House of Commons Hansard #416 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was chair.

Topics

8:55 p.m.

NDP

The Deputy Chair NDP Carol Hughes

I would remind the hon. member that he is to address all his comments and questions to the chair.

The hon. minister.

8:55 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, the Department of Justice set up a process for us to meet our obligations to the court with respect to third party records applications. That is what we did. Many potentially relevant documents were identified, more than 144,000, in fact. We boiled that number down to 8,000, and the final decision was up to the judge. We worked to fulfill our obligations, and we were complimented for that.

8:55 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I want to change topics and talk about SNC-Lavalin.

I would like to know whether the RCMP has communicated with the minister or with a current or former member of his staff regarding the SNC-Lavalin affair.

8:55 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I have already said this evening, as far as I am concerned, the answer is no. I can only speak for myself and my experience. That said, the RCMP is independent. As I have said many times this evening, it is capable of conducting its own investigations, and it is independent from the government.

8:55 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, did the minister present cabinet with a proposal to give SNC-Lavalin a deferred prosecution agreement, yes or no?

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I have said a number of times this evening, I will not comment on this issue. As Attorney General of Canada and Minister of Justice, I might influence a matter before the courts. I will therefore not answer the question.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I would like the minister to tell me whether the Prime Minister spoke to him about the SNC-Lavalin affair the day he was sworn in as Minister of Justice and Attorney General.

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said publicly and before the Standing Committee on Justice and Human Rights, the answer is no.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I will ask the question again. Did he have any discussions on SNC-Lavalin before that?

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said before the committee, the answer is no.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, people are talking about a plan to prohibit certain firearms by an order in council to be announced in early June. Since this is a regulation that would fall under the Criminal Code, I would like to know whether the minister is aware of any such measures.

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said earlier this evening, this issue is a matter of cabinet confidence. This does not mean we discussed it. We did not discuss it, and I will not discuss it. That is all.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, today the Canadian Press reported that the RCMP says it never saw the new evidence that caused the case against Vice-Admiral Norman to collapse. Every time we ask any questions, we are referred back to the RCMP investigation. The government never has any answers because it simply says the RCMP did its job. The charge was dropped suddenly, when we know the trial was supposed to take place in August, right before the election campaign. Today the RCMP is saying it never saw any new evidence.

Can the minister say anything about that?

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, I will not comment on what the newspapers reported this afternoon or this evening. Since I have no way of confirming the veracity of those statements, I will not comment on them.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, let us consider the Admiral Norman case. In November 2015, the government tried to cancel the Asterix contract that had been awarded to the Davie shipyard. Then it looked for a scapegoat, in this case Mr. Norman, to find a way to please its friends elsewhere in the country.

As Minister of Justice and Attorney General of Canada, does my colleague think that is the proper way to treat an upstanding citizen of Admiral Norman's stature?

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, I am proud of the RCMP, an institution that is able to conduct investigations and that has a long history in Canada. I am also proud of the Public Prosecution Service, a new institution created by the former Conservative government that is working very well. Lastly, I am proud of my department because we fulfilled our obligations. Despite the complexity of the records applications, we fulfilled our obligations to the court. I am therefore very proud of our institutions.

As Admiral Norman's lawyer said, Canada's justice system works very well.

9 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I would like to know when the minister spoke to Gerry Butts about the SNC-Lavalin case.

9 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said earlier this evening, I met informally with Mathieu Bouchard and Elder Marques during my first cabinet meeting, but I never spoke with Mr. Butts.

9:05 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I would like to know whether there were any briefing notes for that meeting or whether it was just an oral briefing.

9:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said, it was a breakfast meeting where we discussed a number of legal issues.

9:05 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, can the minister tell us whether he received even just a few pages of information about the very important SNC-Lavalin case at that breakfast meeting?

9:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, as I said, it was a breakfast meeting, and we discussed several issues.

9:05 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Madam Chair, I would like to ask one last question. Can my colleague tell us why Gerry Butts resigned?

9:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Madam Chair, I have nothing to offer the hon. member on that.

9:05 p.m.

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Infrastructure and Communities

Madam Chair, I would like to begin by acknowledging that we are gathered on the traditional territory of the Algonquin people. I would also like to commend the minister for his hard work and his dedication to the portfolio, which has seen his shepherding of legislation dealing with criminal justice reforms; important justice reforms that will enhance access to justice; his and his team's work on ensuring that we have a very capable and high-calibre bench through the ongoing work of judicial appointments, and finally, the all-important and historic work with reconciliation as it relates to our indigenous peoples.

I am honoured to be here to contribute to this debate, to speak to some of the concrete steps we have taken towards recognizing and realizing the government's vision of reconciliation with indigenous peoples across Canada.

Our government has taken the time to meet with many indigenous leaders across this country. We heard about their priorities, their vision for the future, and the challenges and obstacles they still face in achieving this vision. Hearing these perspectives has served to reinforce our government's commitment to renewing its relationship with indigenous peoples. We have continued with our efforts to address the ongoing negative and adverse impacts of colonialism, discrimination and marginalization that have, for far too long, been part of this country's social fabric.

Contributing to renewed Crown-indigenous relationships based on rights, respect, co-operation and partnership remains a priority for the Government of Canada. This is especially true in relation to Canada's justice system. Over the past few years, the Department of Justice and the Government of Canada have introduced transformative laws and initiatives to help achieve reconciliation.

One such initiative that we are very proud of is the release of the principles respecting the Government of Canada's relationship with indigenous peoples. This document will ensure that the rights and needs of indigenous peoples are considered whenever new policy initiatives or laws are being introduced or considered.

Another key document that the Department of Justice has released is the Attorney General's directive on civil litigation involving indigenous peoples. This document will help guide litigation positions being developed. The Department of Justice also continues to work with other government departments to find alternatives to litigation with indigenous peoples wherever and whenever possible and appropriate.

These are both foundational documents that establish a modern legal framework and clearly identify the core values informing the department's day-to-day work. As the introduction to the principles notes, they are “rooted in section 35, guided by the UN Declaration, and informed by the Report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's Calls to Action”.

In addition, they reflect a commitment to good faith, the rule of law, democracy, equality, non-discrimination and respect for human rights. Training that focuses on the history and context that underlie the principles has been provided to approximately 25% of the Department of Justice's employees. It also covers practical ways in which these important documents can inform all the legal and policy work the Department of Justice oversees.

The directive is also a testament to the government's desire to transform Canada's relationship with indigenous peoples and uphold the promises of section 35 of the Constitution.

The directive continues to guide the Government of Canada's legal approaches, positions and decisions in civil litigation over ancestral and treaty rights and the Crown's duty towards indigenous peoples.

The Department of Justice also continues its efforts to advance the implementation of the Truth and Reconciliation Commission's calls to action, including the call upon governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

Canada has already stated its unqualified support for the UN declaration. Recently, in this session, the House of Commons restated its support for the passage of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

If passed, Bill C-262 will bring us even closer to implementing the United Nations Declaration on the Rights of Indigenous Peoples. It will require us to continue the work we have already started on regularly reviewing federal legislation to assess consistency with the standards set out in the declaration. In collaboration with our indigenous partners, we will also have to develop an action plan for the implementation of the declaration and release annual reports on our progress.

The Department of Justice continues to advance a number of additional and more specific measures that will contribute to reconciliation over the long term. A key priority for the department is Bill C-75, which is now in the other place. The bill proposes various measures meant to help to address court delays. It will also play a role in one of the most serious issues facing our criminal justice system: the overrepresentation of indigenous peoples in the justice system itself and in particular in our jails.

Bill C-75 tackles bail reform and also addresses administration of justice offences, such as breaching bail. These offences can unfortunately function as an entry point into the criminal justice system and significantly contribute to the overrepresentation of indigenous peoples in the criminal justice system.

The Department of Justice also continues to support and expand the use of restorative justice, which we know is a priority for many of our indigenous partners. It is also committed to supporting innovative approaches to the administration of justice in Canada. This means focusing not just on renewing the government's relationship with indigenous peoples, but building a partnership where indigenous perspectives, laws and legal traditions find voice in an indigenous justice system in harmonization with the justice system regimes and processes across Canada.

For this reason, our government has encouraged indigenous communities to share their views and perspectives on indigenous laws and legal traditions. We are actively working to promote more dialogue with indigenous peoples that will guide our collective efforts to recognize and implement indigenous justice systems in Canada. Not only does this work occur in the Department of Justice, but across many ministries so as to give effect to reconciliation.

The Minister of Justice and Attorney General of Canada is holding a symposium on the indigenous justice system today and tomorrow. This is an valuable opportunity to talk to indigenous partners, academics, students of indigenous law and public servants from across Canada about revitalizing indigenous law and national and international perspectives on interactions between indigenous and non-indigenous justice systems.

The government also recognizes the importance of revitalizing indigenous legal systems. We know that indigenous law institutes, in partnership with indigenous communities, can play crucial roles in understanding, developing and implementing indigenous laws.

Not only are we working on transforming and modernizing our laws and programs, but we also have a transparent, inclusive and accountable judicial appointment process.

This new process underlines our government's commitment to reshaping the bench to better reflect Canada as it is today and to make the courts more accessible. I mentioned this important work at the outset of my remarks.

Ultimately the goal of all of the measures and initiatives I have just mentioned is to transform both how the Department of Justice engages with indigenous peoples and how indigenous people experience the justice system. We believe that the efforts made by this government to improve its relationship with indigenous peoples has led to some very significant progress and improvements to the lives of indigenous peoples over the last few years. However, much more work remains to be done.

Working in tandem with indigenous communities, we believe we can continue to ensure the implementation of the necessary work and the shifts in mindset required to advance our shared goal of achieving true reconciliation. Our government is committed to promoting, protecting and implementing the rights of indigenous peoples.

We hope that the efforts and accomplishments of the Department of Justice will continue to reflect our government's shared commitment to achieving reconciliation and earnestly carrying out the work required to accomplish such an important goal.

Not only do I encourage the government to continue this work, but I certainly encourage my colleagues across the aisle to support this transformative and historical work when it comes to reconciliation.

I have a number of questions for the minister.

First, what are some of the ways the government is working to reduce the over-incarceration of our indigenous peoples in the criminal justice system?