Evidence of meeting #30 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 majority.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Sean Fraser  Minister of Justice and Attorney General of Canada

The Chair Liberal James Maloney

Mr. Lawton, that's all your time. I will allow the minister to answer that question.

Sean Fraser Liberal Central Nova, NS

Oftentimes, deportation for serious crimes is the appropriate result, not a grossly disproportionate result. It's important that regardless of immigration status, if a dangerous person commits serious crimes, particularly violent crimes, they should face the full suite of consequences.

The Chair Liberal James Maloney

Thank you.

Ms. Khalid is next.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Thank you very much, Chair, and thank you, Minister and officials, for being here today.

Minister, I appreciate your three-pillar strategy of stronger criminal laws, investment in frontline enforcement and upstream supports in addressing the prevention challenges.

Can you help us—and Canadians, especially—understand where delays in courts fit in within these priorities that you've outlined in these pillars?

Also, on the jurisdiction of the federal government, what can the federal government do and what is the responsibility of the provincial government?

Sean Fraser Liberal Central Nova, NS

To the first part of your question, in theory it could blend in between the first and third pillars. The first, strengthening Canada's criminal laws, is primarily where this particular set of reforms would fall, because by dealing with some of the issues around delays, we have the opportunity to ensure that justice is served in circumstances where cases may currently be dismissed for delay. The strengthening of Canada's criminal laws will have a very direct result in more cases going to trial and presumably more people who have committed a crime being convicted.

You're very right to point out that there are multiple cooks in the kitchen in this conversation. Obviously, for our part, we appoint superior court judges as a federal government. However, the administration of justice continues to fall to the provincial level of government. This means that the actual resources made available to churn through cases in provincial court hearings where the vast majority of bail cases, for example, take place is going to remain a responsibility of the province. The administration of the system more broadly, with the exception of the appointment of judges, will typically fall to them, with some perhaps obvious exceptions.

That said, there is a role for the federal government. It's not just appointing judges. There are certain processes that we can control and certain outcomes that we can help influence. For example, insisting that there are additional consequences that courts ought to consider, besides a stay of proceedings, is a federal rule that we can change that will have an impact.

We are also streamlining the evidentiary process, particularly when it comes to sexual assault trials, to make it far more expeditious to bring a case to trial. As a result, you'll not see only the negative outcome when time expires. You will see time expire less often.

Keep in mind that cases being thrown out is a fairly new phenomenon that is a result of a decision in the Jordan case a number of years ago—in 2018, if memory serves. However, the problem of delays in the justice system is long-standing. Delays do not benefit the accused, the victim or society at all. We need to address the underlying cause of delays by working with our provincial counterparts and cleaning up areas of federal jurisdiction, and also by addressing the consequences of cases that do in fact drag on longer than anyone would hope.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Thank you. I appreciate that.

It really comes down to access to our justice system and equality of access for everybody.

We fund portions of the justice system and the administration of justice. For example, in my community, Mississauga Legal Community Services provides that legal aid support to individuals who are seeking access to justice. We have the court challenges program that the federal government supports to make sure that Canadians are able to go to court when they feel that their constitutional rights are challenged.

How important do you think that is in building accountability and the perception of justice being delivered?

Sean Fraser Liberal Central Nova, NS

There's a sense among many in the general public that fighting in court is the sport of kings. If you can't afford to be represented, you feel like you don't have a place there.

Justice must be for everyone in our society. It should not matter whether you are rich or poor when you seek justice through the system. Making sure that we are able to provide supports to ensure that more people have a just outcome is essential, without obviating the need for provincial governments to do their part in making good on their areas of responsibility.

You mentioned legal aid. This obviously is primarily contributed to provincially, with federal supports in certain areas. That's something concrete we can do to help particularly the most vulnerable, such as low-income families, to ensure that they have access to counsel. Self-representation is generally a bad thing across the system, and we have an opportunity in certain cases to help reduce the proliferation of self-represented litigants.

You mentioned the court challenges program. Understanding that the government is not only subject to law but also willing to make supports available for organizations that would challenge it is a unique and important idea. In my view, it improves not only the quality of the laws we have but also the ability of citizens to participate in democracy on issues of systemic importance.

There will be other items on which we won't usurp provincial jurisdiction but will work with provinces to fund programs that will deliver a positive systemic outcome. I'm thinking about work we're doing now to collect better data on bail, for example, by collaborating with provincial governments.

There are roles for us to play, but we need to make sure we work with willing partners as part of a collaborative approach with provinces, all of which want to solve these problems, in my experience, regardless of region and regardless of partisan affiliation.

The Chair Liberal James Maloney

Thank you, Minister.

Thank you, Ms. Khalid. That's all your time.

I notice that the bells are now ringing, which means I need unanimous consent if we are to continue. Do I have it?

12:40 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

You have it from the Conservatives.

Marilyn Gladu Liberal Sarnia—Lambton—Bkejwanong, ON

No.

The Chair Liberal James Maloney

There is no unanimous consent.

An hon. member

Of course not.

Marilyn Gladu Liberal Sarnia—Lambton—Bkejwanong, ON

Chair—

12:40 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

How hypocritical—

The Chair Liberal James Maloney

Okay, okay, okay, Mr. Brock.

12:40 p.m.

Conservative

Larry Brock Conservative Brantford—Brant South—Six Nations, ON

—of Ms. Gladu and that entire Liberal bench.

The Chair Liberal James Maloney

The meeting is adjourned.