Bill C-9

An Act to amend the Judges Act

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.

Bill C-9—Time Allocation Motion

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, it is a rare opportunity for me to speak to this kind of motion and follow up on something the minister said.

I think we all agree that we would like to see the smoother operation of this place. I have had the honour of working in and around Parliament Hill for a number of decades. We used to have more co-operation among the House leaders. We used to have better scheduling of debates so that bills that had virtually unanimous support, like Bill C-9, did not need to have repetitive speeches.

I put to the hon. member, as I have before in this place, the solution is not closure motions, but to fully use the rules of Westminster parliamentary democracy and not allow the reading of speeches, which will then have a very salutary effect on the number of members who are prepared to stand up and speak to an issue. They would have to know it well enough to speak without reading a written speech and especially not a written speech prepared by somebody else.

I urge the hon. minister and all members of the front bench of the government to strongly consider working with the Speaker and other House leaders to find ways for this place to work better through co-operation and respect for our rules.

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

Mr. Speaker, very recently, the Canadian Judicial Council implored this House to pass the Bill C-9 amendments to the Judges Act. I wonder if the minister could outline the need for this act, the urgency, and why there is a delay in its passage, given that we have had a number of days of debate on this bill.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, the irony today, as we are now debating Bill C-9, is that we see the government invoking closure when this legislation could have already been in place. Had we not had an unnecessary pandemic election, it most certainly would have been in place.

While the minister is here, I want to ask a question with respect to our justice system and the recent Supreme Court ruling dealing with consecutive periods of parole ineligibility. There are many victims and their families who have spoken out about the need to respond to the ruling that values each and every life that is taken when there is a case of mass murder in Canada. These cases are rare, but they do happen. The families of victims have said they do not want to go through the burden and retraumatization that is involved with parole hearings.

Sharlene Bosma appeared at our justice committee and spoke eloquently about how she was grateful that her daughter would not have to attend parole hearings to keep her father's killer behind bars, where he belongs, having killed three individuals.

I would ask the minister if he has consulted with the families of victims on a possible government response to this very unfortunate ruling.

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-9, An Act to amend the Judges Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the said Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-9—Notice of Time Allocation Motion

[Marie-Claude Bibeau, Liberal, Minister of Agriculture and Agri-Food]

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C‑9, an act to amend the Judges Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Opposition Motion—Ties Between the Canadian State and the Monarchy

[Mario Simard, Bloc, Jonquière, QC]

Mr. Speaker, all day long, both the Liberal Party and the Conservative Party have been trying to dodge the issue. They say it is not the right time to talk about this and we should talk about inflation and fighting the pandemic instead.

Over the past few weeks, however, we have talked about bills C‑3, C‑5, C‑9, C‑20 and S‑4, none of which have anything to do with inflation or fighting the pandemic.

Does my colleague think we waste our time in the House every day? Should we talk about nothing but inflation and the pandemic? Can we not walk and chew gum at the same time?

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, what I can assure the member opposite, my hon. opposition House leader, is that the government will continue to be introducing legislation that helps Canadians with affordability and makes their lives easier in these globally difficult and conflicted times.

With respect to the immediate term, I can tell the House that tomorrow we will turn to Bill C-9, which concerns the Judges Act at second reading. On Monday, we will continue with the second reading debate on Bill S-5, an act to amend the Canadian Environmental Protection Act. Tuesday shall be an allotted day.

On Wednesday, we will commence with the second reading debate on Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act, related to COVID-19 response and other measures. On Thursday, we will deal with the report stage and third reading of Bill C-31, with respect to dental care and rental housing.

We also hope to make progress next week on Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, let me echo the comments of my hon. colleague. Thanksgiving is one of my favourite times. It is an opportunity to be with family and friends. As the hon. member said, we have not had that chance in a very long time, so it makes this a very special Thanksgiving. As the member correctly stated, and we should reflect on this, we really do have an enormous amount to be grateful for in our country. It is a special occasion to give thanks and to be with the people I love. I hope every member has a wonderful time with their family and friends, and with their constituents, over the upcoming constituency week.

With respect to the member's question about when we come back, I will be talking about what we are going to be doing, but first, in answer to this question, we absolutely cannot, and I will say it every time he asks me this question, give up on action on climate. While we take action to make life more affordable, and in a minute I will talk about what we will do over the next coming weeks, we cannot afford to make pollution free again.

We cannot allow pollution to be something that spews into the environment without consequence. We will continue to return that money to Canadians. Eight out of 10 Canadians will see more back. We can fight climate change, we can do affordability and we can do those things at the same time.

I am proud to say that our agenda to make life more affordable for families continues. It continues tomorrow when we take action, again, on the environment with Bill S-5, making important amendments to the Environmental Protection Act to improve and protect our environment, and at the same time take essential action to move forward with Bill C-31, which would provide families right across Canada the opportunity to ensure they have dental care, that this is not something, as life gets globally more challenging, that is left to the wayside. We know how important dental care is to health. I hope the member opposite will be supporting us in that as it comes forward.

On the Monday, when we return from our constituency week, we will continue with debate on Bill C-31, as I referenced earlier, with respect to dental care and support for housing.

On Tuesday, we will move forward with Bill C-22, the Canada disability act, which is critical support to help lift hundreds of thousands of Canadians who are disabled out of poverty. This is essential action to help them, and I hope the Conservatives would support that. I know other parties are.

On Wednesday, we will return to Bill S-5.

Thursday will be an allotted day.

On Friday, we hope to make progress on Bill S-4, which is an act to amend the Criminal Code and the Identification of Criminals Act, COVID-19 response and other measures. We also look forward to advancing Bill C-9, with respect to the Judges Act.

Last, I would like to inform the House that the Wednesday, following question period, there will be a really important opportunity to pay respects and tribute to our friend and former colleague, who we are all mourning, the late Bill Blaikie.

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I will start by echoing the comments of thanks by the opposition House leader. To all those who serve the House and for everything they have done, particularly over the last year, I offer our deep and sincere thanks. The opposition House leader rightly named all those we rely on to do the jobs on a day-to-day basis that we do in serving Canadians.

We will continue with the second reading debate of Bill C-9 concerning the Judges Act this afternoon. Tomorrow, it is our intention to call Bill C-11 on online streaming at report stage.

On Monday, we will be returning to the second reading debate of Bill C-21 respecting firearms. In the afternoon, we will go back to Bill C-11 for debate at third reading. We will also focus on finding a way to expedite the bill currently on notice concerning the self-induced extreme intoxication defence standing in the name of the Minister of Justice.

Finally, we have had discussions among the parties, and if you seek it, I believe you will find unanimous consent to adopt the following motion:

That, notwithstanding the order adopted by the House on Thursday, November 25, 2021, with regard to the participation in the proceedings of the House and its committees, the provisions related to the COVID-19 vaccination be suspended beginning on Monday, June 20, 2022.

Justice

[Larry Brock, Conservative, Brantford—Brant, ON]

Mr. Speaker, six years ago, in 2016, the government conducted consultations on reforming the judicial complaints process. After inexcusable delays, we are finally starting to debate Bill C-9, which has the potential to increase confidence in the judicial system. This is long overdue.

This bill would replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council and would enable a judge to be removed from office for reasons including infirmity, misconduct or failure in the due execution of judicial office. By modifying the existing judicial review process, a straightforward process for complaints serious enough to warrant removal from office would be established.

Our justice system needed this piece of legislation to be implemented years ago. Canadians must be assured that our judges need to be held accountable and perform their duty in the best interests of our society and our country. I urge all members in the House to support this bill.

Motion That Debate Be Not Further Adjourned

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, the hon. member indeed reminds me that Conservatives, whether inside or outside the House, seem to have fallen in love with blocking and blockades.

We are here because we have many other pieces of legislation, including a budget. There is not just Bill C-8, which, as we have mentioned, has had 12 days of debate and obstruction and concurrence motions and everything else that the Conservatives can throw up in order to delay it, but also Bill C-7, which we have not debated yet, and Bill C-9, which we have not debated yet. There is Bill C-18 and there is Bill C-19.

There are all kinds of things that we have yet to debate, as well as the budget, and that is because the official opposition simply wants to run out the clock; delay, delay, delay; and use every tactic at its disposal to throw this government off its agenda. Canadians do not want that. They want us to work together.

Access to Information, Privacy and Ethics

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, we were hoping to deal with Bill C-8 and then hopefully deal with the judges after that legislation, Bill C-9.

My point is that, because of this particular concurrence motion, we are not able to deal with things such as the allocation of hundreds of millions of dollars for rapid testing or air ventilation for students in our schools. I do not want to take away from the importance of this particular report, but I can tell members that there are many reports that our standing committees are going to bring forward. I would hope that we would think in terms of the other possible venues in which they can be discussed.

The only advantage of the report coming here for concurrence is that I get to speak to it, and I appreciate that members want me to address the important issues of the day. Having said that, at the end of day when I hear some of the comments, such as “de-identification of data”, what is it? I think that for most Canadians there would have to be some sort of an explanation.

When I turn on my cellphone and make phone calls, I have a basic understanding of it. I make a phone call and my cellphone goes to the closest tower, and it is truly amazing how much information that tower collects, such as my name and where I live. There is all sorts of information no doubt at one tower. Now, if I happen to be driving at the time, and we should not talk on a cellphone when driving but maybe I am a passenger, and if I am going from one tower to the next, it starts to add up. They can track where I am. I can understand why some in society might be concerned about that, but what is done with that information is what the real concern should be.

We have legislation and we also have offices. The Privacy Commissioner's office is not just there for government but also for the private sector, so that if we find that there is a company out there that is inappropriately using the data being collected, then there is somewhere we can go to express the concerns we have. I would like to think I would be at the beginning of the line, whether it was Telus Canada, the Privacy Commissioner, the Public Health Agency of Canada, the Minister of Health or possibly members of the committee dealing with ethics and privacy-related issues. There are opportunities for us to ensure that the data being collected is not being abused, and there is a need.

I understand the Privacy Commissioner came before the committee and made a presentation. I am absolutely convinced that, on a one-on-one discussion with the Privacy Commissioner or anyone else who is affiliated, such as the critic from the Bloc who is an expert in this field, there is a need for us to take a look at the laws we currently have. I can appreciate that there is a need for change and amendments. Hopefully, there will be an opportunity where we will be able to bring in such legislation, and the same concerns that we are hearing here today and in committee would allow for that type of legislation to pass if, in fact, the opportunity is there to bring it forward.

Through technology, things change rather rapidly. I know there are members of the committee who are here today and if I am wrong in my assertion that the Privacy Commissioner does not believe that there is a need for some of those changes to occur, please let me know. However, I heard more than one member today talk about “consultation” versus being “informed”. Yes, I recognize that there is a difference. The Privacy Commissioner was informed of it and aware of it. If there were some outstanding concerns, directly or indirectly, those likely would have been expressed to the stakeholders who needed to know.

I am not absolutely convinced that every action the government does has to go through the Privacy Commissioner. I have not heard that argument being made. I think there are certain situations where some departments, more than others, may have a higher need. Some departments may have a whole lot more expertise in that area, as I pointed out with the Health Canada agency. I would be very reluctant to make a general statement or to take a brush and apply it to every department and every situation where there is some information that is being drawn. Take a look at Stats Canada. I have received emails from Stats Canada. I am sure other members have also received emails from Stats Canada. There is all sorts of information being collected.

Would you apply the same principle of getting the Privacy Commissioner involved in every agency that the federal government has? Should we be expanding the Privacy Commissioner's office to take that into consideration? I am concerned about governments, whether they are provincial, municipal or federal, whatever they might be, and how they might be using that data, especially on issues of health care with everyone having a health card. All different provinces have that. There are driver's licences. There are endless examples, such as passports or you name it.

I am equally, if not more concerned, about this issue in the private sector. That is where I think we need to be spending more of our time and energy. I would like to think experts would acknowledge that.

When we talk about consent and getting a better indication or more clarity in terms of what consent really is, absolutely, but let us not be completely naive about it. I remember when we were talking about organ transplants in the province of Manitoba, talking about allowing MPI to have an opt-out, or to have it in some sort of a taxation policy, again I am going back to the province of Manitoba, and allow people to opt out without making an assumption. There are ways in which it can be done in a reasonable fashion.

I will go back to what I stated earlier, that Telus needs consumers more than consumers need Telus. If Telus were to violate in any way the privacy of Canadians, there would be a consequence to it, a very serious consequence. If Health Canada or the agency were to violate the privacy of Canadians, we would hear about it. I do not want the privacy of the constituents I represent to be violated, but I understand the importance of mobility data, among many other types of data sources out there.

What we are talking about is the coronavirus, COVID-19, and having a sense of mobility and of where people are going. We are not asking who people are and we are not listening to telephone conversations, which was pointed out, or anything of that nature. We are talking about raw data that will enable people who work in the sciences, the health experts and the health agency to ultimately make good, sound public policy. That is what Canadians expect.

At the end of day, I would have much preferred, which is hard to believe, to be debating Bill C-8 today so this issue could go back to the committee for further discussion.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I echo the comments made by my hon. colleague on the other side. We fiercely disagree on many things. The debate we have is important, and dissent is important, but the way we do that is extraordinarily important. I want to echo what he said. We have been able to find a good tone in this House as we disagree with one another and fight on the issues of the day, and do it in a way that respects the roles we have as parliamentarians in this place.

For the week that is forthcoming, this afternoon and tomorrow will be dedicated to the second reading debate of Bill C-8, An Act to implement certain provisions of the economic and fiscal update tabled in Parliament on December 14, 2021 and other measures. On Monday, we are going to commence debate on Bill C-9, which seeks to amend the Judges Act. Lastly, Tuesday and Thursday shall be allotted days.