Debates of May 23rd, 2024

Department of Justice—Main Estimates, 2024-25

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, what was it that led the former minister of justice, Mr. Lametti, to order another trial? Can the minister answer me?

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

Mr. Speaker, what I can say is that it is not up to the minister to decide the guilt or innocence of someone who—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the minister referred to a miscarriage of justice.

Does the current minister respect Canada's Criminal Conviction Review Group, yes or no?

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

Mr. Speaker, under the current process, the minister relies on a recommendation from the Criminal Conviction Review Group. That is the system we have now.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the Criminal Conviction Review Group did not find that any miscarriages of justice had occurred. However, Minister Lametti ordered another trial, citing a miscarriage of justice.

Does the minister believe that Minister Lametti did the right thing, yes or no?

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

Mr. Speaker, it may be up to the minister to refer a case, but it is up to a new court to decide whether a person is guilty or not. It is not up to the minister to make the final decision. The decision—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, did Minister Lametti seek other opinions to determine whether he was going to make his decision, apart from that of the Criminal Conviction Review Group?

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

Mr. Speaker, with regard to the process followed, it was the existing group that was involved—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, he asked for two independent opinions.

Has the minister read these opinions?

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

Mr. Speaker, once again, as I see it, the Delisle case underscores the importance of changing the process to look for more—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, does the current minister want the two opinions that Minister Lametti solicited to be made public, yes or no?

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

Mr. Speaker, Mr. Delisle's situation highlights the fact that we need to change the process and avoid—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, is the minister aware that the fact that Minister Lametti was asked for two opinions and he never made them public has undermined the credibility of the justice system? Is he aware of that?

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

Mr. Speaker, the situation we are talking about right now, like any other situation, includes private details that are still confidential and protected by the—

[The Speaker, Liberal, Greg Fergus]

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, does the minister know who the director of criminal and penal prosecutions, or DCPP, in Quebec is? Does he know who that is?

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

Mr. Speaker, we follow the guidelines that fall under our jurisdiction at the federal level when it comes to a miscarriage of justice such as this.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the director of criminal and penal prosecutions spoke out about Mr. Lametti's action, saying that he and his staff did not even know these opinions existed and that this does not help them understand. On the contrary, it makes the minister's decision to order a new trial even harder to understand.

Does the minister agree with Mr. Michel?

[The Speaker, Liberal, Greg Fergus]

Before the minister answers the question, I would like to make sure that everyone waits until they are recognized by the Chair before speaking.

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

Mr. Speaker, I want to note that it is up to a minister, whether that is me or my predecessor, to make the decision to refer a case. Nonetheless, the final decision is always made by a court, whether it is a lower court or a court of appeal.