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

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

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Haldimand—Norfolk, Infrastructure; the hon. member for Calgary Centre, Taxation; and the hon. member for Bruce—Grey—Owen Sound, Taxation.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I am pleased to rise today 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 (COVID-19 response and other measures).

The judicial system has been facing a series of delays in cases proceeding to trial, which has been made worse by the COVID-19 pandemic. The Conservatives have raised concerns about the delays and the potential for criminals to walk free due to the Supreme Court's Jordan decision, which said that no more than 18 months can pass between the laying of a charge and the end of trial cases in provincial courts, or 30 months for cases in superior courts.

We have raised our concerns over the delays in the judicial system a number of times during the pandemic, both in the House and through the media, so it is good that the Liberals are finally listening. I understand that sometimes they have different priorities.

The court system scrambled to adapt and learn how to function during the pandemic, and it was obvious that changes were needed. I could have made this speech at the height of the pandemic, when the need was very urgent. The government recognized the need then and introduced Bill C-23, but it was obviously not a priority. That bill died on the Order Paper when the House was dissolved by the Liberals for their unnecessary election. However, as with many efforts of the government, I suppose we can consider it to be better late than never, though it seems sometimes that on truly pressing issues, such as inflation, for the Liberals to do anything, it is more never than late.

It is indeed important to support the courts in the technological transition that has been stimulated by the COVID-19 pandemic. It is also important to be as prepared as possible for a future pandemic or similar disruptions.

In the past two years, we have all discovered new ways of doing business. Some of those ways have been beneficial, others arguably not as much. So too is the case with this bill.

For justice to be truly done, it must be seen to be done. Any citizen has the right to attend court and observe the proceedings. In the past, that has naturally been a right that could be limited by the physical space of the courtroom. Allowing virtual proceedings would change that limitation while bringing with it the issue of controlling the dissemination of images from the proceedings. We have gone from cameras not being allowed into a courtroom to everyone having the ability to take screenshots or even videos of the proceedings.

There is no doubt that the COVID-19 pandemic has been felt throughout our criminal justice system. Problems that perhaps we did not realize we had have been brought into focus. A modernization of the system is long overdue. The pandemic has shown us that action is very necessary now.

With the technological tools that are now available to us, it makes sense to allow, as this bill would, peace officers to apply for and obtain a warrant using telecommunications rather than having to appear in person before a judge. This would not take away from the necessity of the officer to answer any questions as to whether the warrant is really necessary. The legal necessities would not change, but there is a savings to the taxpayer and the environment in the officer not having to drive to appear before a judge.

We are all aware that the criminal justice system has been subjected to delays in proceedings, and sometimes that was exacerbated by the pandemic. While justice delayed is justice denied, no one wants to see a criminal walk free because the system could not bring them to trial fast enough.

The reforms suggested in this bill are small but incremental. It is important to remember that the fundamentals of justice would still be being observed, and that the increased use of teleconferencing in the courts would not take away from the fundamental rights of the accused to appear in person, but many, given the choice, might prefer to appear by video conference. This, incidentally, could reduce their legal fees since their lawyer would not have to be with them at the courthouse waiting for their case to be called.

One thing that concerns me with these reforms is the issue of fairness. I am not sure how the government can address that. Appearing by video in court proceedings requires access to technology that, at this point, is not available to every Canadian. Not everyone has the financial resources to own a computer. Not everyone has high-speed Internet access available to them. Certainly, the government does not have the resources to provide that.

At the same time, I recognize that there are other different burdens that come with having to make a court appearance in person that could bring with it the expense and hardship of travel. I am not certain how we can provide equal access to the justice system for all Canadians, but I know we have to try to keep improving the system until we get it right.

One area where I have serious concerns is the proposal in the bill that would allow the jury selection process to be done by video conference in some circumstances. While this would certainly make it less onerous for prospective jurors to take part in the selection process from their home or workplace, it does raise some privacy concerns. While technology makes remote appearances possible, technology could also be used to subvert the process, not to mention the right of an accused to see those who are to pass judgment on his or her case.

In Canada, an accused has a right to be tried by a jury of his or her peers, but there are times when, for security reasons, the jurors are anonymous. With the availability of facial recognition software, it is easy to imagine that prospective jurors appearing by video conference could be easily identified. This could leave them open to harassment or attempts to influence a jury's decision. That may sound unlikely, but if we are concerned for the administration of justice, it must be considered. Has the government considered how to deal with this issue?

This bill is not perfect, but neither is our justice system. The question we as parliamentarians must ask ourselves is this: Does the legislation make positive improvements to the administration of justice in our country, even if it is not perfect? If so, then we should probably support it.

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

Madam Speaker, the legislation, and I have made reference to this in the past, very much recognizes the advancement of technology and how we can make our judicial system better by providing legislation that would allow, in a very formal way, video conferencing.

By doing that, one would like to think we would be providing a very viable option that would no doubt be well utilized. I wonder if my colleague could provide further thoughts on that, because he made reference to technological advancements in court proceedings being televised, and so forth. This is all a step forward in the right direction, which is one of the reasons why it is so important to pass the bill, so we can get it to committee to hear the stakeholders.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I referred to it with respect to justice, and hopefully all Canadians would have equal opportunities to use technology and that must be provided, especially in rural areas. With respect to the level of technology that is available to make this bill specifically of better use to Canadians, and to make justice fair, we need to be more technologically fit. We need more Internet, especially in rural areas.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

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

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

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

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

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

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

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

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

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

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

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

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

The question is on the motion.

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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

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

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

(Motion agreed to)

I therefore declare the motion carried on division.

The hon. parliamentary secretary on a point of order.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

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

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

Is it agreed?

[Some hon. members]

Agreed.