This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC
Madam Speaker, there is never a good or bad time to introduce a bill.
There have already been amendments to the bill introduced last year. We worked with the Senate committee, the provinces and the territories, legal experts and people who offered recommendations. Starting last year, we made improvements to the bill and we made sure that Bill S‑4 was up to date and ready to be introduced.
Ken McDonald Liberal Avalon, NL
Madam Speaker, it is always a pleasure to stand in this place to represent the constituents of Avalon. I am pleased to have the opportunity to provide an overview of some of the key areas of reform proposed in Bill S-4, an act that would amend the Criminal Code and the Identification of Criminals Act and make related amendments to other acts.
Bill S-4 would increase the efficiency and effectiveness of criminal proceedings by giving courts more flexibility and clarity in response to the particular challenges that arose in the pandemic. When the COVID-19 pandemic began, the remote appearance provisions in the Criminal Code had just been reformed through a former bill, Bill C-75, in 2019. Those amendments had been informed by the 2013 report of the Steering Committee on Justice Efficiencies and Access to the Justice System, entitled “Report on the Use of Technology in the Criminal Justice System”, as well as consultations with provincial and territorial governments.
Bill S-4 continues to build on those reforms, taking into account new calls for reform by those working in the criminal justice system during the pandemic and courts' experiences with the increased use of technology that occurred as a result.
My remarks today will focus on the necessity of the proposed amendments relating to remote proceedings, which represent a continuation of existing legal practices here in Canada.
Prior to the COVID-19 pandemic, criminal court proceedings were presumptively held in person. Remote appearances were permitted under the Criminal Code but were very much the exception. There were provisions in the Criminal Code to allow people to attend some proceedings by way of audio or visual connection, but since they were not routinely used, legal clarification or guidance was needed.
The pandemic had an abrupt and immediate effect on the operation of courts, as courts across Canada shut down for periods of time and had to figure out how to operate without in-person attendance or with very limited in-person attendance. To cope with the pandemic and maintain the administration of justice, including maintaining access to the courts, courts around the country pivoted away from in-person appearances and held numerous hearings and matters in a virtual space.
The COVID-19 pandemic forced changes to how courts operate. Unrestricted in-person appearances were no longer permitted, and initially courts were forced to adjourn the majority of appearances, ranging from pleas to trials. This created a backlog of cases in the court system that still needed to be heard, regardless of the circumstances of the pandemic. In many cases, having participants appear by video conference when possible allowed court operations to resume.
However, even with courts adapting and modernizing to address the challenges they faced during the pandemic, many remain unable to operate at their prepandemic capacity. Indeed, the median length of time for an adult case to resolve in criminal court increased when compared with prepandemic levels. Further complicating matters was the fact that the number of adult criminal court cases that exceeded the presumptive time limits set out by the Supreme Court of Canada in Jordan had increased significantly since the onset of the pandemic.
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 such as search warrants and production orders in the context of an investigation. 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.
Allowing and continuing remote appearances is not just about responding to the COVID-19 pandemic. Remote appearances would provide greater flexibility for courts to continue proceedings when it is not possible to do so in person for other reasons, such as natural disasters. During its study of the bill, the Standing Senate Committee on Legal and Constitutional Affairs heard witness testimony about the closure of the Calgary courthouse during the floods of 2013. Due to the natural disaster, the court was forced to close proceedings for a period of time. Matters could not be heard and were adjourned.
The changes proposed in Bill S-4 make clear that certain proceedings can move ahead by audio or visual conference, even when in-person attendance is not possible or safe, allowing courts to operate as efficiently as possible in the interest of all participants in the criminal justice system.
While there has been acceptance of proceedings occurring by way of audio or video conference, the reforms included in Bill S-4 do not seek to make this the norm or default. Indeed, as before, the principle set out in the Criminal Code will continue to be: “Except as otherwise provided... a person who appears at, participates in or presides at a proceeding shall do so in person.” This principle would not change. Rather than upending the legal system, the bill would continue to allow the flexibility of proceedings in a manner that makes sense in the circumstances, with appropriate safeguards built in.
When considering whether to authorize remote proceedings, courts will be obligated to consider the impact on the safety of the participants, while supporting greater access to justice moving forward, including for those living in remote communities. Courts would also be required to ensure that decisions to authorize remote appearances are exercised in accordance with the charter, including the right of an accused person to make full answer and defence, and to have a fair and public hearing.
While Bill S-4 would clarify and expand when remote appearances are possible, it would not be the first to introduce these concepts into the Criminal Code. At committee, there were some concerns expressed over a judge's ability to assess the credibility of witnesses and accused persons during remote proceedings, as well as the importance of protecting an accused person's ability to face their accuser.
While these are important considerations the court must turn its mind to in each case, they are not unique to the provisions Bill S-4 would amend. 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 authorized summary conviction trials by video for in-custody accused since 1997. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999. Bill C-75, which was passed by this House in 2019, modernized and facilitated some appearances by audio and video conference of all persons involved in criminal cases, including judges, under certain circumstances.
Rather than overhauling criminal procedure, Bill S-4 would continue to permit proceedings by remote appearance. The bill would pick up where Bill C-75 left off, in light of the experience that was gained and the questions that arose with use of technology in the criminal courts during the pandemic. Bill S-4 would make practical and necessary amendments to the Criminal Code. These amendments would facilitate efficient operation of the criminal courts and have a direct impact on people who need or want to access the criminal justice system. The bill is not intended to make remote trials and hearings the norm, but rather would give the courts the flexibility to proceed in this manner when it is appropriate under the circumstances and where the technology exists.
These are limited but necessary reforms that have been developed in consultation with the provinces and territories and take into consideration the views of stakeholders. I am confident the bill and the proposed reforms would improve efficiencies in our criminal justice system while still providing careful oversight by the courts to ensure that the rights of accused persons and offenders are protected with the use of technology.
For these reasons, I urge all members to support Bill S-4.
Dave Epp Conservative Chatham-Kent—Leamington, ON
Madam Speaker, much of my hon. colleague's speech dealt with aspects of the bill that, as has been earlier indicated, the Conservatives will support. What he did not address was the balance, or more properly the imbalance, between attention to victims and attention to perpetrators. I believe he comes from a riding similar to mine that is more rural in aspect, certainly with large rural areas, and my phone is blowing up this morning with what has gone with the most recent attempt of the government to further inhibit the rights of legal firearms owners.
I am wondering if the member could comment as to why the government seems to err on the side of perpetrators and target law-abiding firearms owners as opposed to really going after the criminals in our society.
The Assistant Deputy Speaker NDP Carol Hughes
I would remind members to make sure their questions are pertinent to the matter before the House. I will see if the hon. member feels the question is pertinent and chooses to answer.
The hon. member for Avalon.
Ken McDonald Liberal Avalon, NL
Madam Speaker, I do not think we are showing favouritism to one side or the other. From my perspective, victims should have every opportunity to appear by video conference or in person, if they want to face the perpetrator in any particular case.
I hope everybody will support this going forward. When the bill goes to committee, maybe some amendments could be made to enhance it and make sure that is the case for anyone who has a problem with the courts or the decisions being made today.
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
Madam Speaker, the Bloc Québécois does agree that this is a good bill, although it does not address all the issues. No one will be surprised to hear that we will be supporting it.
However, we can all agree that the bill does not resolve all the problems with the Criminal Code. There is something wrong with the Criminal Code. Non-governmental organizations, or NGOs, that want to work in Afghanistan to help the people there cannot do so because they could be prosecuted, given that the Taliban are on the Criminal Code’s list of terrorist organizations. They cannot deal with the Taliban because they could be charged under the Criminal Code. The government could have changed that, but it did not.
I would like to know whether my hon. colleague would agree to amend the Criminal Code so that our NGOs could do their work in Afghanistan.
Ken McDonald Liberal Avalon, NL
Madam Speaker, I certainly would support that amendment to make sure everybody could have an opportunity to appear as a witness or take part in any court proceeding. I do not think people should be limited by not being able to appear on their own behalf or on behalf of others.
Matthew Green NDP Hamilton Centre, ON
Madam Speaker, there is a fundamental principle that justice delayed is justice denied. We have heard all the various ways in which our legal system is falling apart with backlogs. This bill addresses one administrative part, but I think about those who are awaiting trial in custody, being held on remand, and the great delay in the government's bringing this legislation back.
In particular, as a means of addressing court backlogs, why did the government oppose recommendation 1 of the House of Commons Standing Committee on Justice and Human Rights 2017 report on access to justice? Legal aid called on the government to remove legal aid funding currently included in the Canada social transfers in favour of a specific earmarked civil legal aid fund for provinces, to be administered under the Department of Justice.
Ken McDonald Liberal Avalon, NL
Madam Speaker, I am not quite familiar with that provision. I will certainly look at it to see exactly what it says, but I am sure there was a valid reason for not removing it from one part of the judicial system when it comes to witnesses appearing or adjudicating and not being put in some other section.
Sometimes we can bog ourselves down in paperwork if we move things around. If it is not broken or if it is still working, why destroy it and put in something that we do not know is going to work?
Damien Kurek Conservative Battle River—Crowfoot, AB
Madam Speaker, as always, it is an honour to join in the important debates and discussions that take place in the House and to be able to discuss the wide variety of issues, both directly and indirectly, addressed through Bill S-4.
I will be streaming this speech live on Facebook, where I will endeavour to not only address some of the very important aspects of Bill S-4 but also endeavour to take feedback and comments from those who are watching on Facebook. My Facebook handle is “@dckurek”. I look forward to addressing some of the comments and concerns that constituents bring forward.
Bill S-4 would codify some of the dynamics that existed during the course of COVID. These are things like video appearances and certain technical and administrative challenges associated with the circumstances around offices being closed, for example, the fact that the fingerprinting could be a delayed process and a whole host of administrative concerns.
I would highlight and encourage those watching live on Facebook to share their stories as well about some of the dynamics associated with rural crime. Access to justice is something that is not unique to rural Canadians. This did not start in 2020 with COVID, and it certainly has not repaired itself as we have seen life get back normal.
My constituency, for example, as many who are watching from there will know, is about five hours from corner to corner, and it is hours to the nearest courthouse. In many cases, the response time of law enforcement to very serious crimes is measured in hours or even sometimes in days. It is an important context in which we see this soft-on-crime approach.
I happen to agree with a statement that was made the other day by one of my Conservative colleagues that this is a hug-a-thug approach. It is really unfortunate, because we are seeing that my constituents are facing the consequences of that soft-on-crime approach by not seeing our justice system as a system that serves justice. In fact, the most common statements that I receive from constituents are that we do not have a justice system, and that it is simply a poor excuse for a legal system.
I certainly see the Liberal record over the past seven years as being one that piles on failure after failure, whether it be Bill C-5, which would eliminate a whole host of sentences for very serious crimes, or the justice minister, with an astounding level of ignorance and arrogance, who simply says that we will leave it up to the judges. I have more examples than I could fit in days of debate about where the justice system does not actually bring about the punishments that should certainly fit the crime, and we are seeing a massive erosion of trust in the system.
I see, specifically, a member from the government who seems to be participating in my Facebook live. I thank him for his viewership and amplification of the sound, common-sense Conservative message that certainly resonates with Canadians.
I would note something that I think is especially relevant. There is an astounding level of ignorance displayed by the Liberals, and this was highlighted just the other day. The rule of law, to them, seems to be this plaything. I would like to read a text message sent from the Minister of Public Safety that was revealed at the Emergencies Act inquiry commission. The parliamentary secretary who just commented on my feed should maybe pay attention to this. It says:
...you need to get the police to move....
And the CAF if necessary....
Too many people are being seriously adversely impacted by what is an occupation. I am getting out as soon as I can. People are looking to us/you for leadership. And not stupid people. People like Carney, Cath, my team.
The reply goes on to say, “How many tanks are you asking for...I just wanna ask [the Minister of National Defence] how many we've got on hand.”
The response from Canada's Minister of Public Safety was, “I reckon one will do.”
That is astounding, and I would suggest disgusting, that the Liberals would suggest that pulling out tanks to bring to the streets of our capital city would, in any universe, be an acceptable practice. We see how—
Chris Bittle Liberal St. Catharines, ON
Madam Speaker, I rise on a point of order. On a point of relevance, I know the Conservatives love to defend the convoy, but we are not talking about the illegal occupation of Ottawa or the Emergencies Act. We are talking about Bill S-4. I wonder if the hon. member could get back to talking about the bill.
Damien Kurek Conservative Battle River—Crowfoot, AB
Madam Speaker, I rise on a point of order as well. It is interesting that the Liberals are intent on pivoting away from their many failures not only on access to justice—
The Assistant Deputy Speaker NDP Carol Hughes
I want to remind members that the debate is on Bill S-4. I also want to remind members and make sure that, although there is a bit of latitude during members' speeches, their speeches should be relevant to the bill that is before the House. I am sure the hon. member for Battle River—Crowfoot will bring it back to the bill itself.
The hon. member for Battle River—Crowfoot.
Damien Kurek Conservative Battle River—Crowfoot, AB
Absolutely, Madam Speaker.
We see how the Liberal government is refusing access to justice for Canadians.
Bill S-4 has some practical steps to ensure that my constituents would see a small step forward to be able to access the court system through things like video conference and whatnot. However, this is in the context of the larger trend where we have the Liberals more concerned about tanks on our streets than ensuring that Canadians have justice.
Somebody watching made the comment that we need time that fits the crime. We have a justice system, as is being highlighted by some of those who are commenting, where instead of prioritizing the rights of victims, in some cases those whom have seen absolutely devastating crimes, including sexual assault or a firearm being discharged with intent, the Liberals are eliminating sentences.
My constituents have made it very clear. The Liberals like to say that somehow we do not support justice or whatever the case is. There is one party in the House that stands up for victims, and that is the Conservative Party. That is increasingly clear, as we see the Liberals demand that somehow a soft-on-crime approach is a good way to stand up for victims of crime. That could not be further from the truth. We see a backlog within the court system that is leaving serious crimes without even seeing their day in court.
Imagine a victim, such as a senior in my constituency who came to me with respect to being held up at gunpoint. This was with an illegal gun, and it was not by a law-abiding firearms owner. That individual skipped bail, and in less than four hours they were back on the street. There were threats made against RCMP officers in my constituency, and we saw that within less than a day somebody who had threatened the life of an RCMP officer was back out on the street. This has a very significant correlation to the way that we have access to justice in this country.
I would suggest that the Liberals pay close attention, because there are many victims. These are not traditional Conservative supporters. I am not talking about just the folks I represent in rural Alberta. I am talking about folks from Liberal ridings who in some cases have reached out to Conservatives and said they are frustrated with that Liberal approach.
Somebody in the comments asked when the Prime Minister is going to resign. Certainly, I would have a whole host of constituents who would be very interested in finding the answer to that question.
Here is another example. Somebody on Facebook highlighted that the government spends more time persecuting law-abiding firearms owners than it does those who perpetrate serious crimes, including serious gun crimes. The hypocrisy that is demonstrated in that on a daily basis has contributed to that erosion of trust that is taking place within our system. This is something that I hope that the Liberals listen to very closely.
An erosion of trust is something that is very difficult to earn back. That is not something that is simply a platitude, a campaign-platform promise or whatever the case is. It takes time, it takes effort and it takes a demonstration. I have said this before in this place and I will say it again: If the Liberals are good at one thing it is politics, but when it comes to actually governing they fail each and every time.
In fact, I find it very interesting that, whether it be on the issues directly related to Bill S-4, which has a lot to do with access to the justice system and that sort of thing or the host of other concerns that MPs in this place hear on a regular basis, we see that over the past seven years the—
Han Dong Liberal Don Valley North, ON
Madam Speaker, on a point of order, the member, during his remarks, mentioned that he is live broadcasting his debate. I wonder what the rules are around taking videos or live broadcasting through Facebook while we are debating. I do not know. I just want to ask about it.