Mr. Speaker, I will be sharing my time with the member for South Surrey—White Rock.
It is an honour for me to be here today to engage in the debate on a very important topic, the reform of the Judges Act.
Bill C-9 introduces comprehensive reforms to the Judges Act. It introduces comprehensive reforms to the process through which judicial conduct is reviewed and sanctioned. The proposed reforms to the Judges Act aim to enhance the Canadian Judicial Council's capacity to effectively respond to all allegations of judicial misconduct. It is not necessarily highly contentious instances, but also instances of lower measure.
The proposed measures seek to promote procedural fairness in an independent, effective and efficient judicial conduct review process designed to minimize delays and to contain costs. The Canadian Judicial Council, under this new set of rules, this new legislation, will be able to respond to all allegations of misconduct. The process of the investigation and review will be streamlined. There will be new tools for procedural fairness. There will be fewer delays. Importantly, there will be funding to make sure that all of this is done in a cost-effective and efficient way.
Importantly, there is also procedural fairness for judges in their pensions in the event they are dismissed for misconduct, if that is ultimately what the finding is. Of course, we all want to be fair to our judges.
There will be new powers for the Canadian Judicial Council to make orders such as ordering a judge to make an apology publicly, or require that a judge undergo counselling, if that is the right response.
There will also be a capability for the Canadian Judicial Council to order that the judge undergo continuing professional development, something that we all agree with, something that judges and all professionals should engage in, as we all have to do. There are a number of members of the bar here. They have to undergo continuing professional development every year.
There will also importantly be a right of appeal for judges. My colleague, the member for Northumberland—Peterborough South, went into some detail as to what all the new processes and procedures are. I will not read them into the record.
What is important here is that we want to be fair to judges, but we also want to be fair to complainants, people who feel they have been wronged by the conduct of a judge.
Very importantly also is that Canadian society wants judicial independence. This is so important to help Canada operate as a country. Judicial independence is a cornerstone of our judicial system and indeed of our whole democratic system. We are a society that believes in the rule of law. Everybody is subject to the law. Everybody is equal before the law, including the judges who make the law and including politicians who make laws.
It is important that judges be free from political interference, that the whole justice system be free from political interference. Unfortunately, we have seen some bad situations, for example, with the SNC-Lavalin scandal a couple of years ago, where politicians tried to interfere with the judicial process, rather than allow it to operate the way it is supposed to under judicial independence rules. It is inappropriate for politicians to get involved in that.
It is also important to understand that judges must be free from political pressures. The superior courts are masters of their own scheduling, of their own operations. That is fundamental to the way we operate.
Courts are self-governing when it comes to judges' professionalism, competence, ability and conduct. This came up in the previous Parliament under Bill C-3. This was new legislation that was brought in requiring judges to undergo sexual assault training. At that time it was a deep concern to many members in this Parliament and previous Parliaments and to many Canadian citizens that not all judges were properly trained for sexual assault cases. We deemed it important that judges understand how sexual assault cases are different from other kinds of criminal cases.
The reason I raise that here is that judicial independence became an issue then. That was another bill where everybody was in agreement. We deemed it important that it be debated because the issues surrounding that were so important to Canadian citizens. There were, at that time, academics and jurists who said that Bill C-3 was going in the wrong direction and undermining judicial independence. Here again, it was Parliament telling judges what they had to do and saying that they needed to take a course in this and they needed upgrading in that.
After a lengthy debate, Parliament came to the conclusion that there is a balance to be found between integrity of the judicial system and allowing judicial independence. That bill, I submit, found that right balance. After a lot of debate, it went to committee. We heard from experts and we deemed that to be the right way to go with the right balance between judicial independence and ensuring that judges have proper training. The same is true here. It is so important for us to find that right balance.
I said earlier that one of the key cornerstones for judicial independence is that judges be free from political pressures and from outside pressures as well. Sometimes it is difficult for citizens who are not trained in the law to understand how judges operate and how they make decisions that are perhaps controversial.
One example comes to mind. It is going back a lot of years, but it is the O. J. Simpson trial in the United States. Mr. Simpson was charged criminally, but the jury found him to be not guilty, yet he was sued on the same set of facts in a civil court and was found to be liable. People did not understand how that worked and why one court could find him not guilty and the other one could find him civilly liable. That is the difference between the criminal benchmark for finding somebody guilty beyond a reasonable doubt and the civil courts where a judge or jury find that someone is liable on the balance of probabilities. That is just one of the important points of judicial independence.
That said, judges are also human beings. They are Canadian citizens. They know what is going on in the world, so we require them to be sensitive to community standards. Sadly, that is not always the case, as we saw recently in the decision of the Supreme Court of Canada in R. v. Bissonnette, where the Supreme Court of Canada found that consecutive sentences were unconstitutional. Many Canadians are having a hard time understanding that. This Parliament needs to look into that to ensure there is fairness according to common-law conditions, and also so that the citizens of this country know that the courts are operating in a way that values and understands community values.
In another case, R. v. Brown, just very recently, a person was found to be not guilty by reason of extreme intoxication and therefore he could not form mens rea, as we call it, which is the guilty intention to commit a crime. Again, Canadian citizens have a hard time understanding that. It needs to be reviewed as well by this Parliament, and I hope that happens soon.