An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)

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) allow for the use of electronic or other automated means for the purposes of the jury selection process;
(b) expand, for the accused and offenders, the availability of remote appearances by audioconference and videoconference in certain circumstances;
(c) provide for the participation of prospective jurors in the jury selection process by videoconference in certain circumstances;
(d) expand the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused not represented by counsel;
(e) permit courts to order fingerprinting at the interim release stage and at any other stage of the criminal justice process if fingerprints could not previously have been taken for exceptional reasons; and
(f) replace the existing telewarrant provisions with a process that permits a wide variety of search warrants, authorizations and orders to be applied for and issued by a means of telecommunication.
The enactment makes amendments to the Criminal Code and the Identification of Criminals Act to correct minor technical errors and includes transitional provisions on the application of the amendments. It also makes related amendments to other Acts.
The enactment also provides for one or more independent reviews on the use of remote proceedings in criminal justice matters.
Lastly, the enactment also provides for a parliamentary review of the provisions enacted or amended by this enactment and of the use of remote proceedings in criminal justice matters to commence at the start of the fifth year following the day on which it receives royal assent.

Similar bills

C-23 (43rd Parliament, 2nd session) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)

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 S-4s:

S-4 (2021) An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
S-4 (2016) Law Tax Convention and Arrangement Implementation Act, 2016
S-4 (2014) Law Digital Privacy Act
S-4 (2011) Law Safer Railways Act

Debate Summary

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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 S-4 aims to modernize the criminal justice system by amending the Criminal Code and related acts. The bill expands the use of technology in court proceedings, including remote appearances, electronic jury selection, and telewarrants, while maintaining judicial discretion and ensuring the protection of accused persons' rights. It seeks to address court backlogs exacerbated by the COVID-19 pandemic and improve efficiency, but concerns have been raised regarding potential impacts on victim's rights, fairness, access to technology, and the overall administration of justice.

Conservative

  • Supports modernization efforts: The Conservative party generally supports the measures in Bill S-4 that aim to modernize the criminal justice system and make it more efficient, particularly by leveraging technology to reduce delays in court proceedings exacerbated by the pandemic.
  • Concerns for victims' rights: Members expressed concern that the bill emphasizes the rights and consent of offenders while neglecting the rights and consent of victims and their families, potentially undermining victims' engagement with the justice system.
  • Internet access inequities: The party raises concerns that unequal access to reliable internet, particularly in rural and remote areas, could negatively impact the delivery of justice by hindering remote participation in court proceedings.
  • Erosion of trust: Multiple speakers assert there is an erosion of trust in the justice system, due to the Liberal government's perceived soft-on-crime policies, leading to increased crime rates and a sense that victims' rights are not prioritized.

NDP

Bloc

  • Conditional support for Bill S-4: The Bloc Québécois expresses support for Bill S-4, which aims to modernize the justice system through the use of technology, particularly remote proceedings, but stresses the need for judicious implementation, addressing potential drawbacks, and ensuring fairness and accessibility for all parties involved.
  • Concerns about remote proceedings: The Bloc raises concerns regarding witness credibility assessment in remote proceedings, potential for hacking of telewarrants, regional disparities in access to technology, and the need for consent from all parties before imposing virtual proceedings, emphasizing the importance of considering the limitations and potential negative impacts of remote technologies.
  • Recommendations from Barreau du Québec: The Bloc highlights the recommendations from the Barreau du Québec, including excluding testimonial evidence from videoconferencing, conducting in-depth studies on the impact of making pandemic measures permanent, deleting the proposed section allowing the court to require accused to appear by videoconference, and clarifying the distinction between having 'access to legal advice' versus being 'represented by counsel'. They argue that these recommendations are sensible and warrant serious consideration to ensure a fair and effective justice system.
  • Beyond technology: Addressing systemic issues: While supporting Bill S-4, the Bloc insists on addressing other systemic issues to achieve sound and efficient administration of justice including regional connectivity, judicial vacancies, partisan judicial appointments, and the lack of transparency in secret trials.

Liberal

  • Modernizing criminal justice: The bill is seen as a form of modernization that will ensure better accessibility and make the system more efficient and effective. The technology incorporated during the pandemic can be easily brought into our judicial system to provide an opportunity for its usage and make a difference.
  • Increased use of technology: Bill S-4 supports the increased use of technology in criminal courts across Canada. This includes remote appearances for accused persons and offenders, remote participation of prospective jurors, the use of technology in a jury selection process, and streamlining the warrant application process to save police resources and time.
  • Optional and at judge’s discretion: The use of technology is optional and at the judge’s discretion, not compulsory. These measures will help courts ensure the effective and efficient administration of justice and better equip the courts to continue to operate during difficult times, such as a pandemic, a flood, or any other situation that could have an adverse impact on physical access to courthouses in the future.
  • Addressing court backlogs: 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. 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.
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Criminal CodeGovernment Orders

November 24th, 2022 / 4:45 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I want to thank my friend down the way for his speech, for his thoughtful reflections on the bill and for the insights he shared with the House.

The member had some reservations about the use of video conferencing or teleconferencing for the selection of jurors, and I am not sure I quite understood what his reservations were. Could my friend elaborate a little on what those concerns might be?

Criminal CodeGovernment Orders

November 24th, 2022 / 4:45 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, we spoke earlier about cybersecurity, which I think is a bill that will be discussed too. However, any time we use technology, there is a risk of someone breaking through, and they may see the selection of jurors, which has to be anonymous for the protection of the people who get selected to be jurors.

It is an observation, but I hope that a bill such as this would be equipped with the proper tools and a high-tech level of protection, so that when a juror gets selected or people get selected to testify, witness or judge, at least they will have that needed protection, because I think that is at the heart of our judicial system.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:45 p.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, earlier on in the member's speech, he spoke about the delays in the courts and the justice system, and how that is playing out and can affect communities while people are waiting. There are a lot of delays, and in fact there might be deadlines that are not met.

I wonder if the member could speak a little more about that, how he saw it, especially during the time of the pandemic, and if in fact a lot of that has been caught up as the courts got back up and moving again.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:45 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, we have heard a lot of stories. In my constituency office I was approached by several people who had the same concern over the timing. Again, it is the job of the government and lawmakers to provide all the tools needed so we do not end up facing these circumstances.

As I said earlier, justice should be in the justice system itself, which is why there will always be a demand to provide the proper tools to make sure everyone gets the same, equal opportunity.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division, or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we request that the motion pass on division.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

(Motion agreed to, bill read the second time and referred to a committee)

The hon. parliamentary secretary on a point of order.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I suspect if you were to canvass the House at this time, you might find unanimous consent to call it 5:30 p.m. so that we can begin private members' hour.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

Criminal CodeGovernment Orders

November 24th, 2022 / 4:50 p.m.

Some hon. members

Agreed.