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

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, we recognize that we must continually be looking for improvements to our system, but we also have to be steadfast in our concern about victims in our justice system. I will continue to bring that forward for this bill, for other government legislation, for private members' bills that we move forward and in response to the Supreme Court decisions that I made reference to.

We need to make sure victims are a focus, and what we are looking for in this particular legislation is a reference to victims. We want to hear from victims to make sure their interests are looked after.

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, in his speech, my colleague talked about the system being out of balance and provided some solutions for putting victims first.

The Barreau du Québec recommends reviewing this legislation in its entirety instead of making piecemeal reforms. It suggests that we start by thinking about an immediate reform that is predictable, realistic, responsible and coherent.

What does my colleague think about that? Does he think that if we immediately launched a true, complete and in-depth reform, that might restore some balance to the system?

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, the hon. member is quite correct. I mentioned in my remarks that the evidence is coming in. Sometimes we do not know what we do not know, but now we know. We know that violent crime is up 32%. We know that the homicide rate in Canada has increased every year for the last three years and is at the highest level it has been since 2005. That would lead any logical person to conclude that what is happening right now is not working.

That is why I made reference to our need to refocus our justice system and realign it to protect communities, protect victims and support their families. We need to end this practice of a revolving door that puts offenders, without treatment and any acknowledgement that they have improved, right back on the streets to reoffend. That system is not working.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, the member for Fundy Royal spent much of his time not actually talking about Bill S-4. I am not sure if he read the whole bill, but he talked about consent and how it is mentioned in numbers. The bill does provide options for legal counsel. With the consent of the prosecutor and consent of the accused, in proceedings, the accused can appear through a lawyer so that there is not only a reliance on the accused being in court.

Having said that, I know that the member represents a riding that is rural. Does he agree that Canadians living in rural and remote communities, especially given the size of Nunavut, should have the same access to the technology needed for serving a jury summons so that victims whose justice is delayed will actually get the justice they deserve through this bill?

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, the hon. member raises a great point. I know that in her riding, as in my riding of Fundy Royal, Internet connectivity is an issue. We have all seen this over the last couple of years on Zoom, where someone's image is frozen or they are unable to participate from where they are. That is a concern with this bill as well.

We are putting in place a tool, but the resources for victims and their families are not there in some cases to allow them to participate and use that tool. I have examples of that in my own riding. An individual attempting to participate in a parole hearing remotely does not have the equipment to do that. That is a resource issue. This is something we are raising with the government to make sure that tools are provided and that all Canadians have access to them, and not just those in urban centres but those in rural areas as well.

[Corey Tochor, Conservative, Saskatoon—University, SK]

Madam Speaker, I was listening to the great speech here, and my question is about timing. We have Canadians who have been waiting to access justice for too long, and now the Liberals, after so many years in government, have moved on this. It is unfair to expect families waiting for justice to wait until 2022, or the late stages of 2022, to access justice.

I would like the member to expand a bit on the view of these individuals and what it is like to be waiting that long to get justice.

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, the hon. member has hit on a great point. We have all heard the expression “justice delayed is justice denied”, and in our country currently, under the Jordan principle, justice delayed can result in a case being completely thrown out. The Supreme Court has ruled that if a case is taking too long, charges have to be dropped against an offender.

That is why I call into question the government's narrative on the urgency of this. This bill, as I mentioned in my speech, was introduced originally as Bill C-23 a couple of years ago. What happened in the intervening time? An unnecessary election reset the clock, and here we are today studying Bill S-4.

The Conservatives support Bill S-4. There are some necessary improvements in there, but we need to maintain our focus on supporting victims and their families.

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

Madam Speaker, much of my hon. colleague's speech related to some other legislation that we have dealt with lately, and I fail to see anything in this bill that would meet the general narrative of his speech related to being tough on crime or soft on crime. This is, as I read it, and please inform me if I have mistaken the bill, entirely about how to use modern technology, including video conferencing and telecommunications methods, which have come up in the criminal justice system as a result of the pandemic.

I totally agree with him that there was an unnecessary election. I totally agree with him that this could have been passed earlier. However, I fail to see anything controversial here. Perhaps he can find something in this bill that actually relates to the rights of victims.

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, as I mentioned, we are supporting Bill S-4, but there are concerns about access. The hon. member mentions access to virtual opportunities for victims and offenders. Well, as mentioned in a previous question, not all Canadians have that access right now. Not all Canadians would have the ability to connect from where they are in their communities to a virtual parole hearing or a virtual jury selection procedure.

We need to maintain a focus on improving our justice system, and technology can play an important role in that. However, we always have to have victims at the forefront. I have mentioned to the hon. member the lack of an acknowledgement of victims in other Liberal government legislation, and we continue to see that here. Even in my own riding, individuals are unable to access virtual opportunities because they do not have the capability to do that in a rural community.

[Stéphane Lauzon, Liberal, Parliamentary Secretary to the Minister of Rural Economic Development]

Madam Speaker, I would like to inform you that I will be sharing my time with my colleague from Avalon.

I am pleased to be here today to take part in the debate on Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts regarding the COVID-19 response and other measures. This relates to the changes made during COVID-19.

Bill S‑4 proposes changes to the Criminal Code and other acts to correct procedural problems that criminal courts faced during the COVID-19 pandemic. We used some good examples to draft the bill we are debating today.

From the outset, I would like acknowledge the contribution of the Standing Senate Committee on Legal and Constitutional Affairs, which carried out an in-depth study of Bill S‑4 last spring. After it heard from more than 20 witnesses and reviewed a large number of documents in a very short amount of time, the bill passed third reading stage in the Senate on June 21, 2022.

The Senate adopted two amendments. The first requires the Minister of Justice to initiate an independent review on the use of remote proceedings in criminal justice matters no later than three years after the day on which the act receives royal assent, and that he report to each house of Parliament no later than five years after the day on which a review is initiated. The second requires a parliamentary review at the start of the fifth year after the day on which the act receives royal assent. These amendments are valid, and they will help ensure an effective review of the use of remote proceedings and other provisions of the act.

The reforms provided for in Bill S‑4 include the following proposals: clarify and expand the availability of remote appearances for certain criminal proceedings; provide for the participation of prospective jurors by video conference in certain circumstances; expand the power of courts to deal with administrative matters related to extrajudicial procedures for accused not represented by counsel; and improve the fingerprinting system.

In my speech, I will focus on how these specific proposals will make the criminal justice system more efficient and improve access to justice across Canada, while alleviating some of the intense pressure on courts to deal with delays and backlogs in the system.

One of the main ways Bill S-4 will make the system more efficient is by making the act clearer with respect to the court's discretion to allow the use of technology in all criminal proceedings involving preliminary inquiries, trials, pleas and sentencing.

The safeguards in the bill requiring consent and the factors that courts will have to take into account in exercising their discretion are key to understanding how the law regarding remote appearances will be clarified and enhanced. Their purpose is to help courts allow the use of technology only where appropriate, while ensuring that the accused's rights and freedoms are protected at all times.

The reforms provided for in Bill S‑4 will also make it possible to use technology in the jury selection process. With the parties' consent, the court will be able to allow or require prospective jurors to participate in the jury selection process by video conference instead of in person at the courthouse. A prospective juror is a person who is summoned to court to take part in the jury selection process. This will improve access to the justice system for ordinary people who are legally required to take part in the jury selection process, but who may not be able to go to the courthouse in person because of certain obstacles.

For instance, they may not be able to take a full day off work, or they may not have access to public transit or amenities in certain regions. They may also simply be unable to find parking downtown, where courthouses are located. This bill could solve a number of mobility issues. Other obstacles may include health problems, a lack of child care or even bad weather, similar to what we have seen recently.

A more flexible jury selection process will also help increase jury participation and diversity, which is essential to keeping our criminal justice system running smoothly. Since the jury selection process can often involve hundreds of people gathering in person at the courthouse at the same time, the use of technology could also ensure that the proceedings do not need to be adjourned because of health risks or other difficulties before the trial even begins. It could prevent jury trials from having to be postponed or suspended, which frequently happened during the pandemic because of physical distancing requirements.

In a way, we are taking advantage of what happened during the pandemic to improve the system, while bearing in mind that, when we came to power in 2015, Internet service was unreliable, or at least less reliable than it is today. Today we can say that we have invested significantly in Internet coverage. By 2026, 98% of Canadians will have Internet access. This means that today, we can think about improving the system to better meet needs in remote regions. As Parliamentary Secretary to the Minister of Rural Economic Development, I have visited and travelled through many regions, and I can attest to the fact that we need to provide more services for rural and remote regions.

The amendments to this bill respecting jury selection include safeguards. The accused and the prosecutor will have to consent to an order allowing or requiring prospective jurors to participate by video conference. In addition, the court will have to determine whether such an order is appropriate, taking into account circumstances like the privacy and security of the prospective jurors and the challenges they face when it comes to in-person participation, as well as the accused's right to a fair and public hearing.

What is important to remember is that the use of technology is optional and at the judge’s discretion. It is not compulsory. It will help courts ensure the effective and efficient administration of justice. The proposed reforms will also better equip the courts to continue to operate during difficult times, whether because of a pandemic, which we experienced, a flood, which I experienced twice in my riding since 2015, or any other situation that could have an adverse impact on physical access to courthouses in the future.

Although these reforms can be put to greater use in the management of exceptional and urgent situations, they are not limited to such circumstances. They will apply on an ongoing basis so as to make sure our courts continue to offer technology use options in the years to come. In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill will improve access to justice and the efficiency of our criminal courts. For example, Bill S-4 will expand the power of courts to make case management rules permitting court personnel to deal with administrative matters related to extrajudicial proceedings for accused not represented by counsel.

We need to act and support this bill.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Madam Speaker, I will repeat a question that seemed important to the Quebec bar association, which made a few recommendations concerning Bill S-4. Some of them were accepted, which is good.

In the House, we studied Bill C-75 to amend the Criminal Code and the Youth Criminal Justice Act. We also studied Bill C-5 to amend the Criminal Code and the Controlled Drugs and Substances Act. Now we are studying Bill S-4, and the Quebec bar association made what we think is a very wise recommendation about this bill. Rather than make changes piecemeal, would it not be time for an overall reform that includes all of these changes? It is a question of consistency.

Does my colleague agree?

[Stéphane Lauzon, Liberal, Argenteuil—La Petite-Nation, QC]

Madam Speaker, my colleague across the aisle asks an excellent question.

She listed bills that are part of the reform of the judicial system, but she forgot Bill C-23, which was introduced last year and is a precursor of Bill S-4, the bill we are studying today. It is fair to say that there have been changes since the last legislature.

All of this is thanks to the consultations we conducted with major stakeholders, including the provinces and territories, which took part in the decision-making process and helped us amend the former bill and come up with Bill S-4. It is a step in the right direction.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, we are aware that one of the reasons for the delays in the judicial system is the time that it takes for the government to appoint judges.

Does the hon. member have any ideas about how the House can legislate so as to ensure that the Minister of Justice appoints judges in a more timely manner?

[Stéphane Lauzon, Liberal, Argenteuil—La Petite-Nation, QC]

Madam Speaker, I would like to thank my colleague for his question.

Our criminal justice system is complex. Obviously, appointing judges is a necessary step, but we also need to put juries together. It is also important to employ the people who work for the prosecution to advance proceedings that are under way.

Today we are taking a step forward to improve the system. We are implementing a bill that will improve the system and facilitate judges’ work thanks to technologies such as the Internet and video conferencing. How many times have judges shown up for a session that had to be postponed because of one of the factors I mentioned in my speech, such as illness, transportation, family obligations and child care concerns? Proceedings have been postponed for all of these reasons.

Right now, it is important to make judges' work easier. After that, we will review and assess to determine whether that actually improved the system. This bill will make judges’ work easier. It will help the judges who are now on the bench to be more effective.

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, the parliamentary secretary spoke to the importance of the bill, but this is a COVID-related bill. It was born out of the need for remote access and digital means, and as a result of delays in processing times because of COVID, but the passage of this bill was itself delayed because of an unnecessary election call during COVID.

I am wondering if the parliamentary secretary raised those concerns with the Prime Minister when delaying this bill that he has identified as being very important.