Mr. Speaker, I am pleased to rise today to speak to Bill C-75.
There is no doubt that we need to modernize our criminal justice system, and in order to do so, we need to amend the Criminal Code, the Youth Criminal Justice Act and other acts. Some of the issues that must be reviewed are the lengthy pre-trial delays, changes to how administration of justice issues are managed, legislative changes, as well as judicial case management. However, in my humble opinion, the most important amendment has to do with how the justice system deals with certain accused persons.
Some groups, like indigenous peoples, minorities and people with mental illness or substance abuse issues, are overrepresented in our criminal justice system. These groups are among the most vulnerable members of our society, yet they are sometimes treated unfairly by the justice system. One could even say they are treated with hostility. Our justice system cannot treat different people differently. This is unacceptable, and it has been going on for a very long time.
Bill C-75 allows us to correct these inequalities in the justice system. Complainants who wait years to testify and witnesses who want to move on and get back to a normal life have no choice but to wait because of delays in the system. These delays interfere with their need to feel safe and the justice system's mission to maintain public order. Then there is the matter of the accused who wait years to be declared innocent or those who commit heinous crimes but end up walking away because of the dysfunctional system.
I am running out of time, so I will focus on the issue of bonding. This is an aspect of criminal law that directly affects the presumption of innocence. This fundamental concept is protected under section 11(d) of the Canadian Charter of Rights and Freedoms. The Charter guarantees that any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. Section 11(e) of the Charter provides that any person charged with an offence has the right not to be denied reasonable bail without just cause. Section 7 of the Charter states that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
When it comes to bail, everyone should be fully entitled to their charter rights. Every one of us must receive equal treatment in accordance with the Charter of Rights and Freedoms and other laws. Unfortunately, that does not always happen. For example, defendants who live in remote communities are disproportionately affected by the existing bail system. Statistically, poverty, unemployment and substance abuse are more prevalent among people who live on reserves, and, as a result, they own very little. Bail is also required of people who have to travel from their remote communities to big cities because the judicial system does not serve their hometowns. How are these people supposed to come up with bail? When the financial burden is so great, is that not a violation of people's charter rights?
That is why Bill C-75 is so important. It would allow for less burdensome conditions of release for those who are already disadvantaged compared to other members of society.
This will also help break the cycle of the most vulnerable Canadians being overrepresented in the justice system.
Another reason that Bill C-75 is very important is because it deals with remote appearances. This bill would bring the system in line with current technology and all of its benefits. It would be invaluable to have access to audioconference and video conference technology, allowing all parties involved in the process, including judges, to participate.
It would be helpful if accused persons could participate via these types of technologies instead of having to fly in from remote communities, which takes considerable resources. These technologies would alleviate the financial burden on society and give accused persons better access to justice. Furthermore, complainants would not have to travel from their remote communities, since they could use these technologies to seek justice.
Courts would have discretionary powers and would consider the individual circumstances of each case, so these technologies could be used for individuals to appear remotely at each stage of the justice process.
The reason for the amendments to remote appearances is to help ensure the proper administration of justice, which includes fair and efficient criminal proceedings, while respecting the right of the accused to a fair trial and to a full and complete defence, as guaranteed by sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms.
If we take another look at plea bargaining, a lot can go wrong. For instance, the accused will often plead guilty in order to minimize the cost of their defence. Those living in precarious situations are less likely to properly defend themselves. This once again demonstrates the need for Bill C-75. It is very sad to think of an innocent person pleading guilty because it is faster and cheaper.
Clause 270 of the bill highlights an important fact. Many vulnerable people are not always aware of the magnitude of their actions and decisions. This can include adolescents, aboriginal people, minorities and people who want to avoid the stress of long delays before the trial. They are more likely to plead guilty for those reasons.
In addition to the provisions set out in section 606 of the Criminal Code, the amendment would require judges to be satisfied that the facts presented support the charge before accepting a guilty plea.
Bill C-75's modernization of the bail system also includes changes regarding intimate partner violence. It is unfortunate that not until recently the matter of intimate partner violence was not given the attention it warranted. The changes to the criminal justice system in this aspect are in keeping with our government's commitment to give more support to those who have faced domestic violence.
Statistically, intimate partner violence is the most common form of violence reported to the police. One in two women face intimate partner violence. This is a dire statistic. It means that 50% of our female population has been victimized while in an intimate relationship. Those who are already vulnerable, such as the elderly, trans, people with disabilities and the indigenous population, face these things in a difficult way. One time is one time too many when people who are accused of intimate partner violence are given bail and go back and attack the very same partner. This reason alone demonstrates to all of us the urgency in having intimate partner violence directly addressed during bail hearings.
The amendments I have mentioned are crucial for the protection of those facing such forms of violence. For all of these reasons, I support Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts.