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 Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge’s removal from office and makes changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. As with the provisions it replaces, this new process also applies to persons, other than judges, who are appointed under an Act of Parliament to hold office during good behaviour.
This is a computer-generated summary of the speeches below.
Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.
Bill C-9 amends the Judges Act to reform the judicial conduct process, addressing complaints against judges for alleged misconduct. The bill aims to streamline the review process, enhance transparency and accountability, and provide for a wider range of sanctions beyond removal from office, while also respecting judicial independence. It introduces measures to expedite inquiries, simplify procedures, and involve public participation, with the goal of maintaining public trust in the judicial system.
Liberal
Supports Bill C-9: The speaker supports Bill C-9 because it maintains a robust justice system by implementing a rigorous, tailored process for dealing with disciplinary complaints against judges.
Upholds public trust: A robust mechanism for governing judicial conduct is critical in upholding public trust in the justice system, even when misconduct by judges is rare. The speaker believes that this bill strikes the right balance, allowing Canadians to trust that judges are making independent and impartial decisions, while also ensuring their conduct is subject to review.
Targets key areas: Bill C-9's proposed amendments target efficiency, accountability, and procedural fairness. The bill would allow for more refined resolution of judicial conduct matters not serious enough to warrant removal and would introduce greater transparency and public participation into the judicial conduct regime.
Conservative
Supports Bill C-9: Conservatives generally support Bill C-9, which reforms the judicial complaints review process, aiming to streamline the process, enhance transparency, and improve accountability, although they raised some concerns about procedural fairness at the committee stage. Despite these reservations, the bill is seen as a positive step toward improving public confidence in the judicial system.
Liberal government dysfunction: The Conservative party criticizes the Liberal government's handling of the bill, citing delays, reintroductions, and general dysfunctionality in bringing it forward despite general consensus around its substance. They feel that it took far too long for this bill to be introduced.
broader justice system issues: Conservative members raised concerns about broader justice system issues, including rising crime rates, the Liberal government's approach to criminal justice, and the perceived lack of emphasis on victims' rights, which they believe contribute to a decline in public safety and confidence in the justice system.
NDP
Supports the bill: The NDP supports the bill, viewing it as a significant improvement to the current system for dealing with complaints against judges, which is considered long, complicated, costly, and non-transparent.
Intermediate sanctions: The bill introduces intermediate sanctions, allowing the Canadian Judicial Council to prescribe remedial training or temporary suspensions for judges, rather than only having the options of retaining or removing them from the bench.
Increased transparency: Amendments adopted by the committee will ensure that complainants receive the reasons for the dismissal of complaints against judges, unless there are public interest or privacy concerns.
Concerns remain regarding appeal process: Despite supporting the bill, the NDP expresses concern that the appeal process for judges remains flawed, with appeals going to the Supreme Court of Canada, which rarely hears cases, rather than the Federal Court of Appeal.
Bloc
Supports bill C-9: The Bloc Québécois supports Bill C-9 because the community has been calling for it for a long time. It streamlines the process for reviewing judicial misconduct, reduces costs, and maintains procedural equity.
Addresses process drawbacks: The bill addresses drawbacks in the current system, such as lengthy proceedings, financial incentives for judges to prolong cases, and a limited range of sanctions. The updated bill removes the incentive to draw out proceedings by ceasing pension and benefits accumulation upon notice of a decision, and broadens the range of available sanctions.
Improve public trust: While Bill C-9 aims to improve public trust in the judicial system, it is limited in scope. To truly enhance public trust, the judicial appointment process must also be addressed to reduce potential partisanship and increase transparency.
Madam Speaker, the Louise Dean school has been a gem in Alberta for a very long time. It has helped thousands of women who have found themselves to be pregnant while still in high school. This school has a long track record. It is widely loved by the community. The decision to shut that particular school down is atrocious, and I certainly hope that the decision will be reversed. I know that the member for Calgary Midnapore has a unique relationship with that school as well. I look forward to hearing from people from across the country who are concerned about this kind of action being taken by the Calgary school board.
