Mr. Speaker, Canada is a nation governed by the rule of law. This basic premise is not only written into our Constitution, but it is also found in the actions of our political actors and in the structure of our executive, legislative and judiciary institutions, as well as how they relate to one another.
Upholding the Constitution requires not only respect for the supreme law of the land, as set out in the provisions of our Constitution, but also rules and practices that reflect and support constitutional values.
As a member from Quebec and someone who has worked in the legal field in several jurisdictions, including in Europe, the United States and Quebec, but mainly in Quebec, I found it very troubling to hear certain members and media outlets suggesting that Quebec does not uphold the rule of law to the same extent as other provinces. That statement is completely false and utterly shameful.
In our parliamentary system we must adhere to and respect well-established constitutional principles and conventions. Foremost among them is the principle of separation of powers, which our Supreme Court has emphasized in a principle that is fundamental to the workings of Parliament and the courts. This principle requires that each branch of government recognize the role of the other branches and respect the appropriate limits of its own role.
As Justice McLachlin, later the Chief Justice of the Supreme Court, wrote in New Brunswick Broadcasting in 1993:
It is fundamental to the working of government as a whole that all these parts play their proper role. It is equally fundamental that no one of them overstep its bounds, that each show proper deference for the legitimate sphere of activity of the other.
In 2005, Justice Binnie observed that it was a wise principle that the courts and Parliament strive to respect each other's role in the conduct of public affairs. He went on to state:
Parliament, for its part, refrains from commenting on matters before the courts under the sub judice rule. The courts, for their part, are careful not to interfere with the workings of Parliament.
We have emphasized, here in the House, the need to respect parliamentary privilege. As Justice Binnie indicated, “[p]arliamentary privilege...is one of the ways in which the fundamental constitutional separation of powers is respected.”
However, we also need to remember that the separation of powers requires respect for the constitutional principle of the independence of the judiciary and that we need to refrain from interfering either directly or indirectly—and that is important to note—in the adjudicative function of the courts. That applies particularly to courts that deal with criminal and other related cases.
One way we in the House continue to protect the principles of the separation of powers and judicial independence is through respect for the sub judice rule. That rule is embodied in a cherished constitutional convention.
Democratic government under the rule of law has been under attack lately domestically and abroad. Continuing to ensure respect for constitutional conventions is one of the ways our political culture supports a modern parliamentary democracy that is also attuned to the values Canadians cherish, including the independence of our courts and the right to a fair trial.
Similarly, we need to abide by the sub judice convention because it contributes to respect for the principles of separation of powers and independence of the judiciary, which are fundamental to any pluralistic democracy.
We need to strike a balance between the powers, roles and duties of the executive, legislative and judicial branches, and this long-standing convention is an important means of accomplishing that.
Parliamentarians should be very familiar with the sub judice convention. There has been enough talk about it.
In fact, it is described at length in the authoritative guide to the workings of the House of Commons, House of Commons Procedure and Practice, which I hope everyone has read, as an “exercise of restraint on the part of the House in which restrictions are placed on the freedom of Members to make reference in debate to matters which are sub judice, that is, awaiting judicial decisions. It is also understood that matters before the courts are also prohibited as subjects of motions, petitions or questions in the House.”
This book goes on to note that this “restriction exists in order to protect an accused person or other party to a court action or judicial inquiry from any prejudicial effect of public discussion of the issue. The convention recognizes the courts, as opposed to the House, as the proper forum in which to decide individual cases.”
It is also worth noting that the convention “has been applied consistently” to “all matters relating to criminal cases”.
In our parliamentary system, speaking of a matter that is before a court of justice, particularly a court seized with a criminal matter and related proceedings, may risk prejudicing the outcome of a trial and may affect the protection of due process, including the presumption of innocence afforded to accused persons in our society.
Let me say this. Over the last few days, we have seen a rush to judgment and politicalization by certain opposition MPs. While I hasten to say that I offer no excuses for SNC-Lavalin, and indeed it is fully capable of defending itself, I find it highly troubling that some colleagues would readily condemn it for their own personal political gain.
When I meet lobbyists, which we have bandied about as almost a dirty word, it is highly informative of what goes on in Canadian society. I choose carefully who I meet. It is not a one-way discussion; it is a two-discussion. I ask them what they can do for the citizens of Canada.
As we who have been elected to this House know, our duty in this House is to be the representatives and voices of our constituents, not just the ones who voted for us but all the constituents in our ridings. That does not mean that we can ignore what businesses say to us, because they employ a lot of people in our ridings. In the centre of Montreal, they employ many people who are not necessarily capable of voting for someone like me, because they come in through the 14 metro stations in my riding. That does not mean that I will not stand up for those people, the employees, if there are circumstances that affect their families, whether or not they have chosen to vote for me.
My job is not to protect business but to protect the people in my riding: their charter values, their livelihoods, and first and foremost, their physical integrity and their right to have gainful jobs and to contribute to this economy. Therefore, when a company, whether large or small, comes into my riding, my principal focus is the employees and ensuring that good jobs for Canadians are maintained in my riding.
The Canadian Charter of Rights and Freedoms constitutionally guarantees the right of a person charged with an offence to be presumed innocent until proven guilty, according to the law, in a fair and public hearing before an independent and impartial tribunal. I am certain that no one in this chamber would want to undermine that fundamental constitutional right by discussing a matter that is within the rightful purview and jurisdiction of the court and is before it pending a decision.
In the case at hand, it is reasonable to ask this: After a proper accounting is made of white-collar crime and the actors are punished and fines are levied, what is left? It goes back to what I said earlier. The answer, more often than not, is employees who may see their families and livelihoods jeopardized by further prosecution. In this sense, and I will stress that I have no direct evidence of what has been discussed, the Prime Minister's Office would have been remiss not to seek advice from the then attorney general, and the then attorney general would have been remiss not to give that advice.
I want to take a moment as well to pay homage to the work done by the former minister of justice in advancing key elements of our platform. Whether it was the legalization of cannabis or assisted-dying legislation, they are elements that touch upon moral values and go beyond legislation. I want to pay tribute to the work she did in that role in advancing the values of Canadian society.
She has also helped me, on personal level, deal with issues of which I know very little. In that sense, I refer to indigenous issues, which are top of mind for this government. I want to thank her for her service in that respect.
This brings us back to the reason for the rule, which is to protect not only the constitutional rights of accused persons, but also the constitutional principles of judicial independence and separation of powers.
In the House, which respects these principles as well as constitutionalism and the rule of law, we need to do everything in our power to prevent interference, or the perception of interference, in due process, the broader principles of fundamental justice and the impartiality of the courts.
Let me discuss this concept in some detail. As I have said, by convention, members of Parliament do not comment on matters that are pending before the courts. This is known, as I said earlier, as the sub judice rule, which is just fancy Latin for matters under judicial consideration.
The rule is appropriately described in Beauschene's Parliamentary Rules and Forms of the House of Commons of Canada: “Members are expected to refrain from discussing matters that are before the courts or tribunals which are courts of record.”
Why do I mention this? It is because, so far, despite many media reports, what we have are unsubstantiated allegations. Indeed, we have had two high-profile resignations, but we do not know the substance of those allegations. I know many people will stand in the House and say that we should get to the bottom of this. What I have said in the last few minutes as an answer speaks for itself.
If anything, the motion today is premature, absolutely premature, with very few substantiated facts. The members opposite, even some reputed legal minds, in fact legal minds I respect quite profoundly, would hasten to waive solicitor-client privilege. We could have a long discussion as to whether it has already been waived.
