An Act to amend the Judges Act

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 often publishes better independent summaries.

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.

Elsewhere

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

Votes

Oct. 31, 2022 Passed 2nd reading of Bill C-9, An Act to amend the Judges Act
Oct. 26, 2022 Passed Time allocation for Bill C-9, An Act to amend the Judges Act

Access to Information, Privacy and EthicsCommittees of the HouseRoutine Proceedings

February 7th, 2022 / 5:10 p.m.
See context

Liberal

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 HouseOral Questions

February 3rd, 2022 / 3:10 p.m.
See context

Ajax Ontario

Liberal

Mark Holland LiberalLeader 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.

Judges ActRoutine Proceedings

December 16th, 2021 / 10 a.m.
See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-9, An Act to amend the Judges Act.

(Motions deemed adopted, bill read the first time and printed)