House of Commons Hansard #316 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was quebec.

Topics

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, extortion is a Criminal Code violation currently and there is already a mandatory minimum penalty that applies to repeat extortion with a firearm. The mandatory minimum is seven years. The maximum penalty for extortion is life imprisonment. With respect to not tolerating extortion, what we are doing is looking closely and trying to work with law enforcement officials to understand the nature of the problem, particularly in the South Asian community in B.C. and in Ontario, to target this in a more robust manner.

I would also encourage the member to look at what we are doing with Bill C-70, the foreign interference legislation that we recently tabled in this House, which looks at organized criminality that is being orchestrated by criminal elements that are operating abroad but manifesting here.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8 p.m.

Etobicoke—Lakeshore Ontario

Liberal

James Maloney LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Chair, it is a pleasure to rise again this evening to join this conversation that is so central to our democracy. There is something I want to talk about, that I touched on earlier, about federally appointed judges and our judiciary in Canada, which is one of the strongest in the world, in my opinion. We are very fortunate in Canada to have an independent and highly regarded judiciary that is respected around the world.

Canada's exceptional superior court judges are appointed through a robust, independent process, a process that our government was proud to establish in 2016. This process emphasizes transparency, merit and the diversity of the Canadian population. It continues to ensure that Canadian superior court judges meet the highest standards of excellence and integrity.

Our government considers judicial appointments a priority. We recognize that a strong and independent superior court judicial appointment process is crucial to public confidence in our justice system. That is why, in October of 2016, our government implemented significant reforms to the superior court judicial appointment process. These changes were designed to increase the openness and transparency of the process, promote diversity on the superior court bench and help bolster Canadians' confidence in the process by which their superior court judges are appointed. Today, I would like to highlight some of these crucial reforms.

First, our government introduced changes to promote diversity on the superior court bench. Ensuring our superior court judiciary reflects the diversity of Canadians is fundamental to a fair and effective justice system. When Canadians see themselves reflected in those who sit on the bench, their overall confidence in the administration of justice increases. The application form for superior court appointments was reworked to allow applicants to share their experiences, tell their stories and self-identify by gender; as indigenous, 2SLGBTQI+, racialized, a member of a cultural or ethnic group; and as living with a disability if they chose to do so.

Another one of our reforms was to reconstitute the judicial advisory committees, JACs, to be more reflective of the diversity of our local communities and to provide members with training on diversity, on conscious bias and assessment of merit. The JACs play an important role in the appointments process. They are responsible for considering applications, assessing each applicant as either highly recommended, recommended or unable to recommend for appointment, and reporting their assessments to the Minister of Justice.

Another reform was with respect to the independence and effectiveness of the JACs. In addition to promoting diversity, the 2016 changes increased the independence and effectiveness of the JACs. We instituted an open selection process for the three JAC members who represent the general public, to give any member of the public the opportunity to express their interest in being involved, and to ensure that Canadians are properly represented in the appointment process.

The next reform is with respect to transparency and rigour. Our 2016 reforms to the superior court appointment process included measures to increase transparency. Since 2016, the commissioner for federal judicial affairs, which administers the appointment process, has collected and published statistics and demographic information on those who apply for judicial appointments and those who are appointed. This publicly accessible information, published on the commissioner's website, helps Canadians gain a better understanding of the makeup of our superior court judiciary, the work of the JACs and the number of highly qualified jurists who are motivated to serve their communities as judges.

In the 2022 reforms to the superior court appointment process, we made further changes to the process in response to comments we received from organizations such as the Canadian Judicial Council and the Canadian Bar Association. The application form was revised to ensure that the JACs received thorough, comprehensive and relevant information on candidates. The revised form also incorporated more respectful and inclusive language while continuing to give candidates the flexibility to highlight their experiences, including their interactions with their communities, and explain how their experiences have shaped them.

I am proud that since the reform process was implemented, more than half of the new judges appointed are women and the appointments broadly provide representation that is more in line with the diversity of Canadian society.

I would also emphasize that this government has, time and time again, demonstrated a meaningful commitment to access to justice by increasing the number of judges serving Canadians. Beginning in budget 2017, our government has funded 116 new judicial positions. Furthermore, most recently, in budget 2024, we have proposed that 17 judicial positions originally allocated to unified family courts in budget 2018 be repurposed to general trial courts. This would allow for a timely response to demonstrated current pressures on superior courts, including family matters.

I fully appreciate the critical importance of filling vacancies, and I am committed and the minister is committed to continuing to do so as quickly as possible. Since November 2015, this government has made more than 730 judicial appointments. We are pleased that since his appointment in July 2023, this minister has announced over 100 appointments, as he mentioned earlier.

There will always be more steps to take and more improvements to make to ensure access to justice for Canadians. It takes the decisions and actions of a myriad of stakeholders who continually show their dedication to this laudable goal. I am deeply committed to continuing to do what I can to ensure a just and accessible justice system, since that is one of the reasons that I personally chose to enter public life. I know I share that sentiment with our Minister of Justice. I am proud that the federal government is doing its part as is unequivocally demonstrated by the minister's appointment record and by the government's support for new judicial resources in federal budgets.

To conclude, I will return to where I started. Our reformed superior court judicial appointments process has allowed us to continue to appoint outstanding jurists, members of a globally respected independent judiciary. Since implementing the major reforms to the appointments process, hundreds of outstanding jurists have been appointed to the superior courts across the country. They are respected in their communities and come from a broad range of backgrounds and practice areas. Every day, these exceptional judges are serving Canadians and fulfilling their unique and crucial role in our justice system. These judges were appointed through the reformed appointments process that serves Canadians well. It is a process that emphasizes transparency and merit, that reports on its progress and that works toward a bench that better reflects Canada's diversity.

Madam Chair, I am going to use the balance of my time to put a few questions to the minister, if I may. The first question is on an issue that comes up time and time again.

I mentioned earlier that I am proud of the fact that I practised in the courts of Ontario for a lengthy period of time. I am proud of the fact that we have one of the greatest judiciaries in the world. I have never been let down by our judiciary. By practising for so long and appearing in courtrooms in most cities in Ontario, I spent a lot of time asking questions. However, there is a question that I never once asked when I walked into a courtroom: Who appointed this judge? Do members know why? It is because it does not matter, because we have faith in our system and Canadians have faith in our system. Unfortunately, the Conservative opposition members, every opportunity they get, pose a question. They allude to the fact that our system is somehow tainted. They allude to the fact that our appointments process is inadequate. All that does is undermine the confidence Canadians have in our system when they have every reason to have total confidence in our system.

Is the fact that I never asked that question a reflection of our government's approach? The allegation that this government has any political input into the appointment of judges, in my opinion and in my experience, is absolutely and utterly false and I would like to hear the minister's views on this.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:10 p.m.

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Madam Chair, let me be crystal clear to the parliamentary secretary, and I thank him for his work, that partisanship, donation history and political involvement have absolutely zero impact or role in the appointments process. When I am making a suggestion to pursue an appointment, there is no evidence that is put before me with respect to any donation history, political involvement or partisan activity.

I am pleased that this is a laughing matter for some of the lawyers opposite, but what I can say to these individuals is that 80% of the individuals who have actually been appointed, out of the 730 that we have appointed since 2015, have zero donation history of any kind. That is really critical to enhancing Canadians' confidence in the administration of justice in this country. I would say that I share that opinion.

I am actually delighted when I travel within this country, or even outside of this country, when people talk to me about the high quality of jurists that we have in Canada. We will continue to appoint jurists of the highest quality who have gone through that JAC process, who have come out as either recommended or highly recommended, because that preserves the integrity of the system and preserves Canadians' confidence in our judicial system. The fact that we are also, at the same time, reflecting the diversity of communities is an additional bonus. What I said earlier and will say again is that 50% of the appointments we have made are women. That is critical in terms of ensuring that all people see themselves reflected on the bench in Canada.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:10 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Chair, I am going to go back to a topic I touched on earlier. It has to do with the judiciary, judicial vacancies and delays in our courtrooms.

As I said, I practised for a long time. I practised in Toronto, and there was a number of times I would have a trial ready to go in Newmarket, Oshawa or Brampton, only to be told there was no judge available or there was no courtroom available. In fact, there was a number of times I went to courts ready to start a trial, and they would say that there was a judge available, but there was no courtroom.

Canadians also need to understand that, when they walk into a courtroom and there is a superior court judge sitting there, the person who is sitting on the bench was appointed by the federal government. Every other component of the system, all of the infrastructure, is the responsibility of the provincial government: the desks, the chairs, all of the staff in that room, and the buildings, including the number of courtrooms in those buildings.

There are people who are in the trenches, and they know better. Conservative lawyers become Conservative politicians because they can make allegations without facts to support them. The fact of the matter is that the provincial governments are not committing the resources necessary to make sure that our judicial system functions at its maximum capacity. We have more judicial capacity in Canada right now than we have had at any time in my entire career, so I would like to hear more from the Minister of Justice on the complexity of the court system and the delays that are inherent in it because of these different factors.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, I think there are a lot of issues here that we need to really understand.

First of all, I do make the appointments for the superior court-level judges around the country, at the superior courts, the courts of appeal and even, sometimes, the Supreme Court of Canada and the federal courts. The administration of justice, pursuant to our constitution, indicates that the administration of justice is the purview and constitutional responsibility of the provinces, so what the parliamentary secretary was indicating is exactly correct. That relates to the courthouses, the court personnel and even the Crown attorneys, and I do appreciate that there are Crown attorneys and former Crown attorneys in the room right now.

Their hiring, firing and promotion are all dictated by provincial edicts, provincial budgetary allotments, etc. That also applies to court clerks, court ushers, court translators and court personnel. All of those aspects relate to the administration of justice. That is the province's purview, not my purview.

That being said, I have a strong working relationship with various attorneys general right across the country. That is really important. We are constantly addressing some of their needs. Legal aid was raised by the member for Cowichan—Malahat—Langford. By supplying legal aid, we are ensuring that there are fewer unrepresented litigants in these courts. Unrepresented litigants take longer to move through the system because they do not have the benefit of counsel.

Second, I would raise, for the edification of the members opposite, that in this rush to pursue mandatory minimums, many of which have been found unconstitutional, we actually present an obstacle towards pursuing a path of potential trial resolution. If an accused individual knows that they will be facing a penalty no matter what, they are more likely to proceed all the way through to trial, which results in more delays and more backlogs.

There are a number of features here that we are trying to address. We are addressing all of them. I am certainly doing my part with judicial appointments, but we need to be working collaboratively with the Crown attorneys and the provinces in overall administration of the system.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Chair, on the issue of the complexity of problems, I am going to go to auto theft.

The minister has been quite candid in acknowledging the fact that this is a serious problem. I find candour is a rare commodity in politics these days, so it is refreshing to see somebody who is willing to admit that there is a problem and that circumstances require a response, but one of the issues is auto theft. The minister spoke about this earlier. I am sure we will hear about it more tonight. One of the complexities is that it involves multiple levels of government and multiple parties.

Here is a fact: There are 800 fewer police officers in the streets in the GTA, where I come from, since 2015—

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 8:15 p.m.

NDP

The Deputy Chair NDP Carol Hughes

I am sorry, but I have to allow the hon. minister time to respond.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, it is critical to be supporting local law enforcement, and what we are doing on auto theft is not only proposing amendments to how it is financed through the feds and through the budget, both of which the members opposite are opposing, but also funding law enforcement to the tune of $121 million, which we announced on January 31. What that does is help in Ontario and Quebec with putting more officers on the ground, so they can deal with the pressing need to enhance law enforcement.

We are beefing up supports through the CBSA with $28 million at the border. We are providing $15 million for things like better Interpol information exchange. Through record investments of about $170 million, plus dedicated changes to the legislation, we are tackling this issue. The number of intercepts is up. We are trying to bring the number of auto thefts down.

This is a comprehensive problem, and it requires a comprehensive solution. I would hope the members opposite would get on board with the legislation.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

NDP

The Deputy Chair NDP Carol Hughes

Resuming debate.

The hon. member for Mégantic—L'Érable

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, I will be sharing my time with the members for Kamloops—Thompson—Cariboo and Calgary Forest Lawn.

The port of Montreal is the export hub for most stolen vehicles. According to the RCMP commissioner, “vehicle theft is reaching concerning volumes with a level of violence never seen in Canada”. The main reasons for that are the Prime Minister's incompetence and inability to take action to prevent auto theft

My question is this: How many violent car thieves have been given the maximum prison sentence by a court in 2024?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:15 p.m.

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Madam Chair, what I can tell the member from Quebec is that the export of stolen vehicles from the port of Montreal is indeed a problem that we need to solve. However, the resale of vehicles is also happening across the country.

We made investments in the port to resolve this problem and we are already seeing results. The CBSA intercepted over 1,000 vehicles at the port of Montreal.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, I asked for a number. How many violent car thieves have been given the maximum prison sentence by a court in 2024? I want a number.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, those who resort to violence when stealing a vehicle will be subject to harsher sentences thanks to the changes that we—

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

NDP

The Deputy Chair NDP Carol Hughes

The hon. member.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, how many violent car thieves were given the maximum prison sentence by a court in 2023?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, from the situations that have been described to me by police officers in Quebec, we need to target the Criminal Code. We are making changes—

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

The hon. member.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, I just want a number. How many car thieves who used violence were given the maximum prison sentence by a court in 2021? I just want a number.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, the legislative changes we are making target those who use violence. This member has already said that he opposes changing the penalty for people who use violence—

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

NDP

The Deputy Chair NDP Carol Hughes

The hon. member.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, I will simplify my question. How many car thieves who used violence or car thieves in general were given the maximum prison sentence by a court since this Liberal Prime Minister was elected? I just want a number. How many received the maximum sentence?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, thanks to the investments we are making, according to the figures I have, 1,127 vehicles have been intercepted by the Canada Border Services Agency.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, I just want to be given a number. How many people have received a maximum sentence from a court? I will give the minister the answer. He knows full well that it is zero.

Can the minister tell us why the Prime Minister's grand plan is to increase maximum prison sentences to 14 years in prison when no one has been given a maximum sentence in nine years?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, I would like to clarify something to the member across the way. When we amend the Criminal Code to increase a maximum prison sentence we are sending a message to judges and the justice system that we very strongly condemn auto theft.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

8:20 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Chair, can the minister tell us how many scanners could have been provided to the port of Montreal with the $60 million that was wasted by the Canada Border Services Agency on ArriveCAN?