Thank you, Mr. Chair.
Amendments BQ-1 and BQ-2 go together.
In amendment BQ-2, we are proposing to delete lines 7 to 11 on page 22, to reflect the recommendations made by the Barreau du Québec relating to the problem associated with section 715.241, which deals with mandatory appearance by videoconference. That section seems to us to be a bit counterproductive. That is the idea behind recommendations BQ-1, BQ-2 and BQ-3.
I am not going to add to what was said earlier. The bâtonnière and the lawyer who accompanied her clearly described the problem associated with requiring someone in custody to appear by videoconference. It opens the door to possible appeals and undermines public confidence in the sound administration of justice. It also appears to me to be a major breach of the protections granted by the Canadian Charter of Rights and Freedoms.
If an individual who is in custody agrees to appear virtually, there is no problem. However, provisions as worded in section 715.241 open the door to anything at all if, for some reason, the judge then imposes it on an accused who is not represented by counsel. A lawyer can say, a month or a year later, that their client consented without being aware of the effects of their consent and without having an opportunity to meet with counsel because they were in custody. The lawyer can say that the court compelled an appearance by videoconference.
Bill S‑4 is a fine bill that proposes a modern way of proceeding and, overall, respects the parties' rights. I am going to agree to Bill S-4, but there is this one hitch that seems to me to pose a serious problem. I think we must protect ourselves from it.
In amendment BQ-1, we want to make an amendment by replacing, for consistency, line 19 on page 18, where it refers to sections 715.231 to 715.241. Because I am going to propose that section 715.241 be eliminated, an amendment has to be made there.
Thank you, Mr. Chair.