Bill S-4 (Historical)

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)

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.

Criminal Code

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I thank the hon. member for his compliments. I do not think I share the same view of the system. I do not think there are a lot of people within the system who are there just to make money.

In my experience with the legal community, certainly in my own community, there are some who make more than a good living out of the legal system, but most people are there because of their commitment to justice, whether they are working as prosecutors or as defence attorneys.

However, I do agree with the hon. member that, as I just said about first nations, there are alternative methods to the traditional arrest, send to court and send to prison process that we have tended to overly rely on in Canada. That is appropriate for some people. That is the only way to deal with some criminals in our system, but for most people, that is not the underlying problem and not the real solution. I agree with him that we need to look at alternative methods of dealing with things such as drug addiction and poverty, which cause a lot of people to end up in the court system.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I am wondering if my colleague could provide his thoughts on how the legislation would ultimately provide more flexibility, and how, by providing that additional flexibility, it would make the system more just, more efficient and more effective at delivering justice. Could he provide his thoughts on that specifically?

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I think the question brings up an important point. In this bill, we are looking to adopt a broader use of technology, not just for the sake of a broader use of technology, but to provide greater access to justice, as part of this, and that flexibility.

I think we had the important suggestion made by the member for Timmins—James Bay about how sometimes using technology allows victims to participate more freely in these kinds of systems than if they have to appear in front of someone who has caused them great harm in person.

I think that there are lots of advantages, in addition to the efficiency advantages, in Bill S-4.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is a pleasure to rise today to speak to an important piece of legislation. I had the opportunity to ask a couple of questions of a number of members on Bill S-4. It is a piece of legislation that was in the House previously, but in a different form. It originated in the House of Commons, where there was a great deal of discussion about it, and it has been reintroduced to the House in the form of a Senate bill, with very few substantial changes.

Having said that, I look at the legislation as a form of modernization. I do not say that lightly. I recall a couple of instances from years ago when I was a justice critic in the Manitoba legislature. There was a great deal of talk about how we could utilize technology to ensure that our judicial system was more effective.

One thing that used to really frustrate me was, when I would drive to the Manitoba legislature from home, I would pass the courts and see all the police cars parked there due to police waiting for trial, many of whom would never even get to testify on that particular day and would be called upon to come back another day, or I would be at another facility where there was serious police traffic, all court related. I remember talking to law enforcement officers who indicated it would be far better to capitalize on some of the technology, such as video conferencing, and the positive impact that would have. I believe it would be quite effective.

When I heard about the legislation coming from the Senate, legislation that originated in the House and was then reintroduced through the Senate, I looked at it from the perspective that, at the end of day, Canadians want a system that will be there in an independent fashion, independent of politics. We very much believe in the rule of law and judicial independence, but there is still a role for legislators and parliamentarians to look at ways to improve the system. That is what we are seeing here. This legislation that the government brought forward would ensure better accessibility. It would make the system more efficient and, ultimately, more effective.

As was cited earlier, we hear a great deal about the importance of getting justice as quickly as possible. There are certain things we have learned from the pandemic. We often heard, when the pandemic was at its peak, that we should look for ways to learn from the pandemic to improve our systems. The technology can easily be brought into our judicial system. We should at least provide the opportunity for its usage. I like to think that providing that opportunity would make a difference.

Bill S-4 proposes a range of reforms that would make court proceedings more flexible while protecting the rights of all participants. The reforms would flow from important work that was done and conducted by the Action Committee on Court Operations in Response to COVID-19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner.

When we look at the tangible things coming out of the legislation, we see one would allow an accused person to appear by video conference at a preliminary inquiry, on consent of the parties and where the court considers it appropriate, including when evidence is actually being presented. In addition, it would allow an accused person to appear by video conference for trial for a summary conviction offence, on consent and where the court considers it appropriate, including when evidence is being presented.

Another important point to recognize in the legislation is that it would allow an accused person to appear via video conference for a trial for an indictable offence on the consent of parties and where the court considers it appropriate, including when evidence is being presented, except in the case of evidence before a jury.

I have two more points to highlight. It would allow an accused person to appear by video conference and audio conference for making a plea on consent of the parties and, where the court considers it appropriate, a plea by audio conference. This would only occur when the court was satisfied that video conferencing was not readily available, and the court could still inquire about the conditions of accepting a guilty plea under subsection 606(1.1), despite not being able to see the accused person, which was proposed in clause 715.234.

The last point I would make to Bill S-4 is that it would allow the offender to appear by video conference or audio conference for sentencing purposes, on the consent of the parties and where a court considers it appropriate. Sentencing by audio conference would only occur when the court was satisfied that video conferencing was not readily available, as proposed in clause 715.235.

I do appreciate the importance of video conferencing. My New Democratic friend from James Bay—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member for Timmins—James Bay is rising on a point of order.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, if the member is going to say something nice about me, he needs to say, “the member for Timmins—James Bay, who has brought such wisdom to the House”. It is a simple thing. I do not know why we have been—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member knows very well that is not a point of order.

The hon. parliamentary secretary.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, in fairness, I had made a note, and the member for Timmins—James Bay does on occasion say something interesting when he rises. On this occasion, he recognized the important role that video conferencing can play for victims.

[Charlie Angus, NDP, Timmins—James Bay, ON]

I was the only one who thought of that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, yes, he was one of the only individuals who mentioned it today. In the past, I, and others, have had the opportunity to recognize the importance of victims and how we can be there to support victims. I appreciated the member's comments.

We are taking a look at ways we can use technology, and this would not only make our courts more efficient, but it would also assist victims who have been put in difficult positions. If we can make it easier by working through the courts and getting that consensus to ensure that person can appear via video conference, then we should take advantage of that situation.

I was quite encouraged by what appears to be unanimous consent to go forward with the legislation. That is very encouraging. When the legislation comes before us next, I will continue on that point, recognizing that we do have an opportunity to hopefully get Bill S-4 to committee.

I respect what the members from the Bloc were saying, that the Quebec legal bar association is looking at ways it can enhance or improve the legislation. I suspect there could be some amendments coming forward. I look forward to its ultimately passage, and I will conclude my remarks the next time this comes before the House.

The House resumed from November 23 consideration of the motion that Bill S-4, 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), be read the second time and referred to a committee.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is such a pleasure to speak to legislation. Once again, the government is providing very progressive legislation that will make a real difference in our judicial system.

I very much would like to emphasize just how important it is to take a look at Canada as a society and how we are envied around the world. One of the reasons for that is because we understand the importance of judicial independence. There is the political realm and the judicial realm, the rule of law. Canada is recognized for this around the world and is held in fairly high esteem. In fact, many jurisdictions around the world look to the Canada system. Whether it is our Constitution, Charter of Rights or how our judicial system is so successful in providing the public confidence, they are really second to no other.

I would like to refer to my father. Many years ago, after he was unable to go to work due to personal disabilities, he took a great deal of time, and made it a hobby, to go to the courts to listen to the proceedings. He virtually was there on a full-time basis. As a result, his confidence in the system grew to a point where he had a wonderful relationship with a number of judges and attorneys both on the Crown side and the defence side. He had a very good understanding.

I use that as an example because I believe that if people had a good assessment of what takes place in our judicial system, it would add to public confidence.

Personally, as a chair of a youth justice committee for many years, I had the privilege of working on the balance, the community needs and desires and the need for some form of consequence or disposition that was fair to all sides, including victims and the perpetrators. Through that experience, I gained a deeper respect for our judicial system and the importance of it being independent of politics.

Let us fast-forward to the pandemic. We have heard the Prime Minister, many of my Liberal colleagues and members on all sides of the House recognize that things occurred during the pandemic from which we all can learn. A good example of that is Zoom. Three-and-a-half years ago, I did not even know Zoom existed, and now it is a major part of my life. We can look at the House of Commons' hybrid system. Now members of Parliament from British Columbia, as an example, who are serving their constituents in their ridings, can speak on the floor of the House of Commons.

Why is that relevant to this legislation? Because this legislation, in essence, is about that. We are looking for ways to improve our judicial system. During the pandemic, certain aspects of our judicial system incorporated a more virtual contribution to the delivery of justice. That is the essence of what this bill would do.

It is important to recognize that accessibility, efficiency and effectiveness are three fundamental pillars of justice. We need to strive for that. We in government have been doing that from day one, with a number of substantial pieces of legislation to make our judicial system that much better and stronger. We have seen over the last couple of years, that the courts desire this. When I say “courts”, I mean it in the broader sense of the word, all the different stakeholders at play, whether it is victims, perpetrators, lawyers, court clerks, sheriffs, everyone involved. I suspect we would find universal acceptance on the need for modernization. That is the essence of Bill S-4.

Bill S-4 proposes a range of reforms that would make court proceedings more flexible, while protecting the rights of all participants. It would enable presentations of different forms to be done by video conference. As we look at the whole issue of modernization and how things have changed through time, we all have an obligation to look at ways to support our courts and our judicial system, and it is not unique.

In fact, members will recall Rona Ambrose's private member's bill that had recommendations that we, as legislators, felt would be in the best interest of our judicial system to ensure there was an educational component on sexual violence. After the former leader of the Conservative Party brought forward the legislation, we could not get it passed through the private members' system. The government very quickly then took the initiative and made it happen, and there was unanimous support for it.

Yesterday, during the debate on Bill S-4, we started to see the same thing. Members of the Conservative Party, the Bloc Party, the NDP and Green Party indicated support for it. It seems that once again we have achieved unanimous support for progressive legislation that will help us modernize our court system.

This has been around for a while and there is no reason why we could not see it go to committee and listen to the stakeholders. I know a great number of stakeholders have been waiting to see this legislation advance, and hopefully we will do that.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, we agree. We do not know why the government has taken so long to retable this bill, which was first introduced in the last Parliament, especially given the circumstances. We know there is a huge backlog in Canada's justice system. It is not a new issue.

As a means of addressing court backlogs, why did the government oppose recommendation 1 of the 2017 report of the House of Commons Standing Committee on Justice and Human Rights “Access to Justice Part 2: Legal Aid”, which called on the federal government to remove the legal aid funds currently included in the Canada social transfer in favour of a specific earmarked civil legal aid fund for provinces, administered under the Department of Justice Canada legal aid program?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the member asked two questions and I will provide some detail on both.

Regarding legal aid and the financing of legal aid, we need to recognize that there are jurisdictional responsibilities at both the federal and the provincial level. In terms of legal aid, there is an obligation for the federal government to work with the different provincial jurisdictions. I do not know if that answer will satisfy the member, but that is the reality. There is a sense of obligation to work with the different provincial entities, and I just do not know the more detailed background work that has been done on that.

Regarding Bill S-4 and its predecessor as a piece of government legislation, the original legislation came out through the House of Commons. One of the ways we can ensure we get it passed is to have support, and the Senate has been fantastic in ensuring that we can have the legislation before us today. Hopefully we will be able to get it through even more quickly.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, my colleague opposite cannot say that I never agree with him. In general, I agree with him on Bill S-4.

That being said, there are problems that this bill does not resolve. The bill does, however, make it possible to revert back to the standard, usual, traditional way of doing things in the event of connection issues.

The fact remains that there are many judicial vacancies and that the Parole Board of Canada has internal issues.

When will these problems be fixed? When will the government ensure that the judges who are appointed are not appointed for partisan reasons?