Debates of May 23rd, 2024

Department of Justice—Main Estimates, 2024-25

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

Mr. Speaker, as I have indicated in this chamber, there is already a mandatory minimum sentence in place for people who are repeat offenders for auto theft.

[Melissa Lantsman, Conservative, Thornhill, ON]

Mr. Speaker, it is well known that the cars that are stolen end up in the port of Montreal, or at least many of them do. There are 1.7 million containers at the port of Montreal. How many of them are scanned?

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

Mr. Speaker, I can indicate to the member opposite that we put $28 million toward scanning more of those containers, and that has resulted in the interception of over 1,000 cars by CBSA in 2024, including at the port of Montreal.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I rise on a point of order.

I would invite you to speak with the table officers, but my understanding is that when we are in committee of the whole, answers are to be balanced proportionately to the time that is provided in the question. I wrote down the times, and in one case, by my rough calculation, and this is by no means scientific, there was actually a 14-second disparity. I would ask that you please enforce that and enforce it strictly, if I am in fact correct on this.

[The Speaker, Liberal, Greg Fergus]

I thank the hon. member. There was one question where the hon. minister had gone over time and the Chair was giving indication, as all members saw me doing. I do want to indicate, though, that according to the rules, as I mentioned at the front end, and I will do this in a free translation, we do say that the time of answer of the minister should correspond roughly, à peu près, to the time that was put for the question. In most cases, the time came in under time.

I can assure the hon. member that I have been keeping track of this. I will continue to do so, and I will endeavour to make sure that the members' times are entirely respected.

The hon. minister has 15 minutes.

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I will be providing 10 minutes of remarks, and I will be welcoming questions from my parliamentary secretary, the member for Etobicoke—Lakeshore. I will be using my time to discuss measures in the recent budget to combat crime, especially auto theft and money laundering. I will also touch on legal aid investments and provide an update of our work on online safety.

Auto theft is a serious problem that affects communities across the country. Not only does it affect people's wallets, it also causes them to feel unsafe. The number of these thefts has risen and, in some areas, they are growing more violent. These criminals are increasingly emboldened. Our government is committed to ensuring that police and prosecutors have the tools they need to respond to cases of auto theft, including thefts related to organized crime.

We also want to ensure that the legislation provides courts with the wherewithal to impose sentences commensurate with the seriousness of the crime. The Criminal Code already contains useful provisions for fighting auto theft, but we can do more.

This is why we are amending the Criminal Code to provide additional measures for law enforcement and for prosecutors to address auto theft. Bill C-69, the budget implementation act, sets out these proposed measures. These amendments would include new offences targeting auto theft and its links to violence and organized crime; new offences for possession and distribution of a device used for committing auto theft, such as key-programming machines; and a new offence for laundering proceeds of crime for the benefit of, at the direction of, or in association with, a criminal organization. We are proposing a new aggravating factor at sentencing, which would be applied to an adult offender who involves a young person in the commission of the crime. These changes are part of the larger federal action plan on combatting auto theft that was just released on May 20.

Auto theft is a complex crime, and fighting it involves many partners: the federal, provincial, territorial and municipal governments, industry leaders and law enforcement agencies.

I will now turn to the related issue of money laundering. Addressing money laundering will help us to combat organized crime, including its involvement in automobile theft. However, the challenges associated with money laundering and organized crime go beyond auto theft.

That is why we are continually reviewing our laws so that Canada can better combat money laundering, organized crime and terrorist activity financing.

Bill C-69 would give us more tools to combat money laundering and terrorist financing. These new measures would allow courts to issue an order that requires a person to keep an account open to assist in the investigation of a suspected criminal offence. Currently, financial service providers often unilaterally close accounts where they suspect criminal activity, which can actually hinder police investigations. This new proposed order would help in that regard.

I hope to see non-partisan support from all parties, including the official opposition, on these measures to address organized crime. It would be nice to see its members support something, rather than simply use empty slogans or block actual solutions. We see this as well in their efforts to block Bill C-59, the fall economic statement, which has been in this chamber for literally months. That also contains a range of measures to combat money laundering, which have been asked for by law enforcement. For a party that prides itself on having a close relationship with law enforcement, I find this obstruction puzzling.

What is more, under Bill C-69, the courts will also be authorized to make an order for the production of documents for specific dates thanks to a repetitive production order. That will enable law enforcement to ask a person to provide specific information to support a criminal investigation on several pre-determined dates over a defined period. That means that the individual will be required to produce specific information to support a criminal investigation on several pre-determined dates.

These two proposals resulted from the public consultations that our government held last summer. We are committed to getting Bill C-69 passed by Parliament in a timely manner so that the new measures can be put in place as quickly as possible and so that we can crack down on these serious crimes as soon as possible.

I would now like to discuss our investments in legal aid. Just as we need to protect Canadians from crime, we also need to ensure that people have equitable access to justice, which is an integral part of a fair and just society, and a strong legal aid system is a key aspect of this. It strengthens the overall justice system. Budget 2024 includes measures to increase funding to criminal legal aid as well as legal aid for immigrants and for refugees to Canada.

For criminal legal aid, budget 2024 provides $440 million over five years, starting in 2024-25. This would support access to justice for Canadians who are unable to pay for legal support, in particular, indigenous people, individuals who are Black and other racialized communities who are overrepresented in the criminal justice system. Indeed, legal representation helps to clear backlogs and delays in our court system as well.

This essential work is only possible with continued collaboration between federal, provincial and territorial governments. The proposed increase to the federal contribution will assist provinces and territories to take further actions to increase access to justice. This legal aid will help with the backlogs I just mentioned. Unrepresented and poorly represented litigants cause delays in our justice system. Making sure that these individuals have proper support and representation will help ensure access to a speedy trial. This, in combination with our unprecedented pace of judicial appointments, 106 appointments in my first nine months in office, will also address backlogs. In comparison, the previous Harper government would appoint 65 judges per year on average. I exceeded that amount in six months.

For immigration and refugee legal aid, budget 2024 would provide $273.7 million over five years, starting in 2024-25, and $43.5 million per year ongoing after that. This funding would help support access to justice for economically disadvantaged asylum seekers and others involved in immigration proceedings. This investment would help maintain the confidence of Canadians in the government's ability to manage immigration levels, and to resettle and integrate refugees into Canadian society. To do this very important work, Justice Canada continues to collaborate with provincial governments and with legal aid service providers, as well as Immigration, Refugees and Citizenship Canada. Together, we are exploring solutions to support sustainable access to immigration and refugee legal aid services.

Before I conclude, I would like to talk a little about Bill C-63, which was raised by the member for Fundy Royal. The bill addresses online harms and the safety of our communities online. Much has already been said about this very important legislation, which would create stronger protections for children online and better safeguards for everyone in Canada from online hate and other types of harmful content. What is critical about this bill is that it is dedicated to promoting people's participation online and not to limiting it.

This legislation is informed by what we have heard over five-plus years of consultations with diverse stakeholders, community groups, law enforcement and other Canadians. This bill focuses on the baseline responsibilities of social media platforms to manage the content they are hosting and their duty to keep children safe, which means removing certain types of harmful content and entrenching a duty to act responsibly.

This bill is about keeping Canadians safe, which is my fundamental priority and my fundamental duty as the Minister of Justice and Attorney General of this country. It is about ensuring that there is actually a takedown requirement on the two types of most harmful material: child pornography and the non-consensual sharing of intimate images, also known as revenge pornography.

There are five other categories of material that would be dealt with under this bill, including material that includes inciting violence, incitements to terrorism, hatred as defined by the Supreme Court of Canada, bullying a child and also inducing a child to self-harm. I am speaking now not only as the Minister of Justice but also as a father. I think that there is nothing more basic in this country for any parent or parliamentarian than keeping our children safe.

I am thankful for the opportunity to speak about how we are making Canada safer and making our justice system stronger, more accessible and more inclusive for all people.

[James Maloney, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, first, let me start by thanking the minister for his remarks and saying that it is a privilege to serve alongside him in his capacity as Minister of Justice.

The minister made some remarks about our Charter of Rights and Freedoms. Throughout my entire adult life, this has been a document that Canadians have come to rely on, and the expectation is that their rights will be protected. However, about two weeks ago, the leader of the official opposition said something that can only be described as astonishing. In fact, it is frightening. He told Canadians that he, and he alone, would be the sole arbiter of my rights, and all Canadians' rights, which he would defend. That is not the way Canada works. That is not the way the federal government works. Never in the history of our country has the federal government ever invoked the notwithstanding clause.

Perhaps the minister could expand on his comments, on the importance of the charter and on this reckless suggestion by the Leader of the Opposition.

[The Speaker, Liberal, Greg Fergus]

The hon. minister has a maximum of one minute and 10 seconds.

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

Mr. Speaker, Canadians need to understand what the charter protects. It protects freedom of speech, freedom of religion, freedom of association, lawful assembly and Canadians' right to equality. It also protects Canadians' right to be presumed innocent under the law. These are quite fundamental.

What I find absolutely cavalier and astonishing is that instead of speculation, we have the Leader of the Opposition, a man who would purport to one day trying to become prime minister, openly declaring that he would use a clause within that document to trample on those charter rights.

That is really quite astonishing. First, because it has never been done before at the federal level, and that is for good reason. With the Charter of Rights and Freedoms, we do not get to sort of cherry-pick which rights we are talking about and which rights we would purport to defend. The Leader of the Opposition talked about it in the context of criminal justice reform that he would purport to put in place.

Next, the charter deals with protections of things such as women's reproductive rights, Canadians' ability to marry the person they choose and their ability to use pronouns of their choice. These are fundamental rights for Canadians, and they deserve to be protected.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Mr. Speaker, perhaps the minister could just reinforce the difference between the Liberal government's position and the position taken by the Leader of the Opposition, just so that Canadians can be assured, as long as this government is in power.

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

Mr. Speaker, we are the party that invented the Charter of Rights and Freedoms. We created it and passed it into law.

We are the party that will always stand by the Charter of Rights and Freedoms, and that includes all charter rights and freedoms. We do not selectively choose some of them. We will defend every Canadian's rights under the charter, and not cavalierly invoke the notwithstanding clause.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Mr. Speaker, I will move on to a different subject.

We are talking about court delays. I practised law in Ontario for 20 years before I had the privilege of serving in this House. We all know that court delays are caused by multiple different factors.

Perhaps the minister could share his thoughts on some of those other factors, including the provincial government's role in and responsibility for the court system.

[The Speaker, Liberal, Greg Fergus]

The hon. minister has 22 seconds.

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

Mr. Speaker, the first point I would make is that I have appointed 106 judges in nine months, with respect to the heckles opposite. That is the fastest rate in modern Canadian history.

The second point I would make is that if all judicial vacancies evaporated, and there are only 6% around the country, we would still have issues that relate to court infrastructure, court personnel, backlogs and delays that are a result and a by-product of COVID and the need to modernize our court processes.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Mr. Speaker, on that point, the Liberal government, shortly after it was elected, increased the judicial complement in this country, including here in Ontario.

Perhaps the minister could take a moment to share with us the number of judicial appointments he has made since he was appointed as minister.

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

Madam Chair, we have increased the number of judges in this country over the last nine years by 116 in total.

The number of judges that I have been able to appoint in nine short months in this office is 106. The average of the Harper government, annually, was 65. We are literally working at twice the rate of the previous Conservative government.

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Madam Chair, I will get back to this later, but perhaps the minister could briefly touch upon, and reinforce, the changes that were made by the government to the appointment process that have enhanced the quality of the bench.

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

Madam Chair, the changes that have been made reflect a comprehensive questionnaire that looks at the lived experience of the individuals. We have put an emphasis on women, bilingualism and diversity. That has resulted in a level of appointments where 54% are women, and there have been 730 appointments so far. The previous government's track record was 30%.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Chair, this is my first Committee of the Whole. I am very pleased to be here this evening. I am going to be using a question and answer format, if that is okay. I will ask a question and then let the minister answer it.

I am going to jump right into my questions, starting with the topic of appointing judges. Obviously, the timely appointment of judges is essential to a fair and equitable justice system. As we know, there are a number of judicial vacancies. Justice Wagner sent a letter to the Prime Minister, asking him to fill the vacancies. As of today, there are still 57 vacancies to be filled. Can the minister tell us whether these posts will be filled by the end of the year?

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Madam Chair, what I can say is that I will do my best to fill any vacancies across the country. I want to point out that the number of vacancies in Quebec has diminished significantly since I took office. I am working very closely with the chief justices of the Quebec Court of Appeal, the Quebec Superior Court and the Attorney General of Quebec. As I just mentioned, I have already made 106 judicial appointments in my first nine months in office. That is a record-breaking number in modern Canadian history.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Chair, I thank the minister for his efforts. Can he tell us how many positions still need to be filled in Quebec and when they will be filled?

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

Madam Chair, I will try to find the exact figures for Quebec, but I am sure that there are not many vacancies in Quebec at this time.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Chair, how does the minister explain the significant delays in appointing judges? I understand that he has appointed several judges this year, but it is still taking too long.

How does he explain that?

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

Madam Chair, when I was appointed, I was shocked to learn that the delays were caused by the need for security screening. Of course that is necessary, but with the changes I have put in place, we have created a triage system where judges are considered before other public servants.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, is that how we can improve the way judges are appointed in a timely manner? Is that the strategy he is proposing or is he working on a plan to improve the process?