House of Commons Hansard #264 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was peoples.

Topics

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:20 p.m.

Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Mr. Speaker, what is imperative in the Colten Boushie situation is that we learn to understand everything that led to the unfortunate occurrence of Mr. Boushie being shot. I am a firm believer in prevention. We have to put the social systems in place, the supports and assistance to families, so that unfortunate instances like that are prevented.

I know we can do better and I know we can learn from this.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:25 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I am pleased to have this opportunity to speak in the House on the experience of indigenous peoples within Canada's justice system.

First, I would like to reiterate that our thoughts and prayers continue to go to the members of the Boushie family on the tragic loss of their son, their nephew, their brother. No family should ever have to endure such pain. Our hearts are united with the Boushie family at this most difficult time.

I want to spend a bit of time talking about the Conservative Party's record in supporting victims of crime.

My colleague from Kamloops—Thompson—Cariboo, who has shown leadership on this issue, pointed out something very important. and that was that our colleague, the Hon. Peter MacKay, introduced the Victims Bill of Rights. Again, this is completely consistent with where the Conservative Party is, has been at in the past and continues to be. It became law in 2015. That was not the only thing we had done.

We passed Bill C-2, the Fair and Efficient Criminal Trials Act, which among other things amended the Criminal Code to allow the swearing in of up to 14 jurors to ensure a trial could be completed. It also had other provisions. One of them was special protections for aboriginal women under the threat of domestic violence. This is known as the Family Homes on Reserves and Matrimonial Interests Rights Act. Again, this is an important step forward to updating Canada's laws.

Another example is that the Human Rights Code in our country did not include indigenous peoples. They did not have the protections that all Canadians deserve. Our government did that. We said that it was important for everyone in the country have those protections.

I want to be clear that the Conservative Party is always interested in ways to improve Canada's justice system.

We talked about Bill C-51, the only bill the government did bring forward, but we supported it. We will not take the position the Liberals took with the previous government when they basically opposed everything we did. We will look at any way to improve Canada's justice system.

This past week, the heartbreaking death of Colten Boushie warrants discussions about the challenges first nations people face. All Canadians want to have fair and equitable treatment for all indigenous people. In fact, if we look at what we did in government over 10 years, they were all consistent with helping to support victims and people in the criminal justice system. One of the significant resources was to expand the aboriginal justice strategy, which enabled aboriginal communities to have increased involvement in the local administration of justice.

During the 2008 fiscal year, as an example, approximately 113 programs were funded and they served nearly 400 indigenous communities. We continued to renew that as part of our economic plan. In fact, in 2014, we renewed it for another two years. Why? Because we believed it was important.

One of my colleagues on the other side said that the native courtroom program had ended. It certainly did not end under our government. It was one of those programs in which I was very interested. It was known as the aboriginal court workers program. It assisted indigenous people to understand their right to speak on their own behalf or to request legal counsel, and to better understand the nature of the charges against them. It was very important. It assisted indigenous people with the administration of the criminal justice system, with special awareness given to the values, customs, languages, socio-economic conditions of indigenous people, and ensured there were no communication barriers between indigenous people and those involved with the administration of the criminal justice system.

Let me be clear. The Conservative Party of Canada has always been interested in hearing from Canadians on ways that we can improve the criminal justice system. Certainly the heartbreaking death of Colten Boushie warrants a discussion about the challenges faced by first nations people. We would welcome and carefully consider proposed legislation that would improve the justice system, while maintaining the independence of our justice system.

Judicial independence is protected in our Constitution, and it guarantees anyone accused of a crime that his or her case will be heard by an independent and impartial tribunal. Independence is necessary for public confidence in the fairness and impartiality of our justice system. It is a cornerstone of Canadian democracy. Fairness for all Canadians includes everyone, indigenous and non-indigenous. We all deserve that protection.

As I have stated, I am in favour of seeing more indigenous jurors and working with the indigenous community with other justice-related issues, including indigenous policing. Just two weeks ago, I was honoured to meet with the Association of Iroquois and Allied Indians on indigenous policing and law-related issues. We discussed how we could support indigenous police services. One way of doing that would be to ensure they would be listed as first responders.

I hope the government will act on the recommendations of this group. It is extremely important that we give it assistance. The government must bring first nation policing in line with other police services. There is nothing wrong with that, and it makes sense. Those forces need to be protected under strong legislative frameworks, and afforded the same resources and support as federal and provincial police forces.

Underfunding jeopardizes the adequacy of policing in indigenous communities, and there have been examples, which I was told about, among the nine first nation police services in Ontario. For instance, I was told that they were not legislated under the Police Services Act and therefore were not required to meet the adequacy standards of other local police services. There have been a couple of articles on how this can work to the disadvantage of people who need the help.

Therefore, if the government is looking for ways to help out indigenous communities, certainly this is one way. Ensure they get the same protection and the same resources as other policing services do. Again, I heard this about a week ago from groups in Ontario that this was what they should have. If the government is looking for ways to do this, this is something on which it could move forward.

We continue to be prepared to encourage more indigenous representation and input into our justice system. That is important. As I have stated already, politicians, regardless of how powerful they are, must also respect the independence of our judicial system. If it is interfered with, it may have the unfortunate effect of impeding the crown's ability to launch an appeal.

On the weekend, I made a statement about the Boushie case. I recognized that the verdict in this case must have been difficult for all those involved, especially for the family members. However, I am pleased they are in Ottawa this week.

Again, we are open to suggestions on these things. I believe you will get more support from us for worthwhile initiatives. You will probably get more support from us than we received from you in the last Parliament. However, we have to work together.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:30 p.m.

Liberal

The Speaker Liberal Geoff Regan

As an experienced member, he knows well that comments are to be directed to the Chair.

Questions and comments, the member for Niagara Centre.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:30 p.m.

Liberal

Vance Badawey Liberal Niagara Centre, ON

Mr. Speaker, many people know the member is a former colleague of mine going way back to our formal lives in municipal government. He is also a colleague of mine in the Niagara region. We work very closely together on many different issues and initiatives, and I want to thank him for that.

However, there is no question that this issue has shocked the nation. I heard the word “reckoning” earlier. It is a day of reckoning, and I agree. That is somewhat of an understatement. This is a point in time where it is all hands on deck, all 338 members in the House of Commons working together to move those yardsticks down the field with respect to this file. There is a need to put more of a lens on indigenous peoples, on their treatment, and respect, respect being the key word, to create a Canada where everyone belongs.

With all the investments and attention this government and past governments have given, whether it be through education, health care, infrastructure, and the list goes on, would the member opposite agree that we can continue to work together to add a third word to those two words we hear quite often? We have heard “truth” and “reconciliation”. Would the member opposite agree that the word “resurgence” would move the yardstick down the field even quicker? We would then have “truth”, “reconciliation”, and “resurgence”. Does the member opposite believe that with that we can work together to achieve that resurgence through dialogue, respect, and an overall effort to bring this nation to one where everyone belongs?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:35 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I have known the hon. member in public life, going back at least a couple of decades.

I thank him for that suggestion. That is exactly what we have to do. We have to move forward on these. There was quite a bit of criticism of the Department of Justice but in many ways the department has considerable insight into these.

I remember when I was on justice committee, listening to Don Piragoff, an outstanding individual in the Department of Justice. He pointed out that many times people who were caught up in the criminal justice system had administrative offences that otherwise were not criminal offences but they piled up on them.

For instance, if a person gets arrested and he or she is told not to be on the street after 9 o'clock, not to be in a bar, not to have anything to drink, those in and of themselves are not crimes, yet many times people who might have addiction problems and have been arrested go out. If they are drinking or if they are on the streets, it then piles up. It becomes far more complicated to deal with an individual who faces all kinds of charges. I really appreciate my colleague pointing that out.

We have to look at what really happens in our country with respect to indigenous peoples. I spoke of indigenous police forces in the province of Ontario. We have to look at ways to help them. We can make changes so they are in a better position.

During all of the years I was in government, I was a big supporter of the aboriginal court worker program. It made sense to help people to ensure they understood the system. People are having problems understanding what goes on in the system or what the system is all about, and this is part of the dialogue we are having here. We need to have this dialogue.

I hope the government will bring forward constructive amendments or legislation. I hope it has some ideas on this because we will look at them very carefully.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:35 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, injustice happens at many levels in the policing system.

I will share another story with the House.

Today is February 14. It is the day of the missing and murdered indigenous women and girls memorial march, which took place in my riding and across the country. A daughter of someone I know went missing and was found murdered. Her remains and the evidence related to her case were lost in a locker that people forgot about. Charges ultimately were not laid and there was no justice for the family as part of the missing and murdered indigenous women and girls. Even with an inquiry, no justice was served.

Here we are in this situation now. This is the historical pattern of our country. We can substitute the examples with different scenarios, but the theme is the same, systemic discrimination over and over again for indigenous peoples.

My good colleagues put forward a suggestion that the government adopt a legal framework based on UNDRIP, so we could stop this kind of pattern from repeating itself over and over again. Would the member support that?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, what the hon. member says is consistent with one of the points I brought up, and that is that indigenous police forces would help on this. I was a big supporter of it when I was in government, and I am still a big supporter. I met with these individuals from the province of Ontario and they told me about the challenges they had with getting recognition at the federal and provincial levels. I told them it was a great idea, that we had to do this because it made sense.

With respect to missing and murdered indigenous women, I hope the resources of our country go toward finding out who did these crimes. The complete focus should be on those who committed these crimes and then bring them to justice. This is what we need to do.

There have been some challenges with the inquiry. I am hopeful that resources will be put toward to finding out who did these horrible crimes and then make them face the justice.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:40 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I will follow up on that, because in the case that I mentioned, they knew who the accused was, and he was the worst mass murderer in the history of Canada, Robert Pickton. The issue was that because they lost the evidence, they were not able to pursue the case and lay charges.

My question is this. These are all, I suppose, symptomatic of the issue. What we need to get at are the foundational issues. If we do not change them, nothing will change, and history will repeat itself over and over again. On that foundational piece, is it not the case that we now need to adopt the legal framework of UNDRIP so that we can change the foundational aspects of the systemic discrimination that has riddled this country for 150 years?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, the member mentioned the Pickton case. She can check that one of the pieces of legislation Conservatives brought forward was that people who commit these horrible crimes can be subject to consecutive sentences. If there is one conviction against a person and then that is it, victims asked, “What about my daughter? What about my sister?” That was one of the steps we brought forward. We sent out the message that all victims count, that there are consequences for everyone who commits these horrible crimes. That was one of the things I was proud we did, to make consecutive sentences.

It is important that we do that, and that is exactly what we did, because it was the right thing to do. I would meet with the victims of these mass murderers and they would say that nothing is happening, that they were convicted with no trial, that there is nothing for their daughter, their granddaughter, or their sister, and I said that is completely wrong. The court should have the ability to impose consecutive sentences. That is the right thing to do, and that is what we did as a government.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, people watching will really appreciate the emphasis the member is putting on identifying practical solutions. It is important that we discuss the larger issues and concerns, but it is also important that we talk about specific practical solutions and consider the implications.

I do not know if the member will have time to answer both of my questions, but I would like to hear the member's thoughts about the Iacobucci report and whether the government has responded to that up until now. I am also curious to hear his views on issues around jury selection and the discussion around peremptory challenges. Maybe he has time for one of those points in response.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:40 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I do not know what the government is going to propose. We go back a long way on this. Once upon a time, when I first started out in the legal profession—

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

It wasn't that long ago.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:45 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

It wasn't that long ago, no, just a couple of years ago.

At that time, only the crown had the right to peremptory challenges. Defence lawyers did not. I remember when it was extended to defence lawyers, I said that it makes sense, that it evens it out, and it is fair to both sides. I am not sure what the government is proposing on this, or if it is going to propose anything, but we will have a look at it when it comes forward with something, hopefully.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:45 p.m.

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a privilege to rise on this day, a day on which the Prime Minister stood in this House to announce that we will introduce legislation to enshrine, finally, the recognition and implementation of the rights of indigenous peoples as the basis for all relations between indigenous peoples and the Government of Canada.

I was also proud to join the Minister of Justice in this take-note debate as she described in detail the hard work and great progress we have made on criminal justice reform. The many examples include Bill C-51, which would strengthen sexual assault laws; Bill C-46, which would strengthen our impaired driving laws; and Bill C-16, which would protect gender expression and identity under the charter. We have also made significant progress in renewing our relationship with indigenous peoples, one that is based on respect and the right to self-govern.

How are we doing this? We are doing it in a number of ways: one, by implementing the RCAP recommendation to create two separate departments, one that is mandated to focus on indigenous-crown relations and the other a department to focus on the provision of indigenous services; two, by embracing the UNDRIP principles; three, by the creation of the working group, which is currently reviewing all federal laws and policies to ensure that Canada is fulfilling its constitutional obligation with indigenous peoples; and four, by creating and enshrining 10 principles which inform our relationship. This is merely a starting point, in a renewed approach, where we are supporting the rebuilding of indigenous governments and nations while, in turn, reducing the use of the courts to resolve conflict.

Ultimately, this work will help assist Canada to overcome the legacy of colonization and achieve true reconciliation with indigenous peoples. This is a historic moment, one for which indigenous peoples have been advocating for many decades. As we move toward the next 150 years of Canada, we envision a country that is more inclusive of first nations, Inuit, and Métis peoples. Making the shift is fundamental to the growth and prosperity of Canada.

In terms of this take-note debate, let me say a few words.

Indigenous peoples are concerned because they do not know if the criminal justice system will treat them fairly, whether they are victim or accused. As the government strives to establish a nation-to-nation relationship with indigenous peoples, we must recognize and resolve these problems.

Let me speak for a few moments about the very well-documented, systemic challenges which currently exist in our criminal justice system. In this regard, the statistics reveal a number of concerning trends.

Indigenous people are more likely than any other Canadian to be victims of crime. Indigenous people are more than twice as likely to be victims of violent crimes than non-indigenous people. Indigenous women are also three times more likely to experience sexual assault.

Over 1,200 indigenous women and girls have gone missing or have been murdered. Sixteen per cent of all women murdered in Canada from 1980 to 2014 were indigenous, although they make up 4% of Canada's female population.

In 2015-16, indigenous adults accounted for 27% of admissions to custody in provincial and territorial institutions, and 28% of admissions to federal institutions. This is about seven times higher than the proportion of indigenous adults in the Canadian adult population. The overrepresentation is more pronounced for indigenous women than it is for indigenous men. In 2014-15, 38% of female admissions to provincial custody and 31% of female admissions to federal custody were indigenous women. Indigenous youth are also overrepresented in our jails. They are only 7.5% of the Canadian youth population, but they account for 35% of admissions to provincial and territorial correctional services.

These statistics are telling, and they call on us to do the important work that is before us now. What is that work?

In light of these trends, we are taking action to improve the experience of indigenous people in the criminal justice system. Specifically, we have taken steps to strengthen programming to improve outcomes for indigenous people when they come in contact with the criminal justice system as both victims and accused.

The 2017 budget set aside approximately $11 million in permanent funding for the indigenous justice program, and the 2016 budget boosted permanent funding for the indigenous courtwork program by $4 million. These programs offer support to reduce recidivism and tackle the root causes of delinquency among indigenous individuals in an effort to reduce their contact with the criminal justice system.

Alongside the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Department of Justice has also undertaken two new victim service initiatives to provide direct assistance to families. The first is funding the creation of family information liaison units, a new service to help families access available information about their loved ones from multiple government sources. Second, the department is providing additional funding for indigenous community-based organizations, non-governmental organizations, and victim services to support the delivery of culturally responsive and trauma-informed services for families of missing or murdered indigenous women and girls.

Of course, we know that funding alone is not enough. That is why our government has also been engaging with indigenous people and with all Canadians to assess the problems faced by indigenous people in the criminal justice system. This engagement has taken place through round tables on our indigenous justice program. I have been privileged to participate in that broad national round table engagement process along with the Minister of Justice.

More broadly, under the leadership of the Minister of Justice, our government has also undertaken a review of Canada's criminal justice system to ensure that it is just, compassionate, and fair, and promotes a safe, peaceful, and prosperous society.

What we are hearing is that the challenges facing Canada's indigenous community, including overrepresentation, which I have already alluded to, are top of mind when it comes to this government's agenda, when it comes to consultations and reform.

As our government continues the important work towards reconciliation with indigenous peoples, we have also developed 10 principles respecting Canada's relationship with indigenous peoples, principles which base the relationship between indigenous peoples and the federal government on the right of self-determination, and relationships based on recognition and implementation of rights. The 10 principles are intended to be a starting point for a recognition-based approach to changing federal laws, policies, and operational practices that recognize indigenous peoples.

Lastly, the national inquiry into missing and murdered indigenous women and girls was established in December 2015, and work began in September 2016.

The independent commission was tasked with examining the systemic causes behind the violence that indigenous women and girls experience and their vulnerability to violence, as well as the institutional policies and practices put in place as a response to violence, including those that have been effective in reducing violence and increasing safety. The commission was then asked to make recommendations on concrete measures to end this national tragedy and honour and commemorate missing and murdered individuals.

What are the steps moving forward? While the important initiatives I have described are critical to improving the experience of indigenous peoples, our government recognizes that we can and must do better for all Canadians. While it would be inappropriate for me to speak about the specific circumstances around the Stanley case, we must recognize the historic patterns that exclude and victimize indigenous Canadians. Part of our work in understanding and recognizing victimization is to meet with and listen to indigenous Canadians. Listening to Canadians in this way and expressing our empathy does not undermine the operation of the criminal justice system; rather, it will serve to strengthen it. Some of the concerns we have heard this week relate to the jury selection process, and the Minister of Justice has indicated our government's willingness to look at those provisions as part of our overall criminal justice review.

More broadly, our government, led by the Department of Justice, is currently developing an action plan to reduce the overrepresentation of indigenous peoples in the criminal justice system, both as victims and as offenders. The goal of this action plan is to advance federal efforts toward responding to the Truth and Reconciliation Commission's calls to action respecting adult and youth indigenous overrepresentation. We will continue to develop the action plan through engagement with indigenous partners and collaboration with provincial and territorial governments.

In conclusion, all Canadians know that we can and must do more to reshape the experience of indigenous Canadians in our criminal justice system. We must do this work in partnership with indigenous peoples, recognizing our role and our efforts to continue on the path of reconciliation.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Mr. Speaker, the member mentioned that it would be inappropriate to talk about the Stanley trial in particular, and yet the Minister of Justice and Attorney General of Canada, the Prime Minister of Canada, the Minister of Crown-Indigenous Relations, the Minister of Indigenous Services all commented on this case when it came forward, prompting the Canadian Bar Association to issue what I would say is an extraordinary statement. It said:

The Canadian Bar Association is not commenting on a case that may be subject to an appeal. We have concerns with politicians calling verdicts into question. When parties in a case believe there has been an error, the appropriate avenue is through the appeal process. The integrity of the justice system must be respected.

Could the member explain why several ministers in his government failed to understand why that was necessary?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

On the contrary, Mr. Speaker, one does not have to comment on the specific verdict of this case, which of course the government and the minister would not do, to acknowledge that it is the Boushie family members who are the victims of this tragedy. What we have done is listened and extended our condolences to the family as a result of the loss of their son. We have listened very closely to the concerns they have expressed in their experience.

The sad part is that this is not an isolated experience. This is something we have seen that has been well documented by retired Supreme Court justice Frank Iacobucci. It was documented by Senator Sinclair when he was still a judge in Manitoba. It has been well documented and indeed is replete in the jurisprudence of the Supreme Court of Canada.

I would put back to my hon. colleague that it is high time for the Conservative Party of Canada to acknowledge there are indeed systemic challenges within our criminal justice system, which call upon the important work the government is doing on the path to reconciliation.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, we are very happy to hear that we all sit on the same side concerning the terrible issue of Colten Boushie and what his family has been through. Obviously, we agree there is a huge, 150-year-old issue. I can appreciate the government wants to tackle it, but please enlighten me and explain the term “framework”. We keep hearing about a framework of measures. What are you referring to?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

Liberal

The Speaker Liberal Geoff Regan

Order.

The hon. member must address his comments through the Chair. Members must not use “you” or “vous” here unless they are speaking to the Chair.

The hon. parliamentary secretary.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

It must have something to do with the late hour of this take-note debate, but I understood that his question was to me, through you, Mr. Speaker. Thank you for clarifying the rule.

In response to his question, setting a framework is principally about changing our attitudes in our relationships with indigenous peoples. It is about moving away from a colonial construct, where for 150 years we have used our institutions to put the burden of proof on indigenous peoples to establish a right to safe and drinkable water, to health and education, and to equal access to all those services every other Canadian should and does enjoy. Instead, we are saying that we recognize that indigenous peoples have the inherent right to self-govern, to self-determine, and to autonomy. They have the right to choose the path of their own destiny.

That is what today's speech was about. It was about a catalyst. It was about starting a new chapter, which this government will write with great pride. I look forward to working with my hon. colleague, and indeed all members, in that work.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

8:55 p.m.

Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Chair, I would like to thank my colleague for having gone into such detail about all the work being done by justice. One of the things I was quite struck by earlier was when the Minister of Indigenous Services talked about the tie-in to child and family services and the huge impact it has on many of the issues we are discussing today. It really struck me, when I thought about the work we have been doing on the heritage committee on systemic racism and religious discrimination, how an approach goes beyond one department. Even when we are discussing an issue like justice, it is really across government.

Perhaps my colleague could help us by discussing how the framework announced today ties in to all of it to buttress what they are doing.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

9 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Chair, I congratulate my colleague on her recent promotion to chair of the heritage committee.

I think what she is getting at, quite appropriately, is how it is necessary to take a whole-of-government approach when we talk about embarking on the work of reconciliation. That whole-of-government approach is crystallizing the work of the working group, in which a number of different ministers, including the Minister of Justice, the Minister of Crown-Indigenous Relations and Northern Affairs, the Minister of Indigenous Services, the minister of housing, the Minister of Fisheries and Oceans, and the Minister of Natural Resources, are coming together to put that whole-of-government lens on how we close the gaps that have been erected as a result of systemic barriers, which were not designed intentionally but have, over time, resulted in a lack of full participation of indigenous peoples in every facet of life.

She is quite right to point out that as we embark on this work, we have to take a look at the full continuum of what it means to participate in our democracy.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

9 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Chair, the parliamentary secretary to the Minister of Justice was defending the tweets by the numerous ministers that directly followed the verdict in the Boushie case. Perception matters. Certainly I am not a lawyer, but there are many in the legal community, including the bar associations, who clearly feel that this overstepped a boundary.

Because he is a lawyer by training, I would like him to talk about what sub judice means and about the important rules for juries once they reach a verdict, in terms of being able to share their perspectives on how they came to their decision, so that people who are listening to the debate tonight might understand these two fundamental rules.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

9 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Chair, having worked a number of years in the criminal justice system as a prosecutor, I am confident that the minister and the Prime Minister have not commented on the verdict. I think it is important to set the record straight. What they have done is empathized and extended their condolences to members of the Boushie family, who are the victims in this tragedy.

What is regrettable is that the Conservatives have yet failed to show the same kind of empathy. This traces back to their 10 years in government, when they refused to implement the Kelowna accord and when they refused, towards the end of their 10 years, to call an inquiry into missing and murdered indigenous women and girls. That is fair comment. What we are looking for at this point is some partnership on the important work of reconciliation. They should join us when it comes time to restore, rebuild, and renew a relationship with indigenous peoples. We will do that.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

9 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Chair, I would like to ask a quick, general question about citizen participation on juries. Can the parliamentary secretary tell us whether this issue was raised during the discussions on the criminal justice reform?

Does the government intend to support citizen participation on juries by giving jurors better financial compensation and breaking down some of the barriers that prevent people from doing jury duty, such as geographical and financial barriers?

Indigenous Peoples and Canada's Justice SystemGovernment Orders

9 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Chair, I thank my colleague for his important question.

The Standing Committee on Justice and Human Rights is currently examining the issue of compensation for jurors and other resources. That work is still under way.

I would absolutely echo the sentiments articulated by my colleague. It is important that we look at the question of representation and under-representation of all peoples, especially indigenous peoples, on our juries. This is something that was studied very carefully by Justice Iacobucci in 2013. He made a number of recommendations to the Ontario attorney general. We are going to have the benefit of that report as we continue to have this important conversation so that everyone gets the justice he or she deserves.