Evidence of meeting #88 for Justice and Human Rights in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-40.
A recording is available from Parliament.
5:10 p.m.
Conservative
5:10 p.m.
Liberal
5:10 p.m.
Conservative
Tako Van Popta Conservative Langley—Aldergrove, BC
We made eye contact, so....
I'd like to thank Ms. Besner for a very concise answer to my simple question about judicial review.
I wonder if you could give us two references. Number one is the section number in either Bill C-40 or somewhere else in the Criminal Code that says what the judicial review process is. For number two, I think you referred to a case, but I didn't get the name of it. I would like those two things.
Where do I look for the actual judicial review and what triggers it? What's the case you referred to?
5:10 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
I referred to the case of Vavilov.
The statute is the Federal Courts Act. That's the body that will consider judicial review of federal administrative tribunals, bodies and commissions.
5:10 p.m.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
I remember that, when I went through school, I didn't take administrative law—confession. Is Vavilov akin to what Baker was a number of years ago?
5:15 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
I'm not familiar with Baker, but it's relatively recent. It was a federal court decision, then it went to the Supreme Court in 2019.
5:15 p.m.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
That shows you what I know, which is little.
5:15 p.m.
Some hon. members
Oh, oh!
5:15 p.m.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Mr. Maloney is going to read it tonight. That's great.
On the question of judicial review, theoretically, if somebody sought bail pending review by the commission—whether or not they got bail—but the commission ultimately denied that a miscarriage of justice occurred, or it just didn't go in their favour.... I think you probably know what I mean. Their application wasn't successful, and they applied for judicial review.
Could they then apply for bail in the same circumstances?
5:15 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
I don't think they could, because of the way it's proposed in the bill regarding what the trigger is to make an application to the court of appeal for bail. A judicial review is not referenced.
5:15 p.m.
Conservative
5:15 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
The commission has to first determine that the application is admissible and provide a notice. That creates the trigger to be able to apply for bail pending.
5:15 p.m.
Conservative
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
That's a very good answer. I never would have thought of that.
5:15 p.m.
Liberal
The Chair Liberal Lena Metlege Diab
I'm going to ask for unanimous consent to continue past the bells. We have another 15 minutes.
5:15 p.m.
Conservative
5:15 p.m.
A voice
I was prepared to say, “Thumbs-up.”
5:15 p.m.
Liberal
The Chair Liberal Lena Metlege Diab
You were.
Listen, I respect your apology. Thank you.
Colleagues, with no unanimous consent, I wish you luck voting tonight and look forward to seeing you tomorrow morning. We will have coffee and tea. Please bring your muffins.
The meeting is adjourned.
