Debates of May 14th, 2019

[Lisa Raitt, Conservative, Milton, ON]

Mr. Chair, would the minister agree with me that the Crown has a duty of disclosure specifically when it comes to making sure that the defence has everything it needs in order to exculpate itself if it does have the documents in its possession? Does he not agree that this is exactly what the duty of the Crown is in this matter?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, this was an extraordinarily complex case in which documents needed to be identified, and in which potential privilege could be claimed for solicitor-client privilege and for litigation privilege, as well as cabinet confidence.

Those decisions are, in the normal course of events, made by a judge. We set up a process that would allow that to happen, and I am confident that we met our obligations to the defence in this case.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Chair, I have to go back to what the former defence attorney for Vice-Admiral Norman indicated:

No person in this country should ever walk into a courtroom and feel like they are fighting their elected government or any sort of political factors at all.

She also said:

It took months and months and months. It took six months to get documents, and as we sit here today and as we walked out of that courtroom, we still did not have all of them....

She added:

The facts are that we were required to bring an application in court that has dragged on for six months to get documents.

How can the minister indicate that he is satisfied with the work of the department in this matter?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, as I have said, there was a process that was put into place that would allow the documents to be identified and selected, and then they would go through to a judge as well as a civil servant to determine potential privileges that applied to the documents. This is extraordinarily complex, and I am confident that we met our obligation for third party documents.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Chair, is the minister aware that on two occasions media, had to go to court in order to lift bans that were asked for and placed on the court with respect to documents, first on April 21, 2017, and second on November 23, 2018?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, again, this is an extraordinarily complex case. The decisions to produce documents ultimately would lie with a judge for reasons of various kinds of confidentiality and privilege. This is a normal course of events for these kinds of documents.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Chair, I will point out again that the minister is wrong in this case. In fact, it was the court that indicated that in the latter case, November 23, it was the Crown that decided that it would not release the documents attached to the application of October 12, and it was for no reason. In fact, the judge said that it was an open court.

I wonder if the minister could comment on why it was decided that there would be an attempt to suppress the documents attached to a duly placed motion in the court.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, I was not minister at the time. As I have said before, I have no comment on those various comments by my hon. colleague, other than to say that I am confident that the Department of Justice did yeoman's work and completed its duty to furnish documents under the third party records application process.

[Lisa Raitt, Conservative, Milton, ON]

Mr. Chair, on October 12, defence counsel asked for a number of documents to be produced. They received no documents until February 22. During testimony in December 2018, it was brought to the attention that ATIP information was in fact misapplied, meaning that they were not searching for the terms under which the documents were being filed.

Second, a person who was staff to the then Minister of National Defence did not check her personal emails or her secondary personal phone or her BlackBerry device for the documents that were being sought.

Does the minister still believe that the departments did a good job in seeking these documents?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, the process that has been described to me included an identification of potentially relevant documents by the defence. These included documents on devices, and then that number was winnowed down according to relevancy, and ultimately a judge would decide.

[The Chair, Conservative, Bruce Stanton]

That will end the first speaking slot in the opening round.

We will go to the Minister of Justice, but before we do that I will just explain to hon. members that this is the only time that this occurs.

In the format that we have, a member who has a speaking slot can, for a portion that they wish, up to 10 minutes, revert to questions to the minister. Since the minister himself is actually taking a speaking slot, he cannot really use five minutes to pose questions to himself. Therefore, members of his own party will have the opportunity in the portion that he leaves, which probably will be no more than five minutes, to pose questions to the minister at the point that he switches from his speech to the time for questions and comments. I hope that is understood.

The hon. Minister of Justice and Attorney General of Canada.

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Chair, I will provide 10 minutes of remarks and then I will welcome questions from my parliamentary secretary, the outstanding member for Parkdale—High Park.

I would first like to recognize the Algonquin nation, on whose traditional territory we are gathering this evening.

I will briefly describe how the funding allocated in the main estimates 2019-20 will support our work at the Department of Justice.

I would like to remind the committee that the department strives to promote and maintain a fair, transparent and accessible justice system. The department also helps guide the modernization of the justice system. What is more, it provides the federal government with legal services and support.

The Department of Justice has a total budgetary authority of $744.52 million through 2019-20 main estimates, which is an increase of $46.77 million from the previous fiscal year. This additional funding is for major priorities, including but not limited to innovating and modernizing how regulations are drafted and implemented, enhancing the integrity of Canada’s borders and asylum system, providing Canadians with better access to public legal aid education and information, and supporting renewed legal relationships with indigenous peoples.

Much of this year's authority will support the administration of justice and the Canadian legal framework by directing funding to the provinces and territories, with whom we share the responsibility in this important area.

The funding will also help maintain and support our bilingual and bijural national legal framework. It will also support the department’s ability to transform and modernize the justice system, while protecting and promoting the rights enshrined in the Constitution and the charter.

I would like to outline some of the key funding we have received and the initiatives that it will help support.

First, we are currently conducting a comprehensive review of the criminal justice system in order to determine how effective it is in protecting Canadians. The review, which involved extensive public consultations, will also help ensure that our laws hold offenders accountable, that they are fair and equitable, that they respect the charter and that they show compassion and support for victims.

This ongoing review has already helped inform the initiatives and reforms we have introduced.

For one thing, the review contributed to Bill C-75. With this bill, our government is fulfilling its promise to move forward with substantive criminal justice reforms that will have a real and lasting impact on court delays. It will help increase efficiencies and reduce delays for all those involved in the criminal justice system while respecting their rights and protecting public safety. This important legislation is now before the other place, and I look forward to seeing it passed during this Parliament.

We are deeply committed to reconciliation and to transforming our relationship with indigenous peoples.

The directive on civil litigation involving indigenous peoples was released in January 2019. It supports our commitment to reconciliation and rights recognition by providing advice on the approaches, positions and decisions taken in the context of civil litigation involving indigenous peoples and related issues.

I would also add that we recognize the importance of revitalizing indigenous legal systems and the important role that indigenous law institutes can play in understanding, developing and implementing indigenous laws.

To this end, budget 2019 proposes $10 million over five years, starting in 2019-20, in support of indigenous law initiatives across Canada through the justice partnership and innovation program, JPIP, to improve equality for indigenous peoples in Canada's legal system. This builds on the $9.5 million per year we already provide for the delivery of indigenous courtwork services through the indigenous courtwork program. With their knowledge of indigenous culture, language and traditions, court workers provide direct support before, during and after court proceedings.

We are also continuing our efforts to fill judicial vacancies and increase diversity in the Canadian judiciary. The appointment process for superior court justices that we introduced is more transparent, inclusive and responsible.

We have made over 300 judicial appointments since November 2015. These exceptional jurists reflect the diversity that gives Canada its strength. More than half of those judges are women, and 30% are functionally bilingual. The appointments reflect an increased representation of visible minorities, indigenous peoples, people from the LGBTQ2S community, and people who identify as living with a disability.

While on the subject of diversity, it is important to highlight our continued support for protecting the rights and freedoms of the LGBTQ2S community. One example is our Bill C-16, which received royal assent in June 2017. It amended the Canadian Human Rights Act to add two prohibited grounds of discrimination: gender identity and gender expression. It also amended the Criminal Code by adding gender identity or expression to the list of identifiable groups that are protected from hate propaganda. Finally, it made clear that hatred on the basis of gender identity or expression should be considered an aggravating factor in sentencing for a criminal offence.

We are also very proud of Bill C-78, which is currently before the other place. The legislation seeks to modernize federal family law and put the needs of the child first.

The last time our family laws have undergone significant amendments was 20 years ago. They fail to address a number of difficult issues, including relocation and family violence. I hope the reform will pass quickly.

Completing this legislation is our expansion of unified family courts. In budget 2018, our government funded the creation of 39 new judicial positions beginning April 1, 2019. Twelve of these new appointments were recently made to Ontario's Unified Family Court.

We are also maintaining and strengthening access to justice in both official languages.

Budget 2019 would give the Department of Justice $21.6 million over five years, starting in 2020-21, to support the legislative changes in Bill C-78 that seek to increase access to family justice in either official language.

This funding builds on our efforts in budget 2018, which provided an additional $10 million over five years and $2 million per year ongoing for Justice Canada's access to justice in both official languages support fund.

Another top priority for our government is ensuring that victims receive the support they need.

In 2019-20, the victims fund at the Department of Justice will provide $28.72 million in grants and contributions to support research and innovative pilot projects, as well as front-line services for victims and survivors of crime across Canada.

The Department of Justice is also committed to helping immigrants and refugees. Budget 2017 included funding for immigration and refugee legal aid on an ongoing basis: $62.9 million was identified over a five-year period, with an additional $11.5 million per year thereafter. This funding helps prevent delays in immigration and refugee processes and, most importantly, helps ensure access to justice for economically disadvantaged immigrants and refugees.

Budget 2019 builds on previous investments and commits an additional $52 million over three years, primarily for immigration and refugee legal aid, but also to support the delivery of legal services.

I want to thank the committee for giving me an opportunity to speak to them today. The work of the Department of Justice is complex, and my brief comments offer merely a glimpse of the excellent work done by department employees.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Mr. Chair, I think it is important that several things were outlined in the minister's speech. I would like to start with the question of victims.

From the work I have been doing as parliamentary secretary and the work that the committee has been doing on bills such as Bill C-84, where there was an important amendment to implement an offender registry for bestiality crimes, and Bill C-75, in relation to victims of intimate partner violence, I know that addressing the needs of victims is at the core of what we are doing as a government.

The minister mentioned in his remarks that under budget 2019 there is funding for the Department of Justice's victims fund, which is targeted at giving victims and survivors of crime the respect and dignity they deserve.

I wonder if the minister could elaborate on the types of projects these funds will support in budget 2019 to help us achieve our commitments toward addressing victims.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, I thank my hon. parliamentary secretary for his hard work.

The victims fund provides grants and contributions to support projects and activities that encourage the development of new approaches, promote access to justice, improve the capacity of service providers, foster the establishment of referral networks and/or increase awareness of services available to victims of crime and their families. The initiative provides funding to a limited number of victim-serving non-governmental organizations whose programs and activities are aligned with the victims fund and Government of Canada priorities.

I will give one example. In April, I was proud to announce $300,000 in support of the establishment of a new child advocacy centre in the Plateau in Montreal, Centre d'expertise Marie-Vincent. I visited that centre. It gives 360° service to kids at a very vulnerable time in their lives, including and incorporating all the services they would need, whether they be social, medical or support from police authorities.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Chair, I would now like to address the issue of access to justice. The minister raised this very clearly in the remarks that commenced this debate. He talked about access to justice as a general proposition. He talked about immigrant and refugee legal aid. We know what has been going on, particularly in my home province, Ontario, under the new Conservative government led by Premier Ford. There are specific cuts that are being made. There have been attacks on access to justice writ large, but specifically for the immigrant and refugee community.

I would like to ask the minister about something he mentioned, the justice partnership innovation program. That is a program that is encouraging involvement in identification of emerging trends, issues or gaps and possible responses with respect to the justice system. Can he provide an example of what we are funding with this program? I am thinking specifically about the cuts to Pro Bono Ontario that were manifested by Premier Ford.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, I take my cues on access to justice from my mentor, the late Rod Macdonald.

An example would be that in 2018 this program provided $250,000 to Pro Bono Ontario to help it adjust to a changing context and develop a sustainable model, ensuring that it continues to be able to serve Ontario's most vulnerable people.

Another example would be through budget 2018, where $25 million was committed for projects focused on public legal education, including addressing sexual harassment in the workplace.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Chair, I want to turn to the issue of youth. We know that youth is a priority for our government and for the Prime Minister, who maintains responsibility as the minister responsible for youth. That has a component of hearing the voices of youth, but also responding to youth's needs.

My question for the minister is the following. There is a funding program called the youth justice fund. That is a fund that provides grants and contributions to projects that encourage a more effective youth justice system. It responds to youth justice issues and also enables greater citizen and community participation in the youth justice system. Can the minister elaborate on what kinds of projects this fund supports in terms of promoting youth resilience?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, earlier this year I was in Edmonton, where I had the opportunity to learn first-hand about the youth resiliency project by the Duke of Edinburgh's International Award's Alberta, Northwest Territories and Nunavut division. Drawing from the framework of the Duke of Edinburgh's International Award, the youth resiliency project focuses on personal empowerment through community service, physical recreation, skill development and outdoor exploration. The passion and commitment of those involved in this project will make an incredible difference in the lives of the young people they support.

I am proud that the youth justice fund is providing $849,968 over four years for this project.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Chair, the minister commented on the number of judges who have been appointed under our mandate as a government and on the judicial diversity that is reflected in those appointments. I wonder if he could elaborate, in the brief time that remains, as to why promoting a diverse bench is a good unto itself that is being pursued so vigorously by our government.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, it is critically important, in order to have a just and fair system, and in order for the system to be seen to be just and fair, that we have a bench that reflects the diversity of our great country. To that end, we have improved greatly on the diversity of the bench. It will simply do a better job understanding and hearing the people whom it absolutely has to serve in this very important area.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Chair, with respect to the LGBTQ2 issue, the minister raised important aspects of Bill C-16. I wonder if he could comment on Bill C-75, which I also understand would take an anomaly in the Criminal Code, which is that consensual sexual relations of same-sex couples who are adults are not criminalized, but currently consensual sexual relations between youth ages 16 and 17 are criminalized. How would Bill C-75 address that point?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, I am afraid I do not have that answer in front of me. I get the hardest questions from my colleagues. I will undertake to get back to the member.

[The Chair, Conservative, Bruce Stanton]

That ends the second part of the opening round. We will now go to the third installation, with the hon. member for Essex.

[Tracey Ramsey, NDP, Essex, ON]

Mr. Chair, I will use my time entirely for questions.

Does the Liberal government still intend to issue a deferred prosecution agreement for SNC-Lavalin?

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Mr. Chair, I welcome the hon. member to the justice portfolio, having worked with her a great deal in trade in a previous life and respected her work there.

As I answered my previous colleague, because there is ongoing appellate litigation in the matter, I simply will not comment.