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.
The Assistant Deputy Speaker NDP Carol Hughes
I just want to indicate that the hon. member is actually bringing a point of order on something that the hon. member may have said, but I do not know if that was done in the House. If it was done in the House, then I would remind members that they are not to do any of those types of recordings while in the House.
On the same point of order, the hon. member for Hamilton Centre.
Matthew Green NDP Hamilton Centre, ON
Madam Speaker, this is not something I do regularly, but I rise to support the hon. member from the Conservative caucus. I am watching the live stream here. It is pretty clear it is being re-streamed from CPAC. I commend him on his innovation.
I had wondered if he was doing it from his phone and whether the livestream would be going up his nose, catching his chin or something of that nature, but that is not the case. It is well streamed, and I support the member for using technology to bring his residents into the chamber.
The Assistant Deputy Speaker NDP Carol Hughes
On that point, if the livestream from whatever platform he is using, like ParlVU, is public, the hon. member is free to do that as long as he is not filming in the House. If the member is virtual, he is not able to livestream what is happening virtually.
Does the hon. member for Edmonton Manning have anything to add to that point of order?
Ziad Aboultaif Conservative Edmonton Manning, AB
Madam Speaker, I want to point out one thing. This bill is not a controversial bill by any stretch. We are all in agreement about the importance of putting this bill back—
The Assistant Deputy Speaker NDP Carol Hughes
That has nothing to do with the point of order.
Can the hon. member get to the point of order?
Ziad Aboultaif Conservative Edmonton Manning, AB
Madam Speaker, the government members should be more receptive to what we are saying on this side and—
The Assistant Deputy Speaker NDP Carol Hughes
That is a point of debate.
The hon. member for Battle River—Crowfoot.
Damien Kurek Conservative Battle River—Crowfoot, AB
Madam Speaker, let me take this opportunity to highlight that I find it really ironic that the so-called progressives in this place would be opposed, with the exception of the member from the NDP. I am certainly endeavouring to make this place more accessible to the people, using something like social media to ensure that could be the case. I find it very interesting that the members from the Liberal Party seem to be concerned that Canadians would know what is going on in this place. I will do everything I can to expose the Liberal management of government, whether it is its legislative agenda or whatever the case.
I happen to know a constituent who works with victims of crime a lot, and her name is Michelle Hauser. She just commented on this video, saying nobody feels safe. That encompasses much of the concern that many of my constituents are facing when it comes to the status of justice here in Canada. Law enforcement response times in rural communities are not only measured in hours but sometimes in days, and I am not talking about a minor infraction, that somebody jaywalked across a gravel road. I am talking about major crimes, robberies, assaults, things like that. Access to justice is fundamental to a modern, functioning democracy, and we see that being taken away.
The Liberals delayed for more than a year the appointment of the victims ombudsman. I am pleased there was an appointment made as it was absolutely necessary, but we see the soft-on-crime approach, where the public safety minister is more worried about bringing tanks to the streets of our capital city to shut down protesters the Liberals disagree with than ensuring that regular Canadians have access to the fundamental principles of justice, which I would hope every member of this place supports.
We see the necessity of law enforcement having the tools required to gather the evidence, to make sure there is time within our court system, so people can have their day in court, both for those accused of crimes and also to ensure victims have everything required so they can see justice done. If justice is not done, that erodes the confidence Canadians need to have, not just in the legal system proper but in every facet of government. If Canadians cannot feel safe in their own homes, that fundamentally erodes one of the very basic principles of what makes western democracy.
I speak with law enforcement often, whether it is the Mounties in my constituency who drive up and down the many thousands of kilometres in my riding or the Camrose Police Service, which does great work, and many of the officers do fantastic service to the community.
Some have come to me confidentially and said it is overwhelming for them. They will, in some cases, spend late nights burning the midnight oil after a long day of patrol or gathering information on investigations, and all of these sorts of things, yet when the case goes before a judge, it is simply tossed. Imagine how somebody in law enforcement would feel after spending days putting together a case, only to have it tossed out and the criminal back on the streets victimizing again. These are very serious things. I cannot emphasize that enough.
The revolving door of the justice system is a real concern. It is one thing for the system to ensure that those who are brought within it, having been accused of a crime, are not unnecessarily held up or anything like that. However, when those who have multiple arrest warrants are arrested again for something that may be unrelated or in another jurisdiction, and then all of a sudden they are back out on the streets again, we are talking about access to justice. For the many victims, the consequence is that their victimizers are once again out on the streets.
A comment from Lynn says, “No one should be above the law.”
I agree. No one should. That is a message the Prime Minister should take seriously. No one should be above the law, not one person, whether it is each and every one of the 338 of us in this place, or every single Canadian. The rule of law is at the very foundation of who we are as a democratic society. To see an erosion of that is absolutely devastating.
A question is asked by Shawna about how we address parole issues. It is a huge concern.
We occasionally hear the stories that grab a headline about some horrific crime that has been committed and that criminal who has been found guilty of that crime. Then there is a public outpouring that keeps that person behind bars, yet we see continually from the government a pursuit of an agenda that would lessen the ability to keep some of those serious criminals behind bars. That is relevant because it is victims who ultimately suffer.
We need to figure out a path forward so that serious sexual predators in the country face the consequences of their crimes.
That is essential for the safety of our society in general. Although it did not happen in my constituency, there is a very clear example. A young woman and her baby were killed. Her partner is from my constituency, so it hits really close to home. They were living next door to a sexual predator. They were murdered. It was a failure of the justice system.
Access to justice is fundamental and key. We are seeing it is being increasingly denied to Canadians.
I take that point about losing faith in the RCMP institution. There has been political interference in the largest mass shooting in Canadian history. The commissioner of the RCMP was facing political pressure from a minister to further the Liberals' political agenda.
We talk about access to justice. When we have the top brass of Canada's national law enforcement organization facing political pressure—
Chris Bittle Liberal St. Catharines, ON
Madam Speaker, I rise on a point of order. I know the hon. member is reading comments off Facebook, but we should be focused on the bill, which is Bill S-4. It does not deal with the RCMP, or the brass or whatever his constituents are thinking. It is nice he is responding to that, but he needs to be relevant and he needs to speak to the bill before us.
The Assistant Deputy Speaker NDP Carol Hughes
I have been listening as well and I want to remind the hon. member that he should be speaking to the bill itself. I would remind him of that.
The hon. member for Fundy Royal.
Rob Moore Conservative Fundy Royal, NB
Madam Speaker, on a point of order, I notice that some of the members across the way are repeatedly interrupting my hon. colleague's speech. I want to remind them that there is an all-party agreement to have this debate collapse, but if they continue with the interruptions, that is going to have to be revisited—
The Assistant Deputy Speaker NDP Carol Hughes
This is not really a point of order. I think if the hon. member has an issue with that, he should take it to his House leader and his whip.
The hon. parliamentary secretary.
Chris Bittle Liberal St. Catharines, ON
Madam Speaker, on the same point, it is a little disappointing that the Conservative critic is suggesting that we do not following the Standing Orders and if the Conservatives are permitted not to follow the Standing Orders, the debate should collapse, but in the absence of—
The Assistant Deputy Speaker NDP Carol Hughes
I would remind members that points of order have to be used judiciously as well. I ruled on the point of order that the hon. member for Fundy Royal put forward.
I want to remind members that they are to ensure that they are speaking about the bill that is before the House. I understand that there is some latitude, but the hon. member is actually going over that as well.
I want to remind the hon. member to stick to the debate on Bill S-4.
Damien Kurek Conservative Battle River—Crowfoot, AB
Madam Speaker, I am happy to respond to that. When it comes to the administration of justice within my constituency, the RCMP members, the hard-working men and women who wear the Serge, are the ones facing the consequences of Liberal mismanagement. The reason it has such a close correlation to Bill S-4 before the House is because it is fundamentally associated with access to justice.
I talk about many of these things, and made it very clear in Facebook Live, and I have been happy to endeavour to expand Canadians' access to this place, as is fundamental. Democracy is not simply about election day, but each and every day in between. It certainly has been an interesting experiment. I found it interesting, but very disappointing, that members specifically of the Liberal Party would hate any attempt to be progressive in the ability of Canadians to access our democracy.
The rule of law is fundamental to a modern functioning democracy, and we are seeing an erosion of that. We need to prioritize access to justice in every way possible. In some ways that has to do with ensuring there are video conference options and that administrative details can be sorted out so there are no unnecessary delays.
Our Criminal Code was written by Prime Minister John Sparrow back in the 1800s, although it has been updated significantly since then over the course of our country's history. We need to ensure it is updated to ultimately ensure that Canadians have access to justice, that victims are protected and that those who commit crimes face the time that is due them.