Justice Committee on May 3rd, 2007

[Johane Tremblay]

Currently the Criminal Code does not explicitly recognize the right to be heard in the official language of your choice in the context of the incidental procedures and appeal process.

The commissioner has suggested interested governments look at extending the rights of the accused in that regard. The commissioner is not asking for a specific amendment. We are asking for two amendments only, but encouraging the government to look at this issue in the near future.

[Larry Bagnell, Liberal, Yukon, YT]

Madame Aucoin.

[Louise Aucoin]

That's the same recommendation we made, that this be looked at very seriously in the near future.

[Larry Bagnell, Liberal, Yukon, YT]

But not a specific amendment on this?

What about the amendment to make sure a bilingual judge or a jury makes every possible attempt to speak in the language of the accused?

[Louise Aucoin]

We haven't proposed one, but we have discussed it, and I entirely support the idea. I think your example was quite eloquent. I think it might.... I think the way it's organized now is very coherent, with all the criminal codes, but it probably should be fine-tuned, given a little tweaking, so it reflects not just the fact that the judge is bilingual, but that he should be able to do the whole thing so the accused really has access to the language of his choice.

[The Chair, Conservative, Art Hanger]

Thank you, Mr. Bagnell.

Mr. Dykstra.

[Rick Dykstra, Conservative, St. Catharines, ON]

I'm going to pass.

[The Chair, Conservative, Art Hanger]

Mr. Moore.

[Rob Moore, Conservative, Fundy Royal, NB]

I'm fine. Thanks, Mr. Chair.

[The Chair, Conservative, Art Hanger]

Mr. Lee.

Mr. Bagnell, you have another question?

[Larry Bagnell, Liberal, Yukon, YT]

Just to summarize, then, if this is okay with the witnesses, I would propose three amendments. One is on the translation; the second is, as the chair says, from “must” to “may”; and the third is making sure that the bilingual person speaks in the language of the accused, where possible, as much as possible.

Would the witnesses agree with that?

[Graham Fraser]

Yes.

[Louise Aucoin]

Yes.

[The Chair, Conservative, Art Hanger]

I see no further questions to be put to the witnesses.

Thank you for being so generous with all your time to me, but given that there are no further questions--

[Larry Bagnell, Liberal, Yukon, YT]

Maybe they want to wrap up.

[The Chair, Conservative, Art Hanger]

That's not customary, but would any of the witnesses like to make some concluding statements?

Yes, Mr. Fraser.

[Graham Fraser]

I wanted to say I appreciated the questions I received. I hope this was a useful contribution to your deliberations.

[The Chair, Conservative, Art Hanger]

I believe it very much was, Mr. Fraser.

Thank you all for your appearance, Madame Côté, Madame Aucoin, Mr. Fraser, and Ms. Tremblay. Thank you for being here.

That brings our meeting dealing with Bill C-23to a close.

We will suspend for about two to three minutes.

I call the Standing Committee on Justice and Human Rights to order.

We have a motion put forward by Monsieur Ménard regarding matters dealing with organized crime, gangs, drugs, etc.

I'll give Mr. Ménard the floor. There are some issues as to how the government can deal with the motion, but I'll let you explain first, Mr. Ménard.

[Réal Ménard, Bloc, Hochelaga, QC]

Do you agree that we should hear from the officials, since we only have half an hour left and I have already explained the motion? I could speak to it at the end. So, if everyone is in agreement, I would prefer to hear from the officials first.

[The Chair, Conservative, Art Hanger]

Certainly we can proceed that way.

We have two officials from the Department of Justice, Mr. William Bartlett, senior counsel, criminal law policy section; and Mr. Matthew Taylor, counsel, criminal law policy section.

Thank you, gentlemen, for being here. I gather you have the information at hand with reference to Mr. Ménard's motion?

[William Bartlett, Senior Counsel, Criminal Law Policy Section, Department of Justice]

Yes, we do.

[The Chair, Conservative, Art Hanger]

If you could address that I would appreciate it.

Mr. Lee.

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

Mr. Ménard has put forward a motion. It would be normal for him to introduce it. Is he asking officials...?

[The Chair, Conservative, Art Hanger]

It was actually introduced last time.

[Réal Ménard, Bloc, Hochelaga, QC]

I could table it again, but I have already spoken to it. However, we only have half an hour left. If Mr. Lee wants me to table it again, I can do that.