House of Commons Hansard #332 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was fisheries.

Topics

The House resumed from June 6 consideration of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, Bill C-40, which we are continuing to debate today, is a very important piece of legislation. This bill would establish an independent commission dedicated to reviewing miscarriage of justice applications.

Specifically, Bill C-40 would amend the Criminal Code by reforming the existing miscarriage of justice review process in two ways.

First, it specifies accessibility criteria. It specifies the investigative process, in particular the legal threshold to conduct investigations, powers of investigation and provisions of investigation reports. The bill also specifies the decision-making process, specifically the legal threshold to refer cases back to the courts for a new trial, hearing or appeal. In addition, on that decision-making process, it would change the relevant decision-making factors.

The second area Bill C-40 addresses is additions to the Criminal Code to establish the commission: mandate, composition, appointment process and qualifications specifically, as well as the powers, duties and functions.

Bill C-40 is named after David and Joyce Milgaard. David Milgaard was convicted of a crime he did not commit and spent 23 years in prison before being released in 1992 and finally exonerated in 1997. Joyce Milgaard, David's mother, spent decades advocating for her son's release and compensation for the injustices he faced. Mr. Milgaard's experience revealed the flaws that can exist in our justice system. Joyce and David Milgaard were forceful advocates for the wrongfully convicted. They called for changes to Canada's wrongful conviction review process, including the establishment of an independent commission. We are all very proud to honour their work and their vision for a more just Canada.

I want to reflect on that last bit for a moment. Just imagine for a second being a parent who has one of their children convicted of a crime, or, first of all, just being accused and charged with a crime and the time they spend. I am reflecting on my own children, if I were in this position. I have a 20-year-old son, and I imagine if something occurred and he was put in a position like this. I just think to myself, from a parent's perspective, what would one do? A parent would go to all ends, especially if they knew their child was innocent, to protect them and to make sure they get the proper justice they deserve.

The inspiration of this bill and who the bill is named after is an example of that incredible deep passion that people bring, in particular, when trying to find justice for their children. We are very fortunate. I know there are many people who have been wrongfully convicted who did not have advocates like their parents fighting for their release. We need to use the example of what happened here, this particular dynamic with the child and their parents fighting for them, and in particular their mother, as a standard for the way we should be treating matters like this.

This is a very important bill. This bill would address the injustices that unfortunately can occur within a justice system that is intended to hold accountable those who have committed crimes.

I know, as a matter of fact, after listening to this debate in the House during the times when the bill has been up for debate, that everybody in the House supports this bill. This is a bill I have heard Conservatives speak in favour of. I have heard the NDP, the Bloc and certainly Liberals speak in favour of it. This is a bill that has unanimous consent. This is a bill that anybody who has children, who knows somebody wrongfully convicted or who fears that one day somebody else could be wrongfully convicted should support.

Knowing that we have unanimous consent for a bill like this, that we all believe that this is so important, that we all know that people who have been wrongfully convicted continue to sit in prison today, knowing all of this, and knowing that we all support it and that we all believe that justice is just as important for the wrongfully convicted as it is for the rightfully convicted, one would think that a bill like this could pass through the House very quickly, that it could get to the Senate and the Senate could do its thing with this and adopt this bill just as quickly. This should be a completely non-partisan issue. There should be no need for anybody in the House to try to slow down the process and the speed at which this bill moves through the House, especially when we hear and we know that everybody supports it.

Unfortunately, that is not what happened. Despite the fact that Conservatives said they support this, and they get up in their speeches and talk about how much they support this, they have intentionally slowed the passage of this bill through the House. The member for Langley—Aldergrove put forward 20 amendments to the bill, a bill that he supports, a bill that Conservatives will vote in favour of. Does one think these were meaningful amendments that he brought forward? They were not.

The first amendment that he brought forward was that we delete the short title. He then went on to bring forward amendments that would consecutively delete each clause of the bill, one by one. What he is doing is putting forward these amendments and, by the way, as soon as one puts forward an amendment to a bill, it resets the speaking order and everybody can speak again. He will effectively, unless the Conservatives change course and decide to apply the votes or do something at the last minute, make 20 votes out of this simple bill that everybody supports and just absolutely slow down the process.

I understand that there are issues we disagree on. I understand that the main tool of an opposition party, His Majesty's loyal opposition party, is to affect the amount of time it takes to do things in the House. I respect that. I understand that. It makes sense that, from time to time, Conservatives want to use those tools for issues that they passionately disagree with. I get it. On contentious issues, it makes sense.

However, on a bill like this, which everybody supports, which literally will allow justice to be served for those who have been wrongfully convicted, the Conservative Party played games with the bill and continues to play games with the bill now. We had to bring in a motion of closure to force the Conservatives to vote on this bill and to stop delaying it. That is where we are now. We are on the final few hours of this, because we had to force the Conservatives into this position. It is absolutely shameful that Conservatives would act in this manner with respect to a bill like this. This bill deserves the unanimous support that the House has already said it gives it. This bill deserves to be passed as quickly as possible. It is extremely unfortunate that Conservatives continue to play their games with such an important piece of legislation.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, indeed, at second reading, we thought it was a pretty good bill. There were some drafting errors that we were pretty convinced we were going to be able to convince other committee members to amend. They disagreed with that, and what happened to the bill is that it came back worse than it went in, unfortunately, because, originally, an applicant for a judicial review of what they thought was a wrongful conviction would have to have exhausted all the appeal procedures that were available to them. The Liberals unfortunately took that out. We are saying that it is creating a competing criminal justice system, which is just not necessary. David Milgaard's problem was never that the appeal process was not there, but that the system was too cumbersome. Fix that and we would agree with it.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, does that warrant deleting the short title? Does that warrant putting a separate amendment on the floor just to delete the short title? It is the short title of the bill. It is not even the full title of the bill. It is literally the short version of what we refer to the bill as.

If the member is genuine and genuinely says there is a concern about the bill, then he should explain to Canadians why he wants to delete the short title of the bill.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, we live in a society where the justice system is based on rehabilitation. We also have a justice system and society that believes, as Voltaire did, that “It is better to risk saving a guilty person than to condemn an innocent one”.

However, we are dealing with heartbreaking cases of miscarriages of justice. One example is the case we have been talking about, that of Mr. Milgaard. There are also cases in Quebec. Take, for example, the Jolivet case, which was also highly publicized.

If this is one of our values, why did the government wait so long to react and to create something that will make it possible to correct miscarriages of justice within a much more reasonable time frame?

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, this bill attempts to correct that. I agree with the member in that Liberals believe, and I believe the Bloc and the NDP also believe, in the rehabilitative process. It is called Corrections Canada. It is not “lock them up and throw away the key” Canada. The Conservatives do not believe in corrections. They do not believe in rehabilitation. They believe in locking people up and throwing away the key.

With all due respect, I know this very well, coming from a riding that has six prisons in the area. Kingston is known as the prison capital of Canada. I have heard stories from when the Conservatives were in power, about the double bunking that was going on and the absolute catastrophe of what was happening in the prisons. The Conservatives are not interested in rehabilitation. They just want to lock people up and throw away the key.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I certainly agree with the speaker across that there is a fundamental difference in terms of how we treat people in this world and how we truly see them as people.

With that in mind, the NDP is concerned about the fact that robust financial supports need to be provided to the commission to ensure it gets running quickly, considering a lot of these cases are so urgent. Could the member speak to the need to ensure funding for the commission?

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, if we do not give the commission the tools that it needs to do its work, then we are basically setting it up for failure. What those supports are exactly and how much it needs, in terms of resources, is to be determined.

I would agree with the member that the supports and resources, financial resources in particular, to do the work the commission needs to do, to do the investigative work, and to ensure that people have access to the appeals process, need to be properly funded.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:10 a.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, it is always an honour to rise on behalf of the residents of Kelowna—Lake Country.

Before I begin my speech today, I would like to mention that we will be rising soon, in this place, for the summer. I want to wish everyone a safe summer for travelling. I also want to thank all responders who might be out there, helping to save lives and keeping our communities safe.

I am rising today to speak to Bill C-40, the miscarriage of justice review commission act, David and Joyce Milgaard's law. This is an act to amend the Criminal Code, to make consequential amendments to other acts and to repeal a regulation, miscarriage of justice reviews, which will establish a commission dedicated to reviewing miscarriage of justice applications.

The current criminal conviction process is handled by the Criminal Conviction Review Group within the Department of Justice Canada, which then advises the justice minister on cases with grounds for review.

The justice minister was mandated, in 2019 and 2021, to work toward the establishment of an independent criminal case review commission to improve access to justice for people who have potentially been wrongfully convicted to have their applications reviewed. Of course, myself and the Conservatives are very sympathetic to people who have been wrongfully convicted, like David Milgaard, whom this bill has been named after. No one wants innocent people to be convicted and to be in jail. We also do not want guilty people on our streets.

It is important to have a wrongful conviction review procedure, which Canada has had for a very long time. The problem with the current system is that there is political intervention. It is cumbersome and bureaucratic. We were very optimistic that Bill C-40 could be the answer to addressing some of these issues. As is on the record, at second reading, Conservatives were in favour of this legislation, and it was sent to committee to look at potential amendments. There was one part in the legislation where we genuinely thought there was a drafting error, which can happen on occasion, and it was looked into at committee. I want to thank my Conservative colleagues who sit on the justice committee for their detailed work and their expertise on this.

The threshold for getting a review is very low. Right now, it is worded as if it has “likely occurred”, referring to a miscarriage of justice. This bill would change that to “may have occurred”. Conservatives on the committee thought that they could convince the other members of the committee to keep the higher threshold, which did not happen, so now, it has come back to the House at third reading.

One of the good parts of the bill is that it would take the political realm out of the process, which Conservatives like, to make it purely administrative. If that was all the legislation did, then we could very easily support it here in its present form. However, we believe that the lower threshold would open the door to all kinds of cases. We know that the court system is already very clogged and backlogged, but we were unable to convince members at committee to make the changes. The legislation that has come back to the House from committee is more problematic than what had been sent to committee. We think there are genuinely some clerical administrative errors with respect to the writing of the legislation. The original Bill C-40 application for review would use all available appeal avenues, such as a provincial court of appeal.

I do want to bring up a couple of quotes that I think are relevant to what we are talking about here today. David Lametti's speech, at second reading, on the miscarriage of justice review commission act, was on June 12, 2023, so it was almost exactly a year ago.

He stated, “It is important to note that the miscarriage of justice review process is not an alternative to the judicial system, nor is it another level of appeal. Rather, it provides a post-appeal mechanism to review and investigate new information or evidence that was not previously considered by the courts.” We agree with this.

As well, in the press release entitled, “Minister of Justice introduces legislation (David and Joyce Milgaard’s Law) to establish an independent Miscarriage of Justice Review Commission”, it stated, “The proposed new commission would not be an alternative to the justice system. Applicants would first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission.”

We also agree with this. However, this is not what the legislation does. In addition, Minister Virani, at committee, in October of 2023—

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:15 a.m.

Some hon. members

Oh, oh.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:20 a.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

The hon. member knows that she cannot mention current members' names.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:20 a.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

The minister, in October 2023, stated, “I think there are built-in factors to avoid them getting all the way through the floodgates. You still need to meet the threshold criteria. You need to have exhausted your appeals, at least to a court of appeal or, in some instances, all the way to the Supreme Court of Canada.”

However, since that date, in October 2023, the government has changed its approach. It has removed that requirement altogether. What it originally stated last year, with this legislation, was in fact not what we have before us today. In particular, the amendments made at committee are very far apart from the original comments that were made in the original tabling of the legislation.

As I mentioned, Conservatives did support this at second reading to go to committee. The Liberals made amendments at committee. They are really going around the appeal system, and this makes it very difficult for us to support the legislation.

One other thing I want to mention is that unlike the current process where the Minister of Justice decides whether a miscarriage of justice has likely occurred, this new commission would decide whether a miscarriage of justice may have occurred and whether it is in the interest of justice to direct a new trial or to refer the case to the Court of Appeal.

Wording does matter. That is why it is very important that in legislation, especially when we are talking about judicial legislation, every word is really thought about very carefully. Some of the issues that I have brought forth are really problematic. There really is quite a gap from the statements by the minister, the statements that were originally from the government. It is really quite a departure from what the original intention was.

We support the intention of the legislation. We support the original direction of this and the concept of it; however, once we get into the details, there are some problematic parts of this, which I have mentioned. I look forward to any questions.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:20 a.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, we have heard from marginalized groups, particularly indigenous women, who are disproportionately impacted by our justice system and who are disproportionately present in our jails. They have been begging for there to be changes to the legislation, yet the Conservatives filibustered for months, trying to stop the actual changes that indigenous women have been asking for.

How does the member justify that?

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:20 a.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I find it really interesting that particularly with my private member's bill, end the revolving door act, which would have gotten mental health assessments, and addiction treatment and recovery, in federal penitentiaries, the member, most of her NDP colleagues and the Liberals voted against it. It is really interesting when we hear questions like that. There was great legislation brought forth by Conservatives to help people get out of the revolving door we have in Canada and to help them get mental health assessments and addiction treatment, but the Liberals voted against that. It is really unfortunate that the legislation did not pass.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:25 a.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, in her very thoughtful speech, my colleague from British Columbia mentioned some things that happened in committee, and the Conservatives supported the general framework of the legislation, but not some of the flip-flopping that happened on some very key issues. I wonder what my colleague thinks about how important it is for Canadians to have confidence in our criminal justice system and how the flip-flopping by the minister is going to undermine that, particularly with getting rid of the necessity to fully exhaust all available avenues of appeal.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:25 a.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I want to thank my colleague for all the work he has done on this piece of legislation and for the work he does at committee.

It is very similar to what we see the Liberals quite often do. They will have some legislation where the title sounds good, and they will have sort of a purpose and will make statements on that. However, once we actually see the end result of the legislation, it is very different from what the concept is or what the title is. That is exactly what we are seeing in this particular legislation. The concept of it makes sense. There are many parts of this, as I mentioned, that we can support, but once we get into the details, there are parts of the bill that are very different from what was originally stated by the minister and the minister's office. It is quite a departure from what the legislation appeared to have been originally focused on.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:25 a.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, my colleague brought up a private member's bill that she put forward and that would have greatly assisted those suffering from addictions and mental health issues, which was voted down by the government and other parties. I wonder if the member could expand a bit on some of those policies that, if brought forward, would have actually helped Canadians.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:25 a.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, there are a couple of parts. First of all, we know that the bail reform the government has done has just led to a revolving door in the bail system. We have citizens being traumatized in our communities by the revolving door of people breaking the law. On the other side, there are people being convicted whom we want to help, and of course within our jurisdiction, it would be in the federal penitentiaries. If we do not help them while they are in those penitentiaries, the recidivism and the revolving doors just continue. My legislation, the end the revolving door act, would have been one way to genuinely help people. We know that more than 70% of people convicted and sentenced to federal penitentiaries have addictions issues.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:25 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, I am pleased to rise today to speak to Bill C‑40. This bill seeks to modernize the Canadian justice system by creating the miscarriage of justice review commission to address shortcomings in the processing of miscarriage of justice applications.

We are all aware of this issue; it has been rather well documented. The minister at the time, David Lametti, commissioned a study in 2021 to examine the issue because the processing times for the applications of people claiming to be the victim of a miscarriage of justice were completely unreasonable. In some cases, people who managed to complete the process had already spent many years behind bars, part of their lives, before being found innocent and released from prison.

The issue clearly needed to be addressed. The Liberal minister at the time, Mr. Lametti, commissioned a study and launched consultations, after which all the experts agreed that the minister needed to be stripped of one of his powers that might be characterized as absolute. Traditionally, under our laws, the minister alone had the fairly significant power to decide whether a person who claimed to be the victim of a miscarriage of justice could have a re-trial. That put a lot of power in the hands of one person, the person holding the position of Minister of Justice.

Although the minister worked with a team, it was still necessary to create a quasi-judicial commission made up of commissioners independent of the government apparatus in order to restore public trust. These commissioners will be able to take over from the minister to expedite the process of analyzing applications from people who believe they have been the victim of a miscarriage of justice. This should also serve to increase public trust in the fact that the people analyzing these applications are neutral.

There is one thing we find hard to understand. The Liberals have been in power since 2015. The Minister of Justice, Mr. Lametti, commissioned this study back in the day, and it had fairly unanimous support, yet he waited until 2023 to introduce his bill. Why is it that today, in June 2024, we are using an expedited legislative process to get this bill adopted? Two years ago, certain people could have benefited from a new miscarriage of justice review commission. We find it hard to comprehend why, all of a sudden, the Liberals are rushing to pass this bill even though it has been in the works since 2021 and has unanimous support.

When the bill was studied in committee, our justice critic, the member for Rivière-du-Nord, said that this commission was necessary and that he supported the bill. Naturally, the Bloc Québécois is going to vote in favour of Bill C‑40. We hope, once the bill is passed, that the government will promptly implement all necessary measures to allow the new commissioners to get on with their work.

Now, there is another question we are asking ourselves. Minister Lametti commissioned this study in 2021, but he also made a big decision in 2021, one that is hard to understand. I read another article today in the investigative section of La Presse. Former justice minister David Lametti is still being asked why, for example, he ordered a second trial in the Jacques Delisle case. Jacques Delisle is a former judge who was found guilty of murdering his wife. It is hard to understand why the minister did that. It is not just me, the member for Salaberry—Suroît, who is saying this.

As of March, Quebec's director of criminal and penal prosecutions still did not understand why the minister had ordered a new trial.

With the powers the justice minister held at the time, Mr. Lametti set in motion an entire legal process to retry Jacques Delisle, which obviously led to further investigations. The minister could only order a new trial if new and relevant information had been brought to his attention, if it could be demonstrated that evidence had not been presented at trial or if new evidence had come to light. To this day, Quebec's director of criminal and penal prosecutions is asking former justice minister and lawyer David Lametti to explain himself. Obviously, certain decisions were made as a result of the minister's decision. The Delisle trial has concluded, but not to the satisfaction of Quebec's director of criminal and penal prosecutions, which is understandable.

Bill C‑40, which we are debating, may rectify what has been a willingness to concentrate power in the hands of a single individual who holds the position of minister of justice. It is hard not to agree with that. We have every reason to question this. To the Bloc Québécois, it is important that the public and the citizens the minister represents have confidence in our system and that the victims also have confidence in the process and trust beyond a doubt that their case will be studied in a neutral, fair and equitable manner, based on the facts and any new evidence they might present.

During study of the bill in committee, there were debates, including one that surprised us in the Bloc Québécois. The member for Rivière-du-Nord, who is our justice critic and a member of the Standing Committee on Justice and Human Rights, introduced a single amendment. To us, that amendment made so much sense that we assumed its adoption was a mere formality.

The purpose of the amendment that the Bloc Québécois introduced in committee was to require judges, who play a quasi-judicial role in this miscarriage of justice review commission, to be bilingual or at least comfortable in both official languages. I would remind the House that Canada's two official languages are English and French. These two languages are governed by Canada's Official Languages Act. To ensure that the cases of francophones and anglophones are assessed fairly, the commissioners assigned to the case must be able to listen, ask questions and analyze evidence in both official languages.

To our great surprise, the amendment was defeated by a vote of six to five. A Liberal member who serves on the Standing Committee on Justice and Human Rights opposed it. Did his party use him as a scapegoat? I have no idea. He is an Ontario MP. We were very disappointed by that because the amendment made a lot of sense. Canada has an Official Languages Act, and it seemed very obvious to us that this was the way to go.

That will not prevent us from voting in favour of Bill C‑40, but once again, we are dealing with a total lack of understanding about the importance of French and the importance of guaranteeing Quebeckers and Canadians access in both official languages to the people who will be assessing their case.

I hope that Bill C‑40 will be passed quickly and that the commissioners can get to work soon.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:35 a.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Chair, I would like to thank the member for Salaberry—Suroît for a very thoughtful speech and for highlighting the importance of an independent review commission.

I want to thank the member for raising the case of Jacques Delisle as an example of how things can go wrong when the system is too politicized. I also want to thank her for highlighting the importance that the public must have confidence in our criminal justice system.

In the member's opinion, is that confidence undermined by the threshold for obtaining a review, getting in front of a judge again, being too low? Would it be undermined by eliminating the requirement that an applicant must have exhausted all the appeal avenues that are available under the current legislation, which would be done under the new bill?

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:40 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, I am not a lawyer. I have no experience with the legal side of things.

I understand that what the member is referring to is complex issue. It is true that some people use every possible legal procedure and all the courts they can to delay the judicial process in their case. Yes, these are questions I have asked myself, but it is difficult to comment on the issue at this stage, as we consider the bill. What I do know is that we need to be able to give a guarantee to our citizens, the people we represent. If someone really wants to claim they have been unfairly convicted, they must be given the chance to do so within a reasonable timeframe, while also complying with all the criteria required for them to be heard by the new commission.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:40 a.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, one issue often found when there are miscarriages of justice has to do with the process of plea bargaining with folks who cannot afford proper legal help. Something we know about the justice system is that it is riddled with systemic violence, and it is targeted more prominently against specific groups. I would say these are indigenous groups, where there is an overrepresentation of folks in the justice system, as well as Black communities.

Would my colleague agree with me that, if we are going to rectify issues in the justice system, we need to deal with systemic racism.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

June 14th, 2024 / 10:40 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, my colleague asked a good question.

I understand her, and I agree with what she said about people who are less well off and more vulnerable. They may not necessarily have the access or the money to actively engage in the judicial process, which requires hiring legal advisers and good lawyers. That is a real problem.

As I believe everyone knows, since I often mention it in the House, I am a social worker. I am very sensitive to the fact that some people are more vulnerable than others. At first glance, it seems that the justice system is easier to access when people can afford a good, expensive and competent lawyer with subject matter expertise. That concerns me a lot. Quebec has set up a legal aid service that provides the most vulnerable and financially disadvantaged people with access to legal aid and good lawyers to guide and support them through the legal process.

I believe that every province would benefit from examining this solution more closely, considering ways to adapt it more effectively and exploring whether all vulnerable people could be better supported during the legal process.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:40 a.m.

Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Madam Speaker, I would like to congratulate my colleague on her speech, which was very clear, very interesting and very well structured. She has made a significant contribution to the study of this bill.

I am wondering about something in her speech that caught my attention. She mentioned that the member for Rivière-du-Nord wanted to bring forward an amendment to ensure that the judges on the judicial review commission are bilingual, meaning that they are proficient in both French and English. The federalist parties here in the House are always saying that French is important to them, but when it comes time to appoint bilingual judges, the answer is no. I am trying to understand why that is.

Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)Government Orders

10:40 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, I think it is obvious.

We are governed by the Official Languages Act in Canada. However, when it comes to enforcing the act or being consistent when independent commissions or committees are set up, there is resistance. We do not understand this resistance, because it stands to reason that, here in Canada, in Quebec and in the other provinces, services must be provided in both official languages, French and English.