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)

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

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I thank the cheering crowd behind me who will make my speech a lot more interesting than it would be otherwise.

I rise today to speak to Bill S‑4 and the improvements that we hope it will make to the justice system through telecommunications and technology.

When I prepare a speech, I always seek inspiration by looking at what other intelligent people have already said on the subject. In this case, I referred to what Judge Pierre Dalphond had to say. I know him more as a judge than as a senator. He said that necessity is the mother of all invention. That is how I wanted to open my speech.

I am, or was, a lawyer in life. I was a civil lawyer. That being said, there are commonalities among all types of practices. I would like to talk about some of the things I experienced as a lawyer where these measures would have made things much more effective. COVID‑19 helped to resolve some problems.

About five years ago, a partner and I tried to set up an online divorce service for people who wanted to proceed with mediation amicably but lived some distance apart. Affidavits needed to be signed in order to complete the files. We contacted Quebec's justice minister, but we did not manage to obtain permission for the oaths to be done via video conference. We tried Quebec's Register of Commissioners for Oaths and were told that it was not under their jurisdiction but instead fell to Quebec City. In short, we ended up giving up because it was far too complicated.

Every cloud has a silver lining, though. One of the first things that happened when COVID‑19 hit was that virtual swearing-in was allowed. That also prevented a gaggle of lawyers from showing up at court in the morning to set a date. Sometimes they would travel from Montreal to Saint‑Jérôme, wait an hour and a half in the hall, spend five minutes in front of a judge, set a date, return home and send legal aid a bill for $80, end of story.

When COVID‑19 hit, a solution was found to the problem of too many people showing up at the courthouse in a pandemic, and we figured out how to do everything virtually within a reasonable period of time. I do hope that Bill S‑4 will have that kind of positive impact on the way courts operate.

Here is another example from the civilian side of things, the Tribunal administratif du logement, which updated its operations a few years ago. Now all cases are digitized, because sometimes remote hearings had to be held and it was better not to move physical case files, which tended to get lost on the way from one tribunal to another. Video conferencing made the tribunal as a whole more technologically advanced, and that made things easier for lawyers, who had access to their case files online.

We hope that Bill S‑4 will have a positive impact and, more importantly, that we can avoid bad ideas masquerading as good ones. I am going to raise a few of these points.

The bill changes two main types of things. First, it clarifies and expands the rules for remote appearances and seeks to increase the use of technology in the jury selection process. It also expands the telewarrant system under the Criminal Code, allowing a wider variety of search warrants, authorizations and orders, for example, to be obtained through telecommunications.

The main areas amended by Bill S‑4 relate to juries. The bill would allow for the use of electronic or other automated means for the purposes of jury selection. It would provide for the participation, in certain circumstances, of prospective jurors in the jury selection process by video conference. This would be only in certain circumstances, with the consent and at the discretion of the court.

It would avoid certain problems. For example, when I would arrive at the courthouse in the morning and see a crowd in the entrance hall, everyone knew that jury selection was taking place. It would avoid bringing together between 100 and 500 people in the same place during a pandemic.

It would also avoid situations where the first 10 jurors to be interviewed can be hand-picked. Another advantage is that it would not result in all potential jurors being in one place together, discussing amongst themselves and giving advice to one another on how to avoid jury duty, because people can be quite creative when they do not want to serve on a jury.

There is something else that Bill S‑4 amends: It expands the opportunities for remote appearances by audio conference or video conference in certain circumstances for accused individuals and offenders. I will come back to this and the potential pitfalls. It would also expand the powers of the courts to establish case management rules that permit court personnel to deal with administrative matters for unrepresented accused persons.

Currently, only in cases where an accused is represented by counsel is it possible to communicate with a judge by video conference to deal with routine issues, which can be done much more quickly by video conference. If this measure were also applied to accused persons who are not represented by counsel, then court officials could be used instead of taking up hearing rooms and a judge's time, which could be better spent. This could potentially increase efficiency.

The bill would also permit courts to order fingerprinting, for identification purposes, at the interim release stage or any other stage of the process to avoid delays if fingerprints could not previously have been taken for exceptional reasons. For example, during the arrest, an accused—

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I represent an urban riding, but as only one of two New Democrats who represent the province of Alberta. I also feel that I often need to think about the needs of progressive voters across Alberta, so I look at these things such as access in remote and rural areas.

I agree with him that what the government has done is made us promises to make Internet available, and to make broadband available, and it has not delivered on that. It has not delivered on that across the country.

If Bill S-4 is a tool we are going to use to improve our justice system, but we have not yet put in place the infrastructure to allow that tool to be accessed equally by all Canadians, that is a massive problem. The government must do more to reduce costs and make things more accessible for all Canadians in all areas of our country.

[Eric Melillo, Conservative, Kenora, ON]

Mr. Speaker, I too wish to touch on the technology aspect of Bill S-4. With technology, obviously the Internet is a very important component of that. I know in northern Ontario and across many parts of the country, Internet access is unaffordable, is unattainable and is not reliable for many individuals.

The Liberal government has been in power for seven years, and it has made many bold promises on improving Internet access with very few results in my region and many other rural and remote regions across the country. I wonder if the member opposite has any comments on what the government should be doing to ensure Internet access is stronger across the country.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Do we have it all out of our systems now?

We are speaking to Bill S-4. Let us try to keep to that.

The hon. member for Edmonton Strathcona.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, on a point of order, I am respectfully asking you to really point out to the member that this speech is about Bill S-4, and she must stick to the subject.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to point out that in past Parliaments, when, for example, Rachel Notley was the premier of the Province of Alberta, there were an awful lot of attacks on Rachel Notley. I think it is reasonable when we are talking about justice and about Albertans' access to justice, because Bill S-4 is ultimately about Albertans' and Canadians' access to justice, that I am able to talk about the particular circumstances that my constituents are encountering with regard to access to justice.

When several of my colleagues from the Conservative Party have talked about gun laws and a number of different things during their speeches, I did give them the benefit of the doubt so that they will return that favour when I have the opportunity to speak.

I hope that they will recognize that leeway for me as well, because what I want to talk about next is something that is deeply concerning to me in Alberta as well. It is how our current premier has talked about using the Alberta Human Rights Act to include vaccination status.

Again, I have this quote, and it is from a lawyer, so I certainly hope that my Conservative colleagues can see the link. Lorian Hardcastle, who is the associate professor in the faculty of law at the University of Calgary, said, “vaccination choice is not the same as codifying rights around gender, sexual orientation, race or religion.” I also have some very deep concerns that the access to justice for Albertans is being—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I thank the hon. member for that intervention. We do allow a lot of leeway in members' speeches. I know that we are specifically speaking to Bill S-4 and I hope that everybody will keep their comments to that.

The hon. member for Edmonton Strathcona.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I am rising on a point of order. If the hon. member for Edmonton Strathcona has an ambition to run provincially and to have a role there, her speech today is not related, by any chance, to the subject of Bill S-4.

I would really appreciate it, Mr. Speaker, if you would point that out to the member.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, as always, it is a deep honour that I am allowed to stand in this place and represent the incredible people of Edmonton Strathcona, and particularly to speak about Bill S-4.

Bill S-4 is all about increasing access to justice. It would make sure that all Canadians have the equal right or the equal access to our judicial system. It would remove barriers to justice and do all of the things that everyone in the House will and can support.

I am very happy to see this legislation. I commend the government for bringing this legislation forward. It makes sense. Our judicial system has been neglected. We have not modernized our judicial system to keep up with the times, to stay current and to be as accessible as it could be.

This would make part of our judicial system better. It would increase the use of technology in appropriate ways. It would include increasing audio and video conferencing options, which will vastly improve the ability of people in remote or northern communities to access justice. As I have said, it will modernize our system, and this is an important thing that we need to do as legislators. As parliamentarians, our role is to continuously look at how we can improve our judicial system, how we can make it more accessible and make it better for all Canadians.

The hope is that it would fundamentally fix the backlogs in our system. There were backlogs that we saw during COVID and that we saw even before COVID. The backlogs have meant that justice has been denied. As many have said before me today in the House, justice delayed is justice denied.

I am happy that the government brought this forward, and the New Democrats will be supporting it. However, I have some serious concerns about why it took the government so long to bring it back. It was something that was put before us in the last Parliament. An unnecessary election was called and therefore it died on the Order Paper. The election was in September 2021, so it has been 14 months since that time, and we have not seen this legislation before now. While I am commending the government for bringing it forward, I would have liked to see this come sooner.

When I look at this legislation, I have to reflect on what more could be done. We have seen some real challenges and questions, both at a provincial level and a federal level, in terms of appointing judges, making sure that judges are adequately appointed and making sure that questions around how judges are appointed are transparent and Canadians can trust that.

One area that is very important to me is the failure to support legal aid properly. This is both a federal and a provincial jurisdiction. As a member of Parliament who represents the citizens of Alberta, I have to say that Alberta is in crisis right now with our legal aid system.

I will read from an article in The Globe and Mail that was published earlier this year by Deborah Hatch, who is the director of the Canadian Council of Criminal Defence Lawyers and the past president of the Criminal Trial Lawyers' Association of Alberta. She said, “For as long as the provincial government resists increasing legal aid funding in a substantial and immediate way, individuals in the justice system, and ultimately our democracy, will suffer.” It is quite shocking that, ultimately, our democracy will suffer.

It is clear to me that in recent years, with the failures to appoint judges and with the failures to fully support our legal aid system, in fact, Albertans have had less access to legal services. Albertans' access and ability to interact with our legal services have been reduced. While it is happening in Alberta, and it is a provincial jurisdiction, it is something that all parliamentarians must be watching and be deeply concerned with.

The Canadian Bar Association wrote last month that without adequately funded legal aid, our justice system will continue to deteriorate.

The Alberta Crown Attorneys' Association said, “lawyers in the defence bar who represent the accused through legal aid deserve fair and competitive compensation”. However, that is not happening right now in Alberta.

One interesting statistic, when I look at legal aid, that I find fascinating, is in this quote: “Independent research has shown that $2.25-million is saved for every $1-million injected into legal aid”. Therefore, for every $1 million that we spend on legal aid, we save two and a half million dollars. Even my very fiscally minded Conservative friends can surely see that this would be a very compelling argument.

I have other concerns with what is happening in Alberta as well. We have a new premier, Danielle Smith, who is proposing a sovereignty act—

[Jenica Atwin, Liberal, Fredericton, NB]

Madam Speaker, I will be sharing my time with the member for Edmonton Strathcona.

I am pleased today to have an opportunity to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts on the COVID-19 response and other measures. This bill would increase our justice system's efficiency and ensure that all Canadians have equal access.

The COVID-19 pandemic altered our everyday lives, including necessitating new ways of accessing the criminal justice system. The solutions invented to accommodate our circumstances proved efficient and should be used going forward to optimize the ways in which criminal trials are conducted in Canada. This bill's proposed amendments support the increased use of technology in criminal courts across Canada. This has a variety of applications, such as the use of technology in the jury selection process, remote participation of prospective jurors and remote appearances for accused persons and offenders.

I want to focus first on the amendments relating to the jury selection process. The amendments would enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way. When a court allows prospective jurors to participate by video conference, it will be an individual's choice whether they want to participate in person or remotely.

Importantly, Bill S-4 accompanies the government's efforts to increase remote Internet access across our country and close the digital divide. However, while we work toward efficient Canada-wide Internet access, there are measures in place to help individuals who may not have optimal connection. When the court requires prospective jurors to participate in the jury selection process by video conference, it would need to approve a location equipped with the technological infrastructure for them to participate by those means, such as a community centre or courtroom set up with the requisite equipment.

If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from other locations, such their homes or offices, if they choose to participate that way. However, in this case, the court would also need to provide the option for prospective jurors to participate in the jury selection process in person.

These amendments would help our jury system represent the face of Canada. Increased representativeness would be ensured by first reducing the barrier of attending in person. Prospective jurors living in rural or remote areas would enjoy minimized travel time and costs, and those who need to find child care or who hold precarious employment would experience reduced time required to find alternative child care or time needed off work. It would also reduce emissions, I will add.

Second, the changes would ensure that persons who do not have access to adequate video conferencing technology, or who have limited understanding of the technology itself, would continue to be able to participate in the jury selection process and ultimately form part of the trial jury. These are critical measures to bridge discrepancies in Internet access while we work to shore up connection across Canada, including in my home province of New Brunswick.

In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill would improve access to justice and efficiencies in our criminal courts. For example, Bill S-4 would expand the power of courts to make case management rules to allow court personnel to deal directly with unrepresented accused persons on administrative matters for out-of-court proceedings. Currently this is only permitted if the accused person is represented by counsel. This may represent a relatively small change to the Criminal Code, but I believe it would go a long way to improving access to justice for unrepresented accused persons.

It is very important to note that these uses of technology are optional and subject to the judge's discretion, as opposed to being mandatory. I want to stress this point. These measures would assist courts in continuing to deliver justice in an effective and efficient way. The proposed reforms would also better equip courts with the tools to keep things moving during challenging times, because of a pandemic, a flood or any other situation that could hinder physical access to the courts in the future. While these reforms may be relied on in a more significant way in managing exceptional and emergency circumstances, they would not be limited to such circumstances. They would apply on a permanent basis to ensure that the options to use technology continue to be available to our courts for years to come.

Another important element of increased efficiency in this bill pertains to digital fingerprinting. Bill S-4 would amend the Criminal Code to allow a court to issue a summons for fingerprinting if an accused was previously required to appear but such identification was not completed for exceptional reasons. In addition, courts would be able to make an order for the fingerprinting of an accused person being released on bail. These reforms would facilitate the efficient collection of fingerprints, which is critical for the smooth functioning of our court system. When courts operate efficiently, more Canadians access justice and our country is better off.

The expanded telewarrant system is also critical. Expanding the possibility of obtaining a greater number of search warrants and other judicial authorizations by means of telecommunication would contribute to efficiency gains in the criminal justice system by reducing the need for in-person attendance and physical delivery of search warrant applications by law enforcement. Indeed courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.

Subsection 800(2.1) has, since 1997, authorized summary conviction trials by video for accused persons in custody. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999.

Bill C-75, which was passed by the House in 2019, modernized and facilitated some appearances by audio or video conferences of all persons involved in criminal cases, including judges, under certain circumstances.

Rather than overhauling criminal procedure, Bill S-4 continues to permit proceedings by remote appearance. This bill picks up where Bill C-75 left off, in light of the experience gained and the questions that arose with the use of technology in the criminal courts during the pandemic.

I would like to personalize this for a bit, if I may. Before I joined the House, my work was centred on supporting youth at risk in the education system. From time to time, students would find themselves interacting with the justice system. I had the opportunity to help them navigate these public institutions, understand their rights, and when the circumstances permitted, to also pursue justice. I remember a particularly frustrating time in which unnecessary delays prolonged the personal suffering of a survivor of sexual assault, adding to their trauma. I remember the anger and frustration this evoked and the feelings of helplessness for all involved.

Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can be used to help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of participants.

The reforms proposed in Bill S-4 flow from the important work of the action committee on court operations in response to COVID–19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.

Bill S-4 is an example of how we can improve the legal system, but there are other ways we can also discuss pushing things forward. I would like to mention restorative justice, which is an approach that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about it and address their needs in the aftermath of a crime.

It will invest in programs for first nations and indigenous courts as well, creating more pathways for healing by including indigenous knowledge and traditions, restorative justice practices and elders in the court process.

It will reform how sexual assault cases are prosecuted in Canada through a feminist equality lens.

It will ensure that everyone, regardless of income level, should be able to use the remedies that Canadian laws and the Canadian legal system provide.

It focuses on a system truly built on preventing youth crime by addressing its underlying causes, responding to the needs of young persons, and providing guidance and support.

Without continuing our work on multiple fronts, we cannot claim that there will be true justice for anyone who is involved in legal proceedings. Bill S-4 is part of the solution, and we need to continue to build on it to restore confidence in our legal system.

In 2022, the national justice survey revealed that 49% of Canadians are not confident the Canadian criminal justice system is fair to all people, and that 39% think it is not accessible to all. These numbers are incredibly alarming, and Bill S-4 is a step in the right direction.

In conclusion, Bill S-4's measures are both practical and necessary. They would assist the provinces and territories, which are responsible for the criminal administration of justice, by giving criminal courts additional tools to tackle delays. They would also benefit everyday court users. For these reasons, I urge everyone in the House to support Bill S-4.

[Richard Bragdon, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, it is an honour to rise here today to speak in the House about Bill S-4. We have been spending some time reviewing the attributes of the bill and the importance of making sure we address the backlog issue in the criminal justice system and the ways we can better expedite that. This is obviously in relation to the aftermath and effects of COVID-19 and the ever-increasing backlogs. One way of addressing them is to make sure that the technology available and disposable to us is utilized effectively to help address issues where possible.

That is why overall in principle we support the bill. There may be some friendly amendments we want to see passed through the process of the bill working its way through the House, but the need to address the challenges and the backlogs in the criminal justice system should be paramount.

There is a rising frustration with the backlog issue and people who are facing delays in justice. There is an expression for this: Justice delayed is ultimately justice denied. We need to do whatever we can as parliamentarians to effectively address that backlog and make sure that justice is delivered fairly, equitably and expeditiously.

In preparation for my remarks today, I could not help but think of an old country song. I think it is a folk song. I will not sing it today, as all members would leave here very quickly, but it is an old song they may recognize:

There's a hole in the bucket, dear Liza, dear Liza,
There's a hole in the bucket, dear Liza, a hole.

Then she says:

So fix it dear Henry, dear Henry, dear Henry,
So fix it dear Henry, dear Henry, fix it.

Then he goes through all of the excuses about straw and needing an axe, which will not work because it is dull. Then she says to use a rock and sharpen the axe. Well, he cannot find a rock. Then she says they will get water and fix that.

They go back and forth, and the bottom line is that the excuses kept coming for not addressing the hole in the bucket. He kept offering up reasons as to why it could not be fixed. The hole never got addressed, but the excuses kept being offered. Well, I stand in the House today to say that there is a hole in the justice bucket, dear Speaker, dear Speaker, and we need to address the hole.

It is not just the backlogs, so today I want to address the bigger issue, which is stopping the revolving door into and out of our prison system.

We cannot address the backlog issue without discussing the bigger picture. How do we make sure that those who have committed crimes, served their time, paid their debt to society and returned back to their communities do not re-enter the judicial system, clog it up again and create more backlogs? The best way to do that is to address the hole in the bucket, as it were, and make sure we are addressing the rates of recidivism and how we can collectively get those rates down.

The best way we can do that is through effective partnerships. Yes, government has a role. Yes, the judicial system has a role. However, so do some tremendous organizations and groups in our country, across the nation, that help make sure we address the root causes of the hole in the individual's bucket.

How do we do that? It is not just by reaching across the aisle here to get good legislation passed, which is important and one step, and making sure that bills are improved upon and made the best they can be to address backlogs. It is also by looking at the best practices around the world, not just here at home within our country, where there are some great practices having great results that need to be looked at. Let us look across the world for systems and programs that are having a tremendous effect in reducing the overall rates of recidivism.

This is a passion for me. In the last Parliament, I had the privilege of seeing my private member's bill, Bill C-228, pass and become a law thanks to the overwhelming support of members on both sides of the aisle. I am very thankful for that and had good input on that bill from various parties. We saw it come out of the Senate unanimously and it became a law in June 2021. That bill was for addressing recidivism and making sure we do what we can to bring those rates down and stop the revolving door into and out of our prison system.

At the time, just a year and a half ago, when I proposed the bill and the bill went through, the rates of recidivism in this country were close to 25%. That means that up to 25% of people who served their time and got out of federal prison were ending up back in the criminal justice system within two years.

That is a tragic statistic, but what is even more tragic is that those stats have gotten worse in the last 18 months. I can tell members that right now it is nearly a third, or close to 33%. According to the latest StatsCan statistics on the Department of Justice website, over 30% of adult offenders are finding themselves reconvicted. Talk about a hole in the bucket. We have a massive hole in the bucket in the criminal justice system in Canada that needs to be addressed.

Some would say we have to do “this”, and it is going to be the ultimate answer, or we could do “that”, and it is going to be the ultimate answer. I think it is going to take different types of approaches to get the balance right to correct this problem.

There is a punitive role in criminal justice. There absolutely has to be adequate punishment for severity of crimes, absolutely. If someone does a crime, time has to be served, and we must make sure they pay their debt to society, especially for heinous and violent crimes. That is absolutely critical, and we advocate for that on this side of the House.

However, we also need to recognize that there is a role for restorative justice. It is a role for those who come alongside and are complementary on the back end to make sure that those who have committed a crime, once they have done their time, are not only getting help while they are serving their time. Perhaps this is done with new and innovative programs, like what is being proposed by my hon. colleague from Kelowna—Lake Country with her recent private member's bill to address addictions while people are incarcerated. It would be a great step in the right direction to start some of that good programming while they are on the inside.

Let us also make sure that when they get on the outside, we are partnering with effective organizations that are doing tremendous work. Then, once people are released from the prison system, they can find a place to go where they can get their education completed, get 12-step programming, get life skills development and get job opportunities and placements. Often when people come out of the criminal justice system, it is hard for them to find meaningful employment because they have a criminal record.

How can we effectively work together with other organizations to find solutions, not only at the front end while they are incarcerated but also once they have been released?

What would go a long way in addressing the backlogs in the criminal justice system is reducing crime overall. We need to deter crime with a punitive approach to make sure that if someone does criminal activity, there is a consequence. However, there also needs to be a restorative approach that makes sure that if someone has messed up and made a mistake, we have supports that can bring them the help they need to make sure they do not go back to a life of crime. I think this two-pronged approach is going to help address the proverbial hole in the bucket that needs to be addressed.

I thank the Speaker for the opportunity to address this today and to be in the House. I cannot help but think of all those who are serving in the field, volunteering and helping to make a difference in keeping people from going back to a criminal lifestyle. I pay tribute to them today. I thank the volunteer organizations, non-profit organizations, chaplains and others who are doing the hard work, the necessary work, the work of coming alongside the wounded in our society to make sure they are getting the help they need. Let us help our communities as a whole, help victims and make sure that those who perpetrate crimes do not reoffend and that they help others in need.

With that, I conclude my remarks today, and I thank the House for the opportunity to address this. Let us do all we can to fix the hole in the justice bucket.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I brought up the victims, because they are not mentioned in Bill S-4. The tragedy in James Smith Cree Nation in Saskatchewan happened on September 4. Now we are at the end of November. Many families and relatives have been victimized more than ever over the last three months. We have not spoken to that.

Every day, the Saskatoon Star Phoenix or other news organizations in Saskatchewan talk about the healing process. It might take months, if not years, if ever to forget what happened when Myles Sanderson took the lives of 11 people.

There is no question that we need to modernize the justice system. If we had the time, we probably should modernize the House of Commons. We get stuck in our ways over the years and the decades, but this is one thing on which we can all agree. The justice system needs to end the backlog and get people in front of the courts sooner rather than later.

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

Mr. Speaker, Bill S-4 takes into consideration the idea of technology and the experiences we had during the pandemic. The judicial system sees the benefits of having video conferencing and incorporating that. It is legislation that has been around for quite a while now. It even predates the last federal election.

I understand the Conservatives will be supporting the legislation, and they have taken the opportunity to add additional comments. The additional comments leave the impression that the Conservatives are tough on crime and that they think about the victims. They can say what they like but it is important to recognize that I believe all parties in the chamber understand and have a great deal of sympathy and empathy for victims. We have a judicial system to protect the interests of all Canadians. It is something of which we can be proud.

Does the member not feel that given the very nature of the support of the legislation that we can all get behind it? It is important to recognize technology and the advancements of it.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, it is my privilege to speak to Bill S-4. I will be sharing my time with the hon. member for Tobique—Mactaquac. We are looking forward to hearing his comments as well.

As we all know, the goal of this bill is to increase the efficiency, the effectiveness and the accessibility of the criminal justice system in response to the challenges that we had with the COVID-19 pandemic, which has contributed to the enormous backlog that we have in the criminal justice system today.

The Conservatives have been raising concerns about delays and potential for criminals to simply walk free due to the Supreme Court's decision on Jordan. That decision said that no more than 18 months could pass between laying a charge and the end of a trial case in provincial courts or 30 months for cases in superior courts. We have seen a number of cases throughout Canada, provincially, certainly exceeding the 18 months over the last couple of years.

In the interest of serving justice, why would we not implement all the modern tools and resources at our disposal today to maximize productivity?

The resources being considered include amending the process for peace officers to apply and obtain a warrant using telecommunication rather than appear in person and expanding the ability to conduct fingerprinting of the accused at a later date, in exceptional circumstances, should fingerprinting not previously have been taken. The justice would have the discretion to determine what would be considered necessary in these circumstances.

Also being considered is expanding the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused who are not presented by counsel. We currently have a case in Saskatoon to which this certainly applies. Currently, this only applies to those represented by counsel.

Also being considered is expanding the ability for the accused and offenders to appear remotely by audio conference or even video conference in certain circumstances and the allowing of the participation of prospective jurors in the jury selection process by video conference if deemed appropriate and if the prosecutor and the accused consent, as well as using electronic and automatic means to select jurors.

Some of these modernizations are beneficial from both a safety and a financial perspective. For example, participating virtually would cut down on the transportation time and the cost and the resources needed to transport and protect the accused.

As we know, transportation costs are skyrocketing, it seems like every day. We all know that. It is not an insignificant consideration, considering the price of diesel and gas, especially in remote and northern communities.

The federal ombudsman for victims of crime has also raised a number of concerns regarding the impact of COVID-19 on the justice system, which must be carefully weighed in the consideration of Bill S-4.

The ombudsman pointed out that accessing justice in remote areas of the country, where bandwidth and Internet access remain an issue, could have a negative impact on the delivery of justice. We would not want to see that.

She also flagged the issue of ensuring that jurors remain anonymous and the potential to compromise their privacy with facial recognition software. For some victims and their families, it is an important part of their healing process to see the accused and the offenders in person or by video conference. In these situations, the use of a telephone would certainly deprive them of this opportunity.

The needs of the victim must, and I repeat, must always be weighed when considering an amendment to the Criminal Code.

Access to the Internet for rural Canadians has been a long issue in our country. The current government has promised for years to improve access to the Internet, and we know that this is a big issue in rural Saskatchewan, where I live, and certainly in remote and northern spots in Canada. It is blotchy at best, as it cuts in and out, and it has been an issue for the last seven years that the government has been in office.

Not everyone has access to the Internet. We saw this during COVID where schools tried to participate in classrooms and some did not even have access to a computer. There are issues with the Internet, which is a concern for prospective jurors to appear by video conference during the jury selection.

A jury summons, as we all know, is a very serious responsibility. However, I think many Canadians simply cannot take time off, particularly if one is a small business owner. It is near impossible for many to be compensated properly. As we all know, time is money and for the majority in our country, the two are certainly hard to fit in when someone does open that letter up and has been selected for jury duty.

Our legal system, without question, and we have talked about it for the last two days in this place, needs to improve. Bill S-4 aims to increase the efficiency, effectiveness and accessibility of the criminal justice system in response to the challenges that we have heard of over the last two years with the pandemic. The bill would also clarify and somewhat broaden the circumstances under which accused individuals, the offenders and others involved in criminal proceedings, may appear by audio conference or video conference.

I want to step back and have members think about the horrible incident we had at the James Smith reserve in my province of Saskatchewan, where, unfortunately, 11 people lost their lives over a warrant that had been out for months for Myles Sanderson.

If members recall, Sanderson became one of the worst mass murders in Canadian history. That day was September 4. Sanderson murdered 11 and injured 18 others during an early morning killing spree. In total, when Sanderson did die, he had been charged with 125 crimes. James Smith is a small community, roughly about 1,900, in northeast Saskatchewan. Therefore, when we see tragedies like this occur, we often have to ask ourselves if we could have prevented this. The warning signals were there for months, if not years.

It is not a coincidence that, since 2015, the violent crime rate in Canada has gone up 32%. This is a staggering statistic that for which the government must answer.

The community of James Smith is now left to pick up the pieces of this senseless act. The community has been victimized. Victims should be given at least as much consideration as offenders, but in Bill S-4, they are not even mentioned once. This soft-on-crime agenda by the Liberal government is not serving justice in our country.

The bill follows other pre-pandemic efforts to modernize the criminal justice system and reduce the delays in court proceedings. Delays in the criminal justice were already a serious issue before the pandemic. The measures contained in Bill S-4 would both modernize and make it more efficient, hopefully, for certain aspects of the delivery of justice.

Several family members have come forward in recent weeks with traumatic stories from the James Smith Cree Nation tragedy. Their stories are a crucial part in the healing process in the delivery of justice on that reserve. These are people we must be mindful of when crafting, carefully, this legislation. If we get the bill right, it will balance the need to improve efficiency with the rights of the people it serves, and always consider the victims and their families as a cornerstone of any justice legislation.

[Rachel Bendayan, Liberal, Outremont, QC]

Mr. Speaker, more needs to be done. I agree with my colleague. The question is whether the bill does enough. I think more could be done. As mentioned earlier, Bill S‑4 was introduced in the previous Parliament, and we are receiving it from the other place.

I believe it will improve access to justice and ease the burden on judges, which is good. Is that the end of the story? The answer is no. More needs to be done.