Evidence of meeting #15 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prosecutions.
A recording is available from Parliament.
Conservative
Mel Arnold Conservative Kamloops—Shuswap—Central Rockies, BC
Okay, thank you.
I'll pass my time to Mr. Hardy.
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
Thank you very much.
Ms. O'Connor, I just want to come back to what you said earlier, that there is no favouritism in your decisions. I find that interesting because, from 2014 to 2020, that is, when the old guide was in effect, there was no concept or reference to the first nations. However, as of 2020, as a result of overrepresentation, as you said earlier, the guide includes 20 such references.
How can you be sure that those new references, whose objective is specifically to reduce the number of first nations arrests, are effective if you don't have data on the number of proceedings that are successful or not? How can you measure the impact, if any, of adding 20 more references to the first nations?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
We look at the specific circumstances of each case. For us, success means bringing a case to court when the criteria for deciding whether to prosecute have been met.
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
However, the original intent when these elements were included in the guide was to reduce first nations representation in arrests and prosecutions, was it not?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
The objective is to ensure that, when assessing all the circumstances of a case, our prosecutors consider this factor before making a decision.
November 27th, 2025 / 9:50 a.m.
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
Then the goal is for them to consider it to reduce representation. Therefore, if you introduce an element that results in a Quebecker, a Canadian and a first nations person being treated differently, you can't say that there's no favouritism or bias towards first nations. Do you agree?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
I respectfully disagree. There is no favouritism in our decisions. The PPSC acts in accordance with its role and responsibilities within the criminal justice system. We're trying not to contribute to the overrepresentation of indigenous people in the criminal justice system. We play a role in that.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Hardy.
Next we will go to Mr. Morrissey for five minutes.
Liberal
Bobby Morrissey Liberal Egmont, PE
I have a question for Ms. Rogers.
You referenced roughly $14 million in fines under environmental infractions. Is that correct?
Director General, Environmental Enforcement, Department of the Environment
Those are under the Fisheries Act, yes.
Liberal
Bobby Morrissey Liberal Egmont, PE
The charges were under the Fisheries Act, but were they related to environmental infractions?
Director General, Environmental Enforcement, Department of the Environment
We enforce the Fisheries Act, the Canadian Environmental Protection Act and other legislation. I don't have the fine amounts specifically under each one, but—
Liberal
Bobby Morrissey Liberal Egmont, PE
These were for environmental infractions, not fishery infractions.
Director General, Environmental Enforcement, Department of the Environment
Yes—not for habitat or commercial fisheries.
Liberal
Bobby Morrissey Liberal Egmont, PE
Often you'll hear that the courts will lay a charge and impose a fine, but then nobody pays it. In this case, are those fines realized?
Director General, Environmental Enforcement, Department of the Environment
Yes. These are the result of prosecutions, so they are collected.
Director General, Environmental Enforcement, Department of the Environment
I would have to go back and confirm that every single penny was collected.
Director General, Environmental Enforcement, Department of the Environment
In general, we do not have concerns about the fines being collected from prosecutions.
Liberal
Bobby Morrissey Liberal Egmont, PE
On the fishery side, that's not the case. Often a fine will be imposed by the courts and it's laissez-faire whether it's collected or not.
Thank you for that.
Ms. O'Connor, who makes the final decision on proceeding with charges? Even if the public prosecution branch was advised not to, who makes the final decision?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
It depends on the jurisdiction. We have some jurisdictions in Canada that are called precharge approval jurisdictions where police forces and regulatory enforcement come to us before charges are laid and we approve them or not by applying our decision-to-prosecute test.
That's the minority of jurisdictions. There are really three, and some have those areas within their jurisdictions. The majority are not precharge approval jurisdictions, and therefore the police or enforcement agencies can lay charges and often do lay charges before consulting.
Liberal
Bobby Morrissey Liberal Egmont, PE
Specific to DFO, are the charges being laid by DFO under the Fisheries Act?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
The same applies. In some jurisdictions it is us, in the sense of a precharge approval. Nova Scotia, for example, is not a precharge approval jurisdiction, so DFO officers can and do lay charges there. The file is then brought to PPSC.