Evidence of meeting #28 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
Liberal
NDP
Jenny Kwan NDP Vancouver East, BC
I want to make sure that NDP-17.1 is in the package. It comes in clause 59. I want to make sure you have it. It's an updated package.
Conservative
Roman Baber Conservative York Centre, ON
Are we able to vote on the clause as we just did given that we have CPC-21 still outstanding for consideration?
Conservative
Roman Baber Conservative York Centre, ON
We just voted on a clause, but I believe that clause is still not finalized, because we're dealing with CPC-21 still. Should we not defer the voting on the clause as well?
Conservative
Liberal
The Chair Liberal James Maloney
We're now on clause 42.
I believe PV-5 has been withdrawn.
(Clauses 42 to 44 agreed to)
We're on clause 45 with PV-6, which was withdrawn.
Shall clause 45 carry?
(Clause 45 agreed to)
(Clauses 46 to 55 agreed to)
(On clause 56)
Clause 56 has amendment G-29.
Go ahead, Ms. Khalid.
Liberal
Iqra Khalid Liberal Mississauga—Erin Mills, ON
Thanks, Chair.
This is basically cleaned-up language to make sure that the French version is the same as the English text. It adds grammatically correct language that's consistent with the English version.
Liberal
The Chair Liberal James Maloney
Thank you.
Shall amendment G-29 carry?
(Amendment agreed to [See Minutes of Proceedings])
(Clause 56 as amended agreed to)
(Clauses 57 and 58 agreed to)
(On clause 59)
Clause 59 takes us to amendment G-30.
Go ahead, Ms. Lattanzio.
Liberal
Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC
Thank you, Mr. Chair.
This is a technical amendment. This motion would amend the English version of clause 59 to amend proposed paragraph 715.48(1)(a) to specify that prosecutors may issue “a warning to the person”.
Liberal
The Chair Liberal James Maloney
Shall G-30 carry?
(Amendment agreed to [See Minutes of Proceedings])
Now we're on NDP-17.1.
Go ahead, Ms. Kwan.
NDP
Jenny Kwan NDP Vancouver East, BC
Thank you very much, Mr. Chair.
This amendment follows a recommendation from the Union of B.C. Indian Chiefs to explicitly list indigenous diversion programs as one of the options of alternative measures in the restorative justice framework. This will ensure that alternative measures are culturally appropriate and responsive to the distinct needs and realities of indigenous peoples accused and indigenous victims.
We know that successive governments have embraced carceral approaches to public safety, ignoring that indigenous peoples are disproportionately impacted by these approaches, due to a pattern of systemic—
Liberal
The Chair Liberal James Maloney
Ms. Kwan, I have three people trying to talk to me at the same time here.
I'll let you finish. Then I'm going to suspend for a moment.
NDP
Jenny Kwan NDP Vancouver East, BC
Sure. I'll just finish up that last thought.
I was saying that successive governments often have ignored these approaches due to the pattern of systemic racism in our criminal justice system and the ongoing legacy of residential schools in Canada. While it's reassuring that this bill contains a restorative justice framework, it is essential that we do not ignore the voices of indigenous peoples and that alternative measures incorporate culturally appropriate practices for all indigenous communities.
This would help ensure that this bill does not contribute to the systemic racism experienced by indigenous peoples in the criminal justice system. Given the duty of lawmakers to ensure that all legislation aligns with the advancement of reconciliation, I urge my colleagues to vote in favour of this amendment.
Liberal
The Chair Liberal James Maloney
Thank you, Ms. Kwan. I apologize for the interruption.
Shall NDP-17.1 carry?
(Amendment negatived [See Minutes of Proceedings])
We're on NDP-18.
We're back to you, Ms. Kwan.
Liberal
The Chair Liberal James Maloney
Do you know what? I am going to pause for a moment.
Wait one second, Ms. Kwan.
I'm sorry, Ms. Kwan. We are on NDP-18.
Go ahead.
NDP
Jenny Kwan NDP Vancouver East, BC
Thank you.
It was disappointing that the last NDP amendment did not go through, as it was really important for the indigenous community.
NDP-18 also relates to alternative measures in the restorative justice framework. This amendment would broaden protections for participants in alternative measures so that any statements made by persons alleged to have committed an offence, or by victims, would not result in their criminalization. It is essential that the alternative measures lay this out in the restorative justice framework and that they are not jeopardized due to participants' fears that the statements they make while completing these programs would be used to criminalize them or others.
If we're serious about non-carceral approaches to public safety—particularly for indigenous, Black and other people of colour, who are overrepresented in the criminal justice system—we must ensure that these solutions work and are trusted by all who are participating in them.
Conservative
Roman Baber Conservative York Centre, ON
I'm not sure we're able to amend civil statute or the civil process by virtue of criminal Bill C-16. We have to tread carefully. There's a charter right against self-incrimination, but I'm not sure there's a charter right not to incriminate oneself once you choose to make a statement.
I don't know. I'm a little confused by this.