Evidence of meeting #9 for Bill C-35 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was onus.
A recording is available from Parliament.
Conservative
Art Hanger Conservative Calgary Northeast, AB
Thank you, Mr. Chairman.
I appreciate you reading out this point in reference to the justice system, that what we do here should maintain the confidence of the people in the country in the justice system. But we're looking at a time in our history when it's shaken at every turn. To deny that it's not being shaken, I think one has to bury one's head in the sand, because we're seeing judgments coming out of our courts, we're seeing problems in enforcement, and we're seeing law being inadequately administered. Seemingly, sometimes, the legislators have created this huge legal system that everybody argues over, and sometimes justice goes by the wayside—all too often it goes by the wayside. I just want to put that in as an aside.
You were speaking as if this is a foregone conclusion, that this law will stumble over the charter because it's arbitrary. But we heard in this committee from more than one defence lawyer that this bill will have no problems passing a charter challenge, precisely because it is specific. And that testimony has come forward on more than one occasion. So there seems to be a broad difference of opinion between you and other defence lawyers.
Lawyer, Schurman Longo Grenier, As an Individual
There would be a difference of opinion between defence lawyers on any issue at any given time in this country. That's probably a given.
But seriously, I understand what you're saying, and here's what I would ask you to think of. None of those people addressed for you the question of the arbitrariness criteria as put forward in Pearson, and that's my fear. I really didn't mean to say that I think it won't pass constitutional muster. I merely wanted to raise the question for your consideration. If there's a problem, that's where it is, in my humble opinion. It's on the arbitrariness question. That's where it's going to be.
It's true that public confidence in the legal system is shaken at every turn, and there are a lot of factors contributing to that, including, sometimes, media hype, and sometimes incorrect representations of what the reality is. That's where I think we come back to the idea that if we're going to make this kind of change, and we have some good solid information and statistics about what's actually going on, we could make a change that might make a real difference. And that was the only point I wanted to make on that.
Liberal
The Chair Liberal Bernard Patry
Merci beaucoup, Madame Schurman. Thank you very much for the time you spent with us.
I know there's a justice meeting following this meeting.
Merci. Thank you. The meeting is adjourned.
