Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)

An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to, among other things,
(a) establish an independent body to be called the Miscarriage of Justice Review Commission;
(b) replace the review process set out in Part XXI.1 with a process in which applications for reviews of findings and verdicts on the grounds of miscarriage of justice are made to the Commission instead of to the Minister of Justice;
(c) confer on the Commission powers of investigation to carry out its functions;
(d) provide that the Commission may direct a new trial or hearing or refer a matter to the court of appeal if it has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so;
(e) authorize the Commission to provide supports to applicants in need and to provide the public, including potential applicants, with information about its mandate and miscarriages of justice; and
(f) require the Commission to make and publish policies and to present and publish annual reports that include demographic and performance measurement data.
The enactment also makes consequential amendments to other Acts and repeals the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-40s:

C-40 (2017) Law Appropriation Act No. 5, 2016-17
C-40 (2014) Law Rouge National Urban Park Act
C-40 (2012) Law Appropriation Act No. 2, 2012-13
C-40 (2010) Law Celebrating Canada's Seniors Act

Votes

June 17, 2024 Passed Concurrence at report stage of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)
June 17, 2024 Failed Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews) (report stage amendment)
June 11, 2024 Passed Time allocation for Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)

Polish Heritage MonthPrivate Members' Business

February 1st, 2024 / 5:55 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, it is a great pleasure for me to speak to Motion No. 75. It is also a great pleasure to see you back in the chair and to see your smiling face again.

It is only right for us to adopt this motion. There is just one question we should be asking ourselves. Given how long the Polish people and Polish culture have been contributing strength and vitality to our societies, and given that they originated many of the institutions that exist in our society, why has this not been done before? It is never too late to do the right thing, so let us get to it. We will vote in favour of the motion to recognize the outstanding contributions the Polish nation has made to the Canadian and Quebec nations.

As members know, a lot of people in Poland speak French, which creates a special bond between Quebeckers and the Polish people. It draws us closer together. A total of 79,000 people in Quebec, 55,000 of whom were born there, claim Polish ancestry. That is a lot of people, and we share a history, because they have been here for a long time.

I know that sometimes my colleagues in the House get tired of hearing us talk about the history of Quebec and the important milestones, but we talk about it all the time because we know that, deep down, our colleagues really like hearing it. When we talk about the milestones associated with the Quiet Revolution, the Charter of the French Language, and so on, it should be noted that people of Polish descent were there with us. They have been living in Quebec since 1752.

At that time, in 1752, this land was still New France, not Canada. Dominique Debartzch, a fur trader, arrived in 1752. Charles Blaskowitz followed soon after in 1757. These people began contributing to our collective wealth in the New France era. That is amazing.

My colleague also mentioned one of the most remarkable individuals who founded the Polish Institute of Arts and Sciences in Canada, an important institution in Quebec, in 1943. I am talking about Wanda Stachiewicz. Before arriving in Quebec, she was a member of the resistance. I would also point out that she was a mother of three. I would like the members present, and anyone else who is tuning in, especially anyone who is a parent, to take a few seconds to imagine what that might be like. Even those who are not parents can still imagine what it must have been like to be a member of the resistance during the Second World War, while at the same time having three children to care for.

These people left their homeland to come here, not always by choice. We are pleased that they stayed, obviously, but it is important to understand the sacrifice, the burden, and to recognize this value. I do not think I am wrong to say today that the Polish people probably understand the value of independence better than any other people, because they have lost it several times, because it was threatened with violence, with occupation. It takes a lot of resilience to withstand that. I commend them for their strength, their courage and their tenacity. I tip my hat to them and thank them for participating in building a better society here and now.

The people of Poland are such a big part of Quebec culture that they are also part of our literature. I want to mention a famous novel by Arlette Cousture, Ces enfants d'ailleurs, which tells the story of a family who flee their homeland to come live here, near a wide river, in the colourful and inviting city of Montreal. Some of that colour is supplied by the Polish community. At the end of the day, it makes for a beautiful mosaic.

I am very happy to contribute to making May 3 “Polish Constitution Day” and the month of May every year “Polish Heritage Month”.

I willingly promise to participate in the celebrations, and I invite everyone to join in. Obviously, they will commemorate May 3, 1791, the date on which the Polish constitution was adopted, some 20 years after the disgraceful partition of the Polish territory by Russia and Germany. The Polish constitution was inspired by the French Revolution and the Enlightenment, which is based on the values of reason, freedom and the rule of law. I mentioned it earlier, but I want to reiterate that these people really know the meaning of independence.

Of course, at the same time, in Quebec, we were following a very different path. Far be it from me to compare Quebeckers' experience with that of the Polish people. What we experienced was not as intense, but we share a common pursuit of growing, thriving and becoming independent as a nation. I am sure that when that day comes, we will get there with the help of Quebec's Polish community, which will continue to enrich our history and our lives.

We are going to vote in favour of the motion, but there is one small concern. It is about the wording, which I think has a Canadian slant. It refers to the idea of multiculturalism, as if we are drowning in it. Quebec's vision is not in opposition to that, it is just different. Our vision is interculturalism. We know that the people of Poland have contributed plenty of richness to Quebec, and there are aspects that we need to integrate into our values. They are generous and hard-working. We are happy to live alongside them, and I am very grateful to them.

Our respective societies, as Canadians and Quebeckers, who share this Parliament for the time being, are more than happy to celebrate the Polish nation. The Bloc Québécois will be enthusiastically voting in favour of this motion and celebrating the richness of this culture. It is important to recognize other peoples.

Certain members may have been offended by my talk of Quebec's political independence this evening. It bothers some people, but others are used to it. Those of us hoping things might be different someday might have to talk to each other. Just today, in fact, a federal commission was struck pursuant to Bill C‑40, and there is no requirement for its judges to be bilingual. I do not think that should happen in a country with two official languages, French and English, yet it does. I saw it on my news feed, and I could not help but talk about the words of my colleague from Rivière‑du‑Nord, who represents the Bloc Québécois at the Standing Committee on Justice and Human Rights and who spoke out against that.

Anyway, we think celebrating people of Polish origin is absolutely fantastic. We are happy to live with them and grow with them because, now that we live together, we have shared lives, shared experiences. That is how we build a just and equitable society. I also want to comment on their recognition of the principle of independence, which we believe in, too, of course, and we hope for that same experience in a sovereign Quebec.

With the bit of time I have left, I am going to take a risk. I hope, if people can hear me, that they will excuse my accent. Dobry wieczór, pozdrawiam i dziękuję.

I will translate what I just said to make sure it was understood. I just said, “Good evening, best regards and thank you”.

Fall Economic Statement Implementation Act, 2023Government Orders

January 30th, 2024 / 12:05 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, this is a difficult moment for me, not because I had to find a new seat near the exit, not because it took me two tries to get to Ottawa because of the fog and not because I come from an Irish family of criers, but because it is really a moving moment for me.

I want to thank the member for LaSalle—Émard—Verdun for the friendship we have developed in the House. He has a great record of accomplishment, about which he spoke, but I want to point out something someone asked me on the plane last night, and that was how I could go to work in such a negative place. My response was that, unfortunately, all people see is question period, which is theatre, where people have other agendas they are pursuing, but they do not see the hard work that goes on behind the scenes, the co-operation and the friendships that are built. I really meant that, and the member for LaSalle—Émard—Verdun is a great example of this.

I made a quick list, because I had 15-minutes notice that I had this opportunity, on the number of things he and I worked on together and his willingness to take action to ensure we improved the justice system in Canada, in particular for indigenous people and the work he did on Bill C-5 to reduce mandatory minimums, which fall very hard on the most marginalized in our society.

He mentioned the conversion therapy ban. His work with the leader of the Conservatives and all parties meant we were able to pass that ban unanimously, something which I remain very proud of the House for doing.

He worked on Bill C-40, with which we are not quite finished, on the miscarriages of justice commission. Again, miscarriages of justice fall very hard on the most marginalized, particularly indigenous women. My pledge to him is that I will work as hard as I can to get that done, hopefully by the end of this month. We only have a couple of days, but I think we can get that done.

He also helped shepherd medical assistance in dying legislation through the House when I was initially the NDP critic. This was the most difficult issue in my 13 years here because of the very strong feelings on all sides of the issue. The minister always demonstrated his ability to listen, to be empathetic and to try to find solutions that would keep us all together on this very important issue about reducing suffering at the end of life, not just for the person but for the families of people who need that assistance at the end.

One last one is that I approached the minister about the publication ban on survivors of sexual assault and how many of them felt stifled by the publication ban. He asked what we could do to fix it. Eventually he agreed to add the ability to lift the publication ban in Bill S-12, and it came to the House. This was an example of how, when I approached him with an idea and a problem, he always looked for solutions and a way to bring us all together.

I know he will continue to contribute to Canada once he leaves the House, though I am not sure in exactly what way or if he is sure in exactly what way. He is one of the finest members of Parliament I have ever had the privilege to work with, and I thank him for his contributions here.

Fall Economic Statement Implementation Act, 2023Government Orders

January 30th, 2024 / 11:45 a.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Speaker, today, I am stepping down. This is my last speech in the House. I would like to begin by thanking the voters in LaSalle—Émard—Verdun for entrusting me, three times, with the responsibility of representing them in the House.

I am also leaving my academic home, the Faculty of Law at McGill University. Leaving both institutions makes this a very emotional day for me.

Serving as a member, as parliamentary secretary and as Minister of Justice was the pinnacle of my professional career and I loved every minute of it.

That is what I want to talk about with friends today in this place. It is a series of moments that are indelibly etched in my brain and my heart, ranging from laughter to tears and everything in between, from Vancouver to St. John's, from Inuvik to Iqaluit to Nain and around the world in Europe, Asia and South America.

I would like to begin in my riding, LaSalle—Émard—Verdun, with Les Bons Débarras bookstore, where I buy my vinyls, on Wellington Street.

Then to St. John's where twice I have managed to get to Fred's Records and fill my bags with many good vinyls, which I would then spin in my office. Everybody knows that Justice 306, as Brian Tobin and Anne McLellan have told us, is the best office on the Hill.

At impromptu gatherings with my team, many of whom are here, such as when we passed the MMP's bill, we would spin some vinyl, have some fun and honour and thank each other for the work that we had done to make those moments special.

There are many humorous moments. I sat for two years as the benchmate to Rodger Cuzner, who is now in the other place, including two Christmas speeches. I will not attribute my sense of humour to Cuzner, because his is quite unique, but it was certainly a wonderful experience.

As a member, I learned rather quickly to remove my earpiece when the member for Rosemont—La Petite‑Patrie had the floor.

I will not forget the first Press Gallery dinner sitting at a table with Rona Ambrose and hearing her speech, and those who were there would remember it well; or driving through Rome with our ambassador and watched the havoc being wreaked by the police escort that we had, I do not have hair but I would not have had after that anyway, and then later that evening going to V.I.P. Pizza, not the finest culinary experience in Rome, but still a good one; or throwing my suitcase in the back of a rented Ford F-150 when we were travelling in north.

There were serious moments too, such as the swearing in at Rideau Hall as a cabinet minister and the swearing in as an MP on three occasions. There was signing a proclamation at Rideau Hall proclaiming Charles the King of Canada, a one-time experience.

I listened to the stories of Italian Canadian families whose grandfathers or great-grandfathers were interned during World War II, realizing that I was the minister of justice and that a previous minister of justice had signed the decree to intern those people. There was working with my Italian Canadian colleagues in the House to get that apology done and attending the memorial unveiling in the riding of the former Speaker in North Bay with the indefatigable Joyce Pillarella.

I met David Milgaard in my office with James Lockyer and promised him that we would create an independent commission to review wrongful convictions. David Milgaard signed my album by the Tragically Hip, Fully Completely, which contains the song Wheat Kings that they wrote about him. Also, his sister Susan was present to announce the tabling of Bill C-40, and I will not be smiling fully until that bill receives royal assent.

This summer, at the G7 in Japan, I realized I was the senior justice minister around the table. I had my first conversation with Attorney General Merrick Garland of the United States. We had finished our agenda, and I had a chance to ask him whether the HBO series on the Unabomber was accurate. Attorney General Garland's voice lit up as he went on for 10 minutes about the accuracy and inaccuracy of the portrayal of the Unabomber case, but his view was generally favourable, and he said it was an important moment in his career.

When I was parliamentary secretary to the Minister of International Trade, I went to Namur, in Wallonia, to sell the Canada-Europe free trade agreement.

I was prepared to be the bad cop, as they say. It was fun. The minister was able to arrive a few weeks later to reach an agreement. In the same vein, I was the bad cop with Boeing at the Farnborough International Airshow in England. That was during the time when we had disputes with Boeing. There too, other ministers showed up afterward to make peace.

I had many wonderful moments on the hockey rink. This is Canada, after all, and I still try to lace up my skates, notwithstanding my advanced age. I had a wonderful moment in Gananoque, when a number of us in this House were celebrating the life and memory of our former colleague, the late Gord Brown. I will not forget that, because it was a wonderful non-partisan moment, and I was proud to be part of it.

I took part in a Métis-ITK hockey game, in which my defence partner was 45 years younger than me and one of the best players on the ice. She was fantastic. Another game was our first game in the Ottawa Senators arena against the Conservative Party, when the Liberals got their backsides kicked. There was a game on the ice rink on the Hill for the 150th anniversary celebration against a group of very young and impressive Mohawks from Kahnawake. The result was never in doubt. The only thing I would say that ties those last number of games together was the near complete incompetence of our goaltender, the current Minister of Immigration.

I exchanged puns on Jeopardy and Jeopardy metaphors with Chief Justice Ritu Khullar of Alberta, as well as a previous chief justice, Justice Mary Moreau of Alberta, in our speeches in Edmonton at Chief Justice Khullar's swearing in.

I have a number of memories of walking, such as with the member for Prince Albert and talking about trade, but talking more about our families. I walked with Alex Steinhouse in Yellowknife on a hike. It was absolutely stunning. I walked with Aluki Kotierk and Natan Obed in the hills above Nain. I walked to the Hill every morning from my Ottawa apartment.

I walked across the floor when I first became minister of justice to tell the member for St. Albert—Edmonton that I was going to support his private member's bill on supporting juries. I was proud of that moment, and I still am.

I am proud of some historic moments in this House. For example, we voted unanimously on a bill to outlaw conversion therapy. I will be forever grateful not only to the members of my caucus but also to the member for Esquimalt—Saanich—Sooke, as well as the member for Calgary Nose Hill, the member for Parry Sound—Muskoka and Erin O'Toole for the work they did to make that unanimous vote a reality. We saved lives that day.

I remember when the then minister of public safety, the member for Eglinton—Lawrence, and I sat down with provincial and territorial ministers of justice and public safety ministers to get to a unanimous agreement on bail reform. Not only did we commit to agree on our federal legislation, which is now law, but the provinces also committed to work at their end to make the bail system work better.

There were moments with Black community leadership across Canada on the Black justice strategy. In particular, in Nova Scotia, there was a very real pride in the room from that community because of their leadership on creating the movement toward pre-sentencing reports.

There were many moments with indigenous leaders across Canada, many of whom I now count as close friends. A moment in Williams Lake, at the site of a former residential school, is not something I will ever forget. There, I went into a barn where a number of the children would go, back in the day, and carve their names in the wood.

On the positive side, there is the pride of the Tŝilhqot'in leadership in having established their indigenous title; they used the courts and succeeded. I would meet them annually here in Ottawa and in their offices in the B.C. interior, and I saw the pride.

In Iqaluit, as a guest of President Obed of ITK, I was in the room when Pope Francis heard the stories of sexual abuse directly from survivors or the children of survivors. I saw the reaction of the pope and also, in particular, the reaction of the archbishop who was translating. At a certain point, the pope put his hand on the translator's shoulder because of the difficulty he was having in relaying the words.

There were other momentous moments, such as the House rising for what we thought would be two weeks at the beginning of the pandemic, all the urgent committee work we did during the pandemic, and the occupation and the understanding of the gravity of the Emergencies Act.

These were balanced by lighter moments, such as trying to buy a white suit online so I could represent Canada at the swearing-in of the president of the Dominican Republic. I had to buy two suits and then keep the one that fit. I got on a plane to the Dominican Republic and sat down beside Moises Alou; we talked baseball the whole way down. Another time, I bicycled along the Lachine Canal; I saw the work that we had done as a government on rebuilding the walls of that canal and knew that they were going to be there for my children and my grandchildren. In another moment, I was stopped on Wellington by an older gentleman.

He said to me, “Mr. Lametti, I often see you at Verdun Beach.”

Verdun Beach, in the middle of Wellington Street, is my favourite restaurant with an oyster bar. I had just been outed.

I think of places like Aj's, Shooters, Riccia, Station W, and now Monk Café; of the conversations with my constituents, particularly on Saturday mornings, when I go buy my bread and sandwiches at Bossa; of the statue of Saint Anthony and the time I stood next to it, during the saint's feast day in Ville-Émard with the Italian community.

These are times of a life, and I will cherish them. I thank those people who were involved in making those moments a reality, many of whom are in this room and in the gallery.

I want to underscore that UNDRIP is the future. It will allow us to reset our relationship with indigenous peoples. It is a true road map, a co-developed road map, to reconciliation.

It is a singular moment. Indigenous leaders want to participate in nation building. I have heard this time and time again, that they want to be part of this project Canada and they want their children to have the same opportunities as other non-indigenous kids have had, as I have had.

I am the son of Italian immigrants, who came to this country with no formal education. Because they chose to come to this country, I got to have an outstanding education at Canadian universities and at international universities. Because they made this decision, I got to be a professor at an outstanding law faculty in Canada. I could run to be a member of Parliament and even aspire to be minister of justice.

Indigenous peoples want a share in that dream. UNDRIP is a way for us to make it happen together.

We are many nations in this country. That is a source of strength and understanding as we move forward in the future. This recognition allows us to work on what unites us and to develop and protect languages and culture. This is true for indigenous peoples, as well as for Quebec.

We need to work together. We all understand that protecting and nurturing the French language and culture in North America is very important. We need to work together to ensure they live on and flourish in the future.

That means we need to stop scapegoating the English community in Quebec. People in this community are very bilingual and committed to Quebec; in many cases, they have been there for 300 years.

I have to say that the Charter is not optional, and the preventive use of the Charter suggests that the Charter is optional.

At some point, with everything we have said, we need to understand that constitutional change will be necessary, and we need to prepare for that. We need to be able to disagree with respect, and recent weeks have underscored that. I tried to be only as partisan as I had to be and only as partisan as necessary; I tried not to get personal. I did not always succeed, but I did my best. I think we all need to do our best, especially on social media and in this world where we are moving toward artificial intelligence.

Artificial intelligence does not exempt us from being human. Our human intellect, our emotions and our empathy will become even more important as AI supplements the more routine forms of intelligence. We cannot let it replace those other human qualities. Our survival as a country and as a species depends on nothing less.

It remains to thank people. I want to thank the Prime Minister for naming me parliamentary secretary and minister of justice.

I thank my colleagues here in the House and, especially, my critics, the members for Fundy Royal, Esquimalt—Saanich—Sooke, Rivière-du-Nord, and, for medical assistance in dying, the member for Montcalm.

My chiefs of staff, Rachel Doran and Alex Steinhouse, have been fantastic, and my political teams have been outstanding. None of what we achieved could have been done without them, and I thank them.

I thank my constituency teams for their dedication, hard work and service, oftentimes when I was not around much as a minister. In particular, I want to thank Nicole Picher, who has been with me for eight years.

I want to thank other elected officials in my riding at all political levels, and of all political parties, with whom I worked. I want to thank my political association, my volunteers and my donors, who helped me get elected.

My friends kept me grounded. Here in Ottawa, Mélanie Vadeboncoeur and the La Roma gang made sure I stayed humble. I thank my many friends in this place, such as the member for Eglinton—Lawrence, the current Minister of Immigration, the member for Thunder Bay—Superior North, the member for Oakville, Catherine McKenna and everybody else who has come through this place and with whom I hope to stay friends.

I thank my friends at McGill and the McGill deans for their support. I thank my ex-wife, Geneviève Saumier, who began this journey with me and with whom I share three wonderful kids; she continues to give me good advice. I thank my children. Perhaps the years away have been hardest on them.

I want to tell André, Gabrielle and Dominique that I love them. I thank them for their patience and devotion to their father.

Last, I have two points: First, kindness is not overrated, especially in a world of AI. We could all stand to be kinder, and we would all be better for it.

Second, this place is not overrated. The Right Hon. Paul Martin has said that you can get more done in five minutes in this place than you can in five years anywhere else. Paul has been a mentor to me. I am a successor in his riding, and he is a friend.

I would like us to prove him right every day.

(Bill C-9. On the Order: Government Orders)

June 21, 2023—Third reading of Bill C-9, An Act to amend the Judges Act.

(Motion respecting Senate amendments agreed to)

(Bill S-8: On the Order: Government Orders)

June 21, 2023—Third reading of Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations.

(Bill read the third time and passed)

(Bill C-40: On the Order: Government Orders)

June 21, 2023—Second reading of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews).

(Bill read the second time and referred to a committee)

(Bill C-53: On the Order: Government Orders)

June 21, 2023—Second reading of Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts

(Bill read the second time and referred to a committee)

Business of the HouseOral Questions

June 21st, 2023 / 3:20 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I move that notwithstanding any standing order, special order or usual practice of the House:

(a) on the last allotted day in the supply period ending June 23, 2023, the proceedings on the opposition day motion shall conclude no later than 10:30 p.m., the House shall then proceed to the putting of the question on the motion and then, if required, the taking of any division or divisions necessary to dispose of the motion, and the Speaker shall then put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motions to concur in the Main Estimates for the fiscal year ending March 31, 2024, and to the Supplementary Estimates (A) for the fiscal year ending March 31, 2024, and for the passage at all stages of any bill based on the said estimates;

(b) notices of opposed items in relation to the Main Estimates for the fiscal year ending March 31, 2024, and to the Supplementary Estimates (A) for the fiscal year ending March 31, 2024, listed on the Notice Paper be deemed withdrawn;

(c) the recorded divisions on government legislation currently deferred to the expiry of the time provided for Oral Questions today be deemed further deferred to the conclusion of all proceedings in relation to the estimates tonight;

(d) the motion standing on the Order Paper in the name of the Leader of the Government in the House of Commons related to the appointment of Harriet Solloway as Public Sector Integrity Commissioner pursuant to Standing Order 111.1(2) be deemed moved, a recorded vote be deemed requested and deferred after the recorded division on the motion for third reading of Bill C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts;

(e) in relation to Bill C-9, An Act to amend the Judges Act, the amendment to the motion respecting Senate amendments made to the bill be deemed withdrawn and the motion respecting Senate amendments made to the bill, standing on the Notice Paper, be deemed adopted;

(f) Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations, be deemed read a third time and passed;

(g) Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), be deemed read a second time and referred to the Standing Committee on Justice and Human Rights;

(h) Ways and Means Motion No. 18, notice of which was tabled on June 16, 2023, be deemed concurred in, a bill based thereon standing on the Order Paper in the name of the Minister of Crown-Indigenous Relations, entitled “An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts”, be deemed to have been introduced and read a first time, deemed read a second time and referred to the Standing Committee on Indigenous and Northern Affairs; and

(i) the written questions dated June 20, 2023, standing on the Notice Paper, be deemed to have been transferred to the Order Paper on Wednesday, June 21, 2023, for the purposes of Standing Order 39.

Bill C-42—Time Allocation MotionCanada Business Corporations ActGovernment Orders

June 19th, 2023 / 1:10 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for sharing the stories and narratives from people in her riding. It is very important that we remind ourselves exactly what the impact of obstructionism does in this place.

I have a constituent who constantly texts me about the progress of Bill C-22. It is a bill that I have supported from the beginning. She is living with a disability. She too is waiting for us to get the job done. I have supported the minister proposing that bill in every way I possibly can, formally and informally. It would wipe out a swath of poverty. I am hoping the letter that goes to the Senate will be accepted by the other place so we can put that in place.

I mentioned the example of Glen Assoun a moment ago and Bill C-40, another important bill that I have put forward to correct miscarriages of justice in the Canadian system. They exist; mistakes happen. However, this is a way to correct them more efficiently, more effectively and with greater access. I am sad that Glen Assoun, who worked for this result, did not live to see this bill get through Parliament.

I am hoping that we can eliminate all of these various delays so we can debate, as the member for Mission—Matsqui—Fraser Canyon wants us to do, the substance without all the other tactics that just grind this place to a halt.

Bill C-42—Time Allocation MotionCanada Business Corporations ActGovernment Orders

June 19th, 2023 / 1 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the member for his wise leadership in the House.

I agree with the member's comment. It is not just the dilatory tactics and the wasting of time. It is that the Leader of the Opposition is relishing in that in front of the media, being proud of the fact he is trying to grind Parliament down to a stop to prevent good pieces of legislation from moving forward. These are bills such as this one, Bill C-42, and Bill C-40, which I mentioned an hour ago. Over the last month, we have witnessed, time and time again, the misuse of time, the use of delay tactics and the real negativity these bring to the House of Commons.

We want to move forward with this bill because it is a positive bill for Canadians. We want to move forward with this bill because it would help us fight organized crime, money laundering and terrorist financing, and would give us better principles of corporate governance. We rely on the market to do many things in our country and in our economy. For that market to function properly, we need corporate governance structures that are transparent and that allow proper corporate decisions to be made, for the purposes of not only shareholders but also the Canadian public, to the extent that we allow the market to regulate these kinds of issues.

It is an important bill, and we need to pass it.

Bill C-42—Time Allocation MotionCanada Business Corporations ActGovernment Orders

June 19th, 2023 / 12:50 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Thank you, Mr. Speaker. As I said, we just heard a point of order with no point. The point of it was simply to delay time. This happens time and time again. We, as a government, need to do this because the majority of people in the House of Commons would like things to go forward.

We saw last week an important second debate on Bill C-40, which would establish a commission to correct wrongful convictions in Canada. It is something long overdue. We saw that delayed by a number of dilatory motions and procedures on the part of the other side. It is sad and it is tragic.

The Deputy Speaker will know, because he is from Nova Scotia, that Glen Assoun of Nova Scotia died without seeing this bill get to second reading. This is precisely why we need to use these kinds of motions. It is to combat the dilatory tactics being used by the other side.

Business of the HouseRoutine Proceedings

June 15th, 2023 / 4 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I am very glad to respond on behalf of the government.

This afternoon we will continue debate on Government Business No. 26, concerning amendments to the Standing Orders. When debate concludes later this evening, we will consider Bill C-35, respecting early learning and child care, followed by Senate amendments to Bill C-9, concerning the Judges Act.

Tomorrow we will consider Bill C-42, respecting the Canada Business Corporations Act, at report stage and third reading, and Bill S-8, respecting sanctions.

The priorities for next week shall include Bill S-8, on sanctions; Senate amendments to Bill C-18, respecting online news; Bill C-40, concerning the miscarriage of justice review commission act, also known as David and Joyce Milgaard's Law; and Bill C-33, which strengthens the port system and railway safety.

Thursday shall be an allotted day.

Finally, I request that the ordinary hour of daily adjournment for the next sitting be 12 midnight, pursuant to order made Tuesday, November 15, 2022.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:25 p.m.


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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I have enjoyed working with my hon. colleague on a number of different things and I want to echo his concerns. I was prepared to debate Bill C-40 today. I think it is very important legislation and something that we really should be discussing at this point.

I also want to go back to some of the discussions the member brought forward with regard to Bill C-41. The member would know that I did not vote in support of this bill for the simple reason that I find that there are some real challenges to this legislation. As much as we were able to work together with members of his party and members of other parties to fix parts of this bill, there are still some really outstanding challenges within the bill that I think make it difficult for civil society organizations and non-profit organizations to work within. It is overly bureaucratic, of course, and has some big challenges on definitions.

One of my big concerns is around the potential for politicization, knowing that a future government could use this legislation to act punitively towards the charitable sector and the international development sector. Does the member have those same concerns? Would he like to comment on that?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:25 p.m.


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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Madam Speaker, let me conclude by saying that it is quite important for this House to debate Bill C-40. I know the Minister of Justice and Attorney General of Canada started the debate today. We would have preferred constructive debate from the Conservatives, which we saw at the outset. I know that both the Bloc and the NDP would also constructively contribute to this very important discussion. It is one I believe we have consensus on and can build on to better the bill as we move it forward. It is paramount that those who are languishing in prisons right now who may be wrongfully convicted have the possibility of a review process that would enable them to have an independent arbiter who can speak to the original case itself.

With that, with the disappointment I expressed for the delay, I want to reiterate my support for this motion and also ask that we move to other business at some point, as soon as possible.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:15 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am here to speak on the concurrence report with respect to the Taliban.

This afternoon I was very pleased to see Bill C-41 pass in this House. It is a very important bill, one that many people have been working on for several months. Most notably, it is something that the justice committee has been working on for the last several weeks.

I believe Bill C-41 is a very important step toward ensuring that those in Afghanistan are supported through the many incredible aid agencies that work in the region, including organizations that have an international span as well as those that are regional. I think it is an important step toward supporting Afghanistan in this moment.

With respect to the Taliban, I think it is very clear that it is an organization that offends many aspects of human rights. I can enumerate the various challenges the Taliban poses, not just to the people of Afghanistan but also to the world. It is an organization that is brutal in its force. It is one that has summarily killed so many people. It is one that limits access to education for women. It certainly limits dissent of any sort, and by no means is it democratic. For it to form government in Afghanistan is deeply troubling and deeply problematic.

The reasons that the Taliban are there today are historical. In part, it is because the west just left overnight. I think history will judge that as a failure of the western world. In many ways, we can go back in history and say that the region of Afghanistan is one that has been impacted by colonialism over the centuries. In the last 50 or 60 years, it has been impacted by the Cold War. In this particular case, the departure of the United States in August 2021 certainly enabled the Taliban to take hold of Afghanistan and cause it to regress back into an autocratic state that violates the human rights of its citizens.

Canada's response, it is fair to say, has been quite challenging, in part because of the complexity of the government structure in Afghanistan, which limited our ability to bring people out, but I am very pleased to see that the number of Afghans who have been resettled in Canada over time is in excess of 35,000 people. I think it is a remarkable number, given that this is probably the second-highest number of resettlements we have ever done, the first one being the Syrians right after we formed government in 2015.

I would say Canada is among the top countries in the world to resettle so many Afghans. Of course, there are good reasons for that. Apart from the presence of many family members here and the needs of those Afghans who were directly supporting the Government of Canada, there is a humanitarian reason that this type of resettlement is so critical. Resettling 35,000 within a period of under two years is a remarkable achievement. It may not seem fair to those who may be languishing in different parts of the world or those who are struggling to get out and rightfully should be able to come to Canada. It may seem frustrating that we took two years to do that.

I can give some examples. This morning, I had a call with my office. We do a weekly meeting at 9:00 a.m. every Monday to talk about casework. One of the cases approved today was a resettlement of a group of five Tamil refugees. They had been in India for the last 13 years. This application took 13 years to process. That is the nature of many cases in the resettlement process, although Canada is the number one resettlement country in the world for refugees.

Notwithstanding that, it was a 13-year process, and we can understand how difficult it is for people like that to resettle, especially those who are fleeing conflict. While the two-year mark may seem long, in the broader sense, it is important for Canada and our government to achieve. There is no doubt that we will achieve the 40,000 mark as set out by the Minister of Immigration, as he enumerated a number of different times. We have seen people arrive at our airports and planes full of Afghan refugees who have come here and are settled. I have met many over the last two years and I have met family members of my friends who have come here as part of the resettlement. It is fair to say that Canada is doing its part and is doing its part disproportionate to our involvement in Afghanistan. It is the right thing to do, and I certainly support the government's efforts. I want to reiterate that I am deeply offended by the Taliban and all that it stands for.

Having said all of this, this is a concurrence motion that forms part of a report from the justice and human rights committee, one that is five lines and is quite simple. It basically denounces the Taliban regime, the Taliban administration and the Taliban itself. As such, we generally have unanimous consent from all parties on this language that was passed by committee. I certainly hope it does not take us a full four hours to have the debate here. I would suggest at this point that we go on to what was in the Order Paper and debate Bill C-40.

If I may, I will highlight why it is so important that Bill C-40 be debated and passed. It is a priority bill for the government. Over the past 30 years or so, it is an issue that has offended Canadians, which is that those who may be wrongfully convicted are spending time in jail and unfortunately have no recourse, or the recourse that is available through the process of ministerial relief is quite arduous. We know the Minister of Justice and Attorney General of Canada has outlined the frustration he has faced during his tenure as minister in reviewing those cases.

It is important that we debate this bill and ensure the justice and fairness for which Canada is known and ought to be known. One of the reasons that people of all backgrounds come to Canada would be reiterated through the passage of this bill and would ensure that there is an outlet available for people to seek redress when they are wrongfully convicted. This is not about opening the doors—

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:10 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to ask the member a procedural question because I know that he is quite active in the legislative process.

We were supposed to debate Bill C-40, which is an important bill. We call it David and Joyce Milgaard's law as it is meant to review convictions for those who were wrongly convicted. I am wondering what kind of an impact a motion like this, at this late hour, would have on this bill.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 5:45 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I note that Bill C-41 passed in this place this afternoon. It is a very important piece of legislation ensuring that aid goes from Canadian sources and agencies to Afghanistan. I want to acknowledge the work of the member opposite on this file.

I also want to question something. Today, when we have the passage of Bill C-41, when I think we are all quite united in condemning the Taliban and all that it stands for, why are we taking valuable House resources away from Bill C-40, an act to amend the Criminal Code with respect to the miscarriage of justice? It is an act that has been sought by many victims, who have come forward to ask the justice system to respond to their needs.

Why are we spending so much time on something that we all agree on?

Business of the HouseGovernment Orders

June 8th, 2023 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.