Mr. Speaker, I am pleased to rise today at third reading to speak in support of Bill C-16 and the Government of Canada's continued response to criminal justice system delays.
Before I start, I would like to express gratitude to all members of the committee who have worked hard and diligently on this legislation.
To start, I would like to highlight three measures proposed in Bill C-16 to address delays. First, Bill C-16 would introduce greater flexibility to courts in ordering alternative remedies to address unreasonable delays. Currently, once a court determines that there has been unreasonable delay, in breach of section 11(b) of the charter, a stay of proceedings is the only available remedy recognized by the common law.
While Bill C-16 would not preclude ordering a stay of proceedings, it would, however, direct the courts to consider it a remedy of last resort after considering whether other remedies are appropriate and just under the circumstances. Courts would need to take into account specific factors like the impact a stay of proceedings is likely to have on the victim and the interests that society has in a final decision. Requiring that a stay of proceedings be considered as a remedy of last resort would also ensure greater consistency with how charter remedies are considered in other contexts.
Alternative remedies would not be codified. Instead, it would be open to the courts to determine what would be most appropriate, depending on the circumstances of the case. Each remedy could be tailored to rectify the harm suffered by the accused while preserving the public interest in having criminal cases decided on their merits. For example, a court could make an order to expedite proceedings or the trial itself, sever charges for cases involving multiple co-accused or change the venue of the trial. Courts could also consider making an order to change the mode of trial, for example, by ordering a jury trial to proceed by judge alone where applicable and with the consent of the accused.
Second, Bill C-16 would provide courts with additional guidance on assessing case complexity. The Jordan framework recognizes that some cases are inherently more complex and may justifiably take longer to complete, for example, cases with significant disclosure or particularly complex types of evidence. Bill C-16 would preserve the existing approach, determining whether a case is complex under the Jordan framework, but would require courts to consider specific additional factors when the case involves applications or motions.
This proposal responds directly to the reality that in recent years, increased reliance on applications and motions has become a significant source of delay in some jurisdictions, for example, in cases involving sexual offences and organized crime. These proceedings can be important in ensuring the accused's right to a fair trial, but they also require time and resources that are often beyond the control of the judge.
Importantly, all existing common law factors that the courts currently consider in determining whether a case is complex would continue to apply. The intent is not to replace those factors but rather to ensure that courts are recognizing the procedural complexities of modern criminal litigation and accounting for the cascading effect that applications and motions can have on delays.
While Bill C-16 seeks to address delays in the justice system to protect victims and would ensure that justice is being served for the most egregious crimes and offences, our new government is also addressing crime by investing in upstream solutions and preventative measures.
According to the United Nations Office on Drugs and Crime, investing in sport results in lower crime. This may seem implausible or unconvincing to some, but I want to emphasize what a significant and serious upstream investment sport represents in an effort to create safer communities while promoting positive social development and building resilience, particularly among at-risk youth. Sport provides a safe environment for families and youth to learn life skills, develop social capital and engage in activities that reduce the risk of crime and violence. By fostering a sense of community and providing opportunities for youth to participate in sports, societies can create safer and more stable environments.
Our government's recent generational investment of $755 million in sport will support sport development for youth and also offer families more opportunities to learn and grow their skills and to meet new friends and mentors. According to experts, sociologists, psychologists, crime prevention researchers and law enforcement across Canada, sport will also help build a stronger, safer Canada for all.
To conclude, Bill C-16 takes a careful and balanced approach to addressing criminal justice system delays. It responds to the real and lasting harm caused by stays of proceedings, particularly for victims. It would also provide courts with carefully tailored tools to ensure that justice is not only swift but fair and meaningful.
Bill C-16 reflects this government's commitment to a criminal justice system that protects constitutional rights while maintaining public confidence and delivering justice on the merits. I urge all members of the House to support this important legislation.