Mr. Speaker, I am very pleased to introduce second reading debate on Bill C-17.
Bill C-17 was originally introduced as Bill C-118 on December 14, 1995. At that time it was pointed out that it completed a series of significant criminal law reforms begun in June 1994 with the introduction of a similar bill, Bill C-42. Most of Bill C-42, now the Criminal Law Amendment Act 1994, was brought into force on February 15, 1995 with the remainder on April 1, 1995.
Historically, bills containing general Criminal Code amendments were introduced on a regular basis. However when Bill C-42 was being debated, it was noted that the last such bill was introduced in 1985. Therefore a commitment was given on behalf of the Minister of Justice at the time by the hon. member for London West to return to the previous pattern of periodically updating the criminal law. Bill C-17 is a product of that commitment.
Bill C-42 was well received and the Minister of Justice was asked by his provincial and territorial colleagues as recently as earlier this month at the annual meeting of federal, provincial and territorial Ministers of Justice to get on with producing the follow up bill to continue the development begun with Bill C-42.
This follow up bill which, if passed, would be known as the criminal law improvement act, 1996, focuses mainly on the Criminal Code. It also contains amendments to the Canada Evidence Act, the National Defence Act, the Seized Property Management Act and the Supreme Court Act.
The summary of the bill indicates that in developing this bill we have taken great care to obtain the input of those who have the greatest knowledge and hands on experience with our criminal justice system. The amendments in the bill originate from proposals made by the criminal law section of the Uniform Law Conference of Canada, from the former Law Reform Commission of Canada, from numerous judges of provincial and federal courts, from members of the bar, from the Canadian Association of Chiefs of Police, from the Canadian Police Association, the frontline officers, and from federal and provincial justice departments and officials.
There are also amendments which were suggested by other sources. For example in a letter to the Minister of Justice, Child Find Canada noted that authorizations for wiretaps cannot be obtained for certain abduction offences. As a result Bill C-17 will amend the definitions of offence in section 183 of the Criminal Code to include these abduction offences. Wiretaps will then be available.
The Federation of Canadian Municipalities adopted a resolution aimed at making it easier for police to enforce the offence of obstructing persons in public places by loitering. As a result Bill C-17 will amend section 175(2) of the Criminal Code to make it easier for police to provide evidence in relation to loiterers who obstruct persons in public places.
The Canadian Bankers Association wrote the Minister of Justice indicating its concerns regarding the increasing number of high tech crimes involving credit cards and computers. The Insurance Bureau of Canada along with the Canadian police community pointed out that passengers in automobiles taken without the owner's consent could not be charged with joy riding as the code is currently drafted.
We appreciate it when concerned citizens tell me the problems they have identified with our criminal law. We are pleased to be able to address some of these concerns in this bill. Responding to the problems pointed out by the criminal justice professionals and the Canadian public can only enhance confidence in our criminal justice system. Indeed enhancing public confidence in our criminal justice system is one of the principal objectives of this initiative and of this government.
In Bill C-17 we also seek to make the Criminal Code provisions more cost-effective and more efficient, to implement or achieve compliance with court decisions, fill perceived gaps in the Criminal Code, to take advantage of advances in computer communications and video technology, to improve court procedures and to ensure greater fairness to the participants in the procedural process.
I am confident these proposals will result in a more cost effective system of criminal justice, without detracting from the fundamen-
tal fairness of our criminal justice system. Modernizing and streamlining our criminal law is particularly important in these times of fiscal restraint. We are all being asked to do more with less. This requires that scarce court resources be allocated wisely. It requires that available resources be devoted only to procedures that serve useful purposes.
We must do what we can to reduce pressures on justice budgets. This applies not just to the costs that police, prosecutors and the courts must bear, but to the legal costs associated with defending criminal charges whether these costs are paid by the accused persons or by legal aid.
In short, we are aiming at a smaller, more focused criminal justice system. The improvements proposed in this bill will take us a long way toward that goal.
One of the ways to improve the effectiveness and efficiency of the Criminal Code is to modernize certain in court and out of court procedures. For example, as it stands now, a peace officer who gives a notice or serves a document on an accused person or witness has to seek out a commissioner for taking oaths in order to swear out an affidavit. The only alternative, and it is even worse, is for the officer to appear as a witness in court to testify to that routine procedure. This is necessary, notwithstanding that the action is almost always uncontested in court.
With the amendment proposed in clause 2 of the bill, the peace officer would be able to prove the notice or service simply by making a statement in writing that he or she served the document or gave the notice. One province estimates that this simple amendment may save up to half a million dollars. More important, scarce police resources will be kept out of the court houses so that more time can be spent keeping our homes and streets safe.
Other amendments seek to take advantage of modern technology. For example, we will permit more court proceedings to be carried out using video conferencing technology. For bail hearings and non-testimonial portions of preliminary inquiries and trials, we will permit the proceedings to be conducted using closed circuit television between the place of confinement of the accused and the court.
Bill C-17 also seeks to improve trial procedure. Continual interruptions of the trial to resolve procedural issues can disrupt the orderly flow of evidence. In this age of court TV and all-news networks, most of us know what sidebars are. We know how tedious it can be to send out the jury while the lawyers wrangle with the judge.
Amendments to Bill C-17 will encourage lawyers to sort out more issues at pretrial conferences. For example, clause 73 proposes an amendment to section 625(1) of the Criminal Code to authorize a judge to hold a conference to deal with matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings and to make arrangements for decisions on those matters.
What might these matters be? This amendment reflects a recommendation made by the former Law Reform Commission of Canada in a study called "Trial within a Reasonable Time". The study stated that using the pretrial conference to allow the court to exercise control at an early stage would have clear benefits for bringing cases to trial within a reasonable time.
It suggested that many issues could be dealt with before trial. These included: whether the accused or the prosecutor intended to raise any matter capable of being dealt with by way of pretrial motions and arrangements for determining these motions; whether any party intended to raise any matter that would normally be dealt with in the absence of a jury and arrangements for hearing and determination of these matters; and whether an agreed statement of facts could be prepared or whether either party was prepared to make any admissions. These are examples of things that if sorted out as early as possible would expedite the trial.
Another amendment proposed by the Law Reform Commission would explicitly provide authority for the trial judge to confer with the prosecution and defence on matters that should be explained to the jury and the instructions that should be given to assist the jury in its deliberations. The Law Reform Commission noted there is nothing to prevent judges from doing this now, but it has not been common practice.
Three reasons were given for this proposal. First, it would enable counsel to fully inform the judge of its views of the facts and the law. Second, it would permit counsel to prepare its arguments based on the legal principles on which the jury would be instructed. Third and perhaps most important, it would reduce counsel's objections to the charge, thereby reducing objections after the fact both at trial and on appeal. This change would accelerate the trend to develop standard jury instructions, which many believe will reduce the number of successful appeals.
Bill C-17 contains another amendment relating to jury trials. Jury trials are becoming lengthier and more complex. If during a trial a juror becomes indisposed or for any other reason is unable to continue, the code provides that the trail can continue as long as the number of jurors does not fall below 10.
What happens if a juror becomes indisposed or otherwise is unable to continue before the trial, that is before the jury has begun to hear evidence? Presently the only options are to stop the proceedings and hold another trial or to continue the trial and hope the other jurors do not become indisposed. This bill will provide a welcomed alternative. It will permit the replacement of a juror as long as the jury has not begun to hear evidence.
Bill C-42 made some changes aimed at improving efficiency through the use of technology. This bill continues that trend. I have already mentioned that provisions which will broaden the use of closed circuit television or similar technology on other proposed amendments take advantage of modern technology by permitting more warrants to be obtained using telephone or fax machine. It will also be possible for peace officers to lay informations by fax, and fax copies such as summons, warrants or subpoenas will be admissible as if they were the originals.
More changes of this kind are anticipated. My officials are working with provincial officials to determine what changes are needed to allow cases to be processed as much as possible outside the courtroom and to permit procedural functions to be carried out in a less labour intensive fashion.
A number of proposals in Bill C-17 relate to arrest, pretrial release and other matters involving police practices and procedures. These will enable the police to make better use of our shrinking police and court resources. For instance, we will permit police to release an arrested person on certain conditions relating to firearms, alcohol and drug use and reporting. If the police believe these conditions are needed the accused must be detained in custody until a hearing before the justice of the peace can be arranged. However, there is often agreement between the prosecutor and defence counsel on conditions, and the justice simply affirms the conditions accepted by the accused.
There is another extension of amendments adopted in Bill C-42 which permitted the release of an accused who was prepared to abide by certain other conditions. The earlier changes have reduced unnecessary pretrial custody for many accused persons. Police are able to spend more time on the beat preventing crime or detecting offenders rather than waiting in the corridors of courtrooms or police station lock-ups.
Court costs and legal aid costs have also been reduced. However, it has been observed that Bill C-42 provisions are not being used as often as they could be due to the absence of the three conditions now being proposed.
Another kind of change that will lead to a more effective, more efficient and less expensive criminal justice system is directed at trial procedures applicable to certain offences.
Presently the offences of unlawful confinement, break and enter of a non-dwelling house, being unlawfully in a dwelling house, forgery and uttering a forged document are indictable offences solely. This means that regardless of the seriousness of the offence or the circumstances of the offence the case will be tried in a superior court. It means that a preliminary inquiry will be held. It means a police officer will have to appear not only for the trial but for the preliminary hearing. It means witnesses will have to appear twice. As a result, the time and expense of dealing with these offences frequently are completely out of line with the severity of the offence.
For example, forgery could involve merely a forgery of a $50 cheque. Nevertheless, to convict the accused, the system permits a preliminary inquiry and makes all the related demands on the police and witnesses. As a result, the police tell us they expend huge resources to deal with minor offences. Therefore, in light of their need to allocate resources wisely these offences may not even be pursued.
In Bill C-17 the choice of trial procedure, summary conviction or indictable, would be given to the crown for these offences. With this change the crown will be able to select a procedure more in tune with the likely sanction. This will keep more cases in provincial courts and relieve court congestion in the superior courts. Witnesses, particularly victims, will have to testify only once. The time needed to deal with these cases should be reduced, which is important in order to adhere to the requirements of the charter of rights and freedoms which mandates a trial within a reasonable time.
The sentences given in most cases for convictions of these offences are well within the summary conviction range. For example, 18 months for an unlawful confinement offence and 6 months for the others. Although the present maximum term of imprisonment for forgery offences will be reduced from 14 to 10 years, we do not anticipate that any of these changes will reduce the sentences for these offences. It is our view that having a statutory maximum sentence more in line with the sentences actually imposed increases the respect for the judicial system because it reduces the feelings of the convicted that they have gotten away with something after receiving a sentence so far removed from the maximum available.
A number of proposed amendments have to do with searches and seizures. With the Canadian Charter of Rights and Freedoms the courts are increasingly scrutinizing actions by law enforcement personnel in investigations relating to offences. Perhaps the area most subject to attention relates to searches and seizures. Often whether a conviction or an acquittal will result depends on whether the court will admit evidence seized in a search. The charter guarantees everyone the right to be secure against unreasonable search and seizure.
With these amendments in Bill C-17 we seek to ensure that the police are able to do their jobs in a way which will conform to the charter. Some proposals would adjust provisions applicable to the property seized under a warrant or other statutory or common law authority. These are aimed at reducing the administrative burden on law enforcement agencies and persons from whom property has been seized.
Other proposals clarify that warrants for searches of computer systems can be obtained. They are modelled after provisions found in other statutes which explicitly deal with searches in relation to computers.
As mentioned already, other proposals would make it possible to obtain warrants using fax or telephone communications.
There are other proposals codifying the circumstances under which police and others performing statutory duties can search and seize without a warrant. For example, where exigent circumstances clearly exist, evidence of criminal activity in the plain view of police and others with law enforcement responsibility carrying out their lawful functions would also be subject to seizure and control under the criminal code.
When it would be necessary to execute a search warrant at night the justice would be able to authorize this only when satisfied there are reasonable grounds to do so. A justice would also have the authority to permit the sale or destruction of perishables or other things which depreciate rapidly.
Finally, a warrant would be available to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression provided that the criteria generally needed to obtain a search warrant exist and that it would be in the best interests of the administration of justice to do so. This provision fills in a gap between the warrant for tangible evidence and the DNA warrant provided for in Bill C-104, which was enacted last session.
Obviously this bill is very wide ranging. It covers a wider range of matters than I have indicated in these remarks. Over 140 clauses of this bill contain many provisions that are technical and may not attract attention in the course of this debate, but along with those outlined they are all aimed at improving the administration of criminal justice in Canada and the confidence the public must have in our criminal law.
This bill has very broad support, including the provinces and territories, the Canadian Association of Chiefs of Police, the Canadian Police Association. It implements recommendations brought to the attention of the Minister of Justice by many disparate groups of Canadians, including judges, child care authorities and the Uniform Law Conference of Canada.
Therefore I call on all parties in the House to support Bill C-17 to improve the administration of criminal justice in Canada.