when remote appearances are possible, it would not be the first to introduce these concepts into the Criminal Code. At committee, there were some concerns expressed over a judge's ability to assess the credibility of witnesses and accused persons during remote proceedings, as well as the importance of protecting an accused person's ability to face their accuser.

While these are important considerations the court must turn its mind to in each case, they are not unique to the provisions Bill S-4 would amend. Indeed, courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.

Subsection 800(2.1) has authorized summary conviction trials by video for in-custody accused since 1997. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999. Bill C-75, which was passed by this House in 2019, modernized and facilitated some appearances by audio and video conference of all persons involved in criminal cases, including judges, under certain circumstances.

Rather than overhauling criminal procedure, Bill S-4 would continue to permit proceedings by remote appearance. The bill would pick up where Bill C-75 left off, in light of the experience that was gained and the questions that arose with use of technology in the criminal courts during the pandemic. Bill S-4 would make practical and necessary amendments to the Criminal Code. These amendments would facilitate efficient operation of the criminal courts and have a direct impact on people who need or want to access the criminal justice system. The bill is not intended to make remote trials and hearings the norm, but rather would give the courts the flexibility to proceed in this manner when it is appropriate under the circumstances and where the technology exists.

These are limited but necessary reforms that have been developed in consultation with the provinces and territories and take into consideration the views of stakeholders. I am confident the bill and the proposed reforms would improve efficiencies in our criminal justice system while still providing careful oversight by the courts to ensure that the rights of accused persons and offenders are protected with the use of technology.

For these reasons, I urge all members to support Bill S-4.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Madam Speaker, I will repeat a question that seemed important to the Quebec bar association, which made a few recommendations concerning Bill S-4. Some of them were accepted, which is good.

In the House, we studied Bill C-75 to amend the Criminal Code and the Youth Criminal Justice Act. We also studied Bill C-5 to amend the Criminal Code and the Controlled Drugs and Substances Act. Now we are studying Bill S-4, and the Quebec bar association made what we think is a very wise recommendation about this bill. Rather than make changes piecemeal, would it not be time for an overall reform that includes all of these changes? It is a question of consistency.

Does my colleague agree?