Francesco Sorbara

[Judges Act, June 16th, 2022]

Mr. Speaker, I have a few remarks on Bill C-9, an act to amend the Judges Act. I am not a lawyer or a full subject matter expert on this bill, but having read the bill kit, I have put together a few words. It seems there is some unanimity and some good work has been done by our government. Hopefully this bill can be sent to committee for study by the learned members that have the honour and privilege of sitting on the justice committee here in Parliament.

It is, as always, great to see everyone this afternoon. I hope everyone is doing well, and that their loved ones at home are doing likewise.

I am here today to discuss a matter of crucial importance to our judicial system. The Canadian judiciary has a solid reputation and has long been respected here at home and abroad, which is one reason it enjoys the confidence of Canadians and the admiration of societies the world over.

There is a reason for that. Our judicial system is strong. It has been reinforced and improved continually over time thanks to the decisions rendered and measures taken by the people who make the system tick. Our system gets better and better because of the skill and hard work Canadian judges bring to every case, along with their unimpeachable character and exemplary conduct.

This is why allegations of misconduct against a judge can have such a corrosive effect on the bright enamel of our justice system. While these allegations are rare, they are highly significant for the judges and the individuals concerned, and they have deeper importance for public trust in the integrity of justice. It is critical that the public have confidence in a system for investigating judicial misconduct allegations that is scrupulously fair, effective and, most important of all, guided by the public interest at its heart.

The minister and the parliamentary secretary have eloquently provided context for Bill C-9, as well as presented its key features. To complement this, I wish to focus on the theme of accountability. In the context of judicial conduct reform, this concept has three important dimensions: First, there is accountability as applied the public. Second, there is the accountability of judges. Third, there is financial accountability. I will briefly touch on each.

As I have already said, public confidence in the justice system is critical. The law and the administration of justice exist to serve the public. The bill before us today is intended to strengthen that trust through a more robust mechanism for dealing with complaints against members of the judiciary. This mechanism will also ensure greater transparency and greater public participation.

Furthermore, the reforms in question were developed following extensive consultations. This inclusive approach, involving members of the Canadian public as well as academic experts, legal professionals, the Canadian Judicial Council and the Canadian Superior Court Judges Association, underscores the government's commitment to strengthening public trust.

The consultations also revealed a strong public interest in a more transparent and accessible judicial disciplinary process, with increased participation from representatives of the general public who are not legal professionals.

Bill C-9 codifies a space for public representatives as part of the judicial conduct complaint review process. Whereas the existing model can be rigid and opaque, the proposed reform would inject responsiveness and transparency. Following the reforms contained in this bill, a panel made up of both public and judicial representatives would review all allegations of judicial misconduct that are deemed worthy of investigation. These panels would consider complaints through written submissions and be authorized to prescribe remedies short of removal from office where this is appropriate. Remedies could take the form of mandatory education or training, formal reprimands or the issuance of an apology. In this way, representatives of the public would be directly involved in ensuring the fairness and integrity of judicial conduct investigations.

The new regime would also require that a representative of the public serve on panels holding the most serious hearings, those that may culminate in a recommendation of removal from office. This properly reflects the fact that the public's wisdom, as well as its best interests, should feature centrally in addressing the most serious allegations against a judge. I have no doubt that this measure would enrich the quality and integrity of those hearings, just as it would provide an appropriate mechanism of transparency and public participation.

I will now turn to the issue of judicial accountability. Judges are the faces of the justice system. Their decisions and conduct make the law tangible, not only to those who appear in proceedings before them but also to the broader public as well. The extent to which the administration of justice is determined by the degree of confidence in those who make it work, judges included. Consequently, the conduct of judges is rightly scrutinized more closely and more critically than that of perhaps any other professionals.

Upholding this high standard relies on the integrity of the individual judges, as well as on the effectiveness of the system designed to address complaints. As I alluded to previously, in the context of public participation, a key indicator of the trustworthiness of a mechanism is its responsiveness. Currently, the Judges Act only empowers an inquiry by the Canadian Judicial Council to consider removal of a judge from office. This blunt approach is both too restrictive and too broad. Where the conduct at issue fails to meet the high threshold for judicial removal, public confidence is undermined by the absence of appropriate remedies for conduct that may nonetheless raise reasonable concerns.

Conversely, there is the risk that a lack of remedial alternatives causes lesser misconduct to be addressed through the full force of a public inquiry.

A more nuanced approach will help to meaningfully address a greater variety of allegations of misconduct in a way that will be both more efficient and cost-effective. The bill includes new opportunities for early resolution and for adapting procedures based on the seriousness of the allegations in question. This capacity to adapt strengthens the trust in the process and supports the integrity of the judiciary. We guarantee that every case of misconduct can be properly sanctioned and that no judge will fall through the cracks or be subject to procedures that seem disproportionate in the circumstances.

The responsibilities introduced by the bill are complemented by the accountability with respect to the funding of the process. More specifically, the legislation sets out a more stable funding mechanism, as well as protection measures and additional controls that will guide the use of public funds.

As such, the Canadian Judicial Council will be able to carry out its mandate to investigate allegations of judicial misconduct, a mandate that stems from the constitutional principle of judicial independence. Currently, the efficacy of the funding is compromised by the fact that the usual mechanism for obtaining funding simply does not meet the unusual needs related to the process.

Bill C-9 proposes a new funding mechanism that would actually separate the cost of the process into two components. The investigations will be paid for out of non-discretionary funds and the amounts required for fair and robust hearings will be paid directly out of the Consolidated Revenue Fund.

Expenses paid out of the Consolidated Revenue Fund will now be more transparent and stable thanks to three main measures. First, a regulation will be adopted under clause 144 of the bill to limit the number of lawyers participating in the process who can charge for their services. Second, under clause 145, the policies for the regulation of other process-related expenses will be developed by the Commissioner for Federal Judicial Affairs, whose office provides key operational support to the Canadian Judicial Council and is ultimately responsible for all the costs of the process.

Judicial conduct review mechanisms generally receive broad attention only on those rare occasions when high profile allegations of judicial misconduct focus the public's mind on them.

[Pride Season, June 14th, 2022]

Mr. Speaker, no matter the age, rainbows are a symbol of hope, peace, equality, luck and new beginnings, and throughout Pride Season, we see the rainbow flag proudly displayed across Canada, because Pride is a time to celebrate our differences and, yes, support one another.

This Pride Season, we join the LGBTQ+ community across Canada. We acknowledge their history, the hardships they have endured and the progress that has been made while recommitting ourselves to continue building more inclusive communities where everyone is free to be who they are and love whom they love.

This evening, youth from across the 905 region will come together to celebrate Pride Season in a conversation with our Minister of Tourism, and after a two-year hiatus, this Saturday, June 18, residents across York Region will join York Pride to celebrate Pride on the Riverwalk and walk the York Pride dream. I hope to see members there.

Happy Pride Season, everyone. Love is love.

[Criminal Code, June 9th, 2022]

Mr. Speaker, it is a pleasure to rise to speak to Bill S-206, an act to amend the Criminal Code on disclosure of information by jurors.

Bill S-206 proposes an amendment that seeks to help jurors who face mental health challenges flowing from fulfilling their civic duty and after completion of a jury trial. It proposes to do so by adding an exception to the offence of disclosure of jury proceedings under section 649 of the Criminal Code.

The substance of this legislation is short and straightforward and I believe is targeting an important issue deserving of our attention. Indeed, when we situate the bill in the present context of the ongoing COVID‑19 pandemic, we can all understand the importance of supporting the well-being and mental health of Canadians, and particularly those who participate in the justice system.

We know the pandemic has affected the mental health of Canadians. According to the Public Health Agency of Canada, almost half of all Canadians have reported that their mental health has worsened since the beginning of the pandemic. A Statistics Canada survey on COVID‑19 and mental health in September 2021 indicated that one in four Canadians, or 25%, age 18 and older screened positive for symptoms of depression, anxiety or post-traumatic stress disorder in the spring of 2021, up from one in five, or 21%, in the fall of 2020.

A more recent study in January 2022, from the Angus Reid Institute, found that the population is largely fatigued, frustrated and anxious, with one in three Canadians, or 36%, stating they are struggling with their mental health. According to this study, this represents an increase from the one-quarter who responded in November 2021, prior to omicron becoming the dominant COVID‑19 variant in Canada.

Canadians across the country who are experiencing mental health difficulties are the very same population called upon for jury duty by way of provincial and territorial legislative processes governing the criteria with respect to who may serve and be summoned as a juror. I am very pleased that the government is committed to supporting Canadians and their mental health through the COVID‑19 pandemic and beyond, such as through its record of investing millions into mental health and distress centres.

Thanks to the previous work undertaken by the members of the Standing Committee on Justice and Human Rights to study counselling and mental health supports for jurors, we have a better understanding of the experience of Canadians who serve on juries and the potentially long-lasting impacts of such service. The committee's May 2018 report entitled “Improving Support for Jurors in Canada” documented that many former jurors described their jury duty experience as positive. However, the report also includes testimony from jurors who served on difficult and unfortunately disturbing criminal cases ended up encountering much mental health distress and suffering, and in some instances even reported post-traumatic stress disorder following their service. It is conceivable that jury duty during any pandemic could give rise to additional stresses and strains on an individual, for example, concerns over their safety and physical-distancing requirements being respected at all times.

I believe that if serving on a jury creates a need for mental health supports, then there should not be barriers for those who must access them. Bill S-206 proposes to amend section 649 of the Criminal Code by adding a narrow exception to the offence prohibiting jurors from disclosing information otherwise disclosed in open court to enable them to share this information in the course of receiving mental health treatment from a health care professional.

While the purpose of section 649 of the Criminal Code is to protect the integrity of the jury deliberation process, the offence has been identified as posing a barrier for jurors in accessing mental health supports by former jurors and in the report of the House of Commons Standing Committee on Justice and Human Rights. The amendment proposed in Bill S-206 would address recommendation 4 of the report of the standing committee, which proposes that there may be a more lenient secrecy rule for jury deliberations. The committee's recommendations were unanimously supported.

I certainly support the recommendation and I support this bill. For instance, former Bill C-417 in 2019 unanimously passed in the House of Commons following the adoption of amendments by the Standing Committee on Justice and Human Rights.

I call on all members to support Bill S-206 because it would allow former jurors to be freer in expressing their thoughts and feelings to a health care professional on matters that may have deeply disturbed or upset them or caused significant stress during their service as a juror.

It is a remarkable aspect of our justice system that jurors across the country and in countless courtrooms meet the challenges of jury duty, and so it only makes sense that they would be able to receive the support they need to return to their lives afterward. I am pleased that the government expressed its support for former Bill C-417 and is now in support of Bill S-206. The government has introduced, and Parliament has enacted, a number of changes to improve the jury regime in the Criminal Code.

For example, the Government of Canada introduced legislation that was passed by Parliament in 2019, former Bill C-75, which included several Criminal Code amendments to improve the in court jury selection process. These amendments abolished peremptory challenges, which have been linked to discriminatory application to exclude potential jurors from jury duty; simplified and strengthened the challenge for cause process; modernized the grounds for such challenges; and clarified the power of judges to stand aside jurors to maintain public confidence in the administration of justice.

More recently, on February 8, 2022, the government introduced Senate legislation to help address the challenges faced by criminal courts caused or exacerbated by the COVID-19 pandemic. Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts relating to the COVID-19 response and other measures, includes proposed amendments that would, among other things, increase the use of technology in the jury selection process, including allowing prospective jurors to participate by video conference where the court considers it appropriate and with the consent of the prosecutor and the accused.

The pandemic and the resulting public health guidelines for physical distancing have made it especially challenging for courts to conduct jury selection proceedings, as these proceedings can sometimes involve several hundreds of people being physically present in the same location at the same time.

The amendments proposed in Bill S-4 would help provide courts with greater flexibility in how jury selection processes are held, and it may serve to be a useful tool in accommodating prospective jurors who have been summoned to participate in the selection process.

Our government is proud to support this bill, as it recognizes the vital role and dedicated service of jurors in the Canadian justice system. As we bring the justice system into the 21st century, we will work to ensure jurors can be better supported in their roles in addition to facilitating the sharing of best practices between jurisdictions.

I want to take a moment to commend my colleagues on the justice and human rights committee for working collaboratively to study and pass this important bill. It is an example of the progress we can achieve when we work together, across party lines, to support all Canadians.

[Budget Implementation Act, 2022, No. 1, June 8th, 2022]

Madam Speaker, on the situation with housing affordability in Canada, we need more housing supply. The plan we have put forward is a holistic plan. It is a plan that will need collaboration with provinces municipalities and regions to increase housing supply. It is a plan that targets the froth in the housing market with banning foreign purchases, the anti-flipping measures that we have put in place, and the $4-billion home accelerator fund. We have put in place a lot of measures in the BIA, including the measure the member talked about, to allow first-time homebuyers to actually save.

If someone is a young, downtown professional and they need to save for a first home, this is going to be a great measure and great vehicle for them to do that. This is much like the tax-free savings accounts, which millions of people have used year after year. This is going to be another measure for Canadians to utilize and leverage, and I am so happy to see it in Bill C-19.

[Budget Implementation Act, 2022, No. 1, June 8th, 2022]

Madam Speaker, dental care was actually mentioned in the prior throne speech. It has always been a priority of our government to help all Canadians, middle-class Canadians and those who are vulnerable, who do not have access to certain services. On this dental care program we are rolling out, I am glad to see we are working together with other parties to get things done for Canadians so we can leave a better future for all Canadians, and that is what we will continue to do.

As well, I love the province of British Columbia. It is my home province, where I was born and raised.

[Budget Implementation Act, 2022, No. 1, June 8th, 2022]

Madam Speaker, we need to put the early learning and child care system in place and sign agreements with every single province and territory. We need to make sure it is affordable and accessible, and that we hit the target within each individual province that signed. With the Province of Ontario, we got to $10-a-day day care. My understanding is now, after the provincial election here in the province of Ontario, the Government of Ontario will be implementing that accord. It is a very detailed accord from what I understand. We definitely do not want a two-tier system on day care.

[Budget Implementation Act, 2022, No. 1, June 8th, 2022]

Madam Speaker, it is a pleasure to be here with you and all of my colleagues this evening to debate Bill C-19.

I will be splitting my time with my colleague, the member for Kitchener Centre this evening.

It is a pleasure to be here this evening to reflect and offer a few thoughts on a piece of legislation that is important not only for those in the chamber but also for all Canadians, coast to coast to coast. It is important in the fact that I, like many of my colleagues here, have children at home, or grandchildren for that matter, and everything we do, as legislators and as members of Parliament, should be through the lens of ensuring that we leave a strong economy and a clean and healthy environment for our children and grandchildren.

I do have some thoughts on where we are in Canada and in the world, and where we are with the economy today. Bill C-19 would continue to put us on a path for strong economic growth, good jobs and employment prospects for Canadians. We would also ensure we are leaving behind a very healthy and clean environment, including reaching our net-zero goals by 2050 and the interim targets which were defined and which we became accountable for through Bill C-12.

As we look at the Canadian economy, with an unemployment rate of 5.2%, we, as a country, through the hard work of Canadians from coast to coast to coast, have recovered 116% of the jobs to where to were pre-COVID. We are on the right path. Our AAA, the big A's and the small a's, for our credit ratings have both been affirmed by all three major agencies: DBRS Morningstar, S&P and Moody's. Our fiscal framework and the finances of this country are strong and continue to be guided by the Minister of Finance, who is doing an incredible job.

We know that in the world today, Canadian families are facing an affordability issue. We have inflation, and we know what has caused the inflation. We do know that COVID-19 has disrupted and continues to disrupt supply chains. Some of them have been fixed, and some of them will take longer. We know the barbaric, unprovoked invasion by the Russian Federation and President Putin into Ukraine has disrupted commodity markets, food markets and, obviously, energy security and affordability. We acknowledge that.

I see it when I go to the grocery store. My wife sees it when she goes to the grocery store to shop for our three children. It is a conversation at home. We all know it. We must be steadfast and resolute as a government to maintain the backs of Canadians as we move forward through this environment, and as we move forward ensuring that Canadians have the resources they need for them and their families.

We can look at our measures for affordability over the years. We have Bill C-19 and the BIA, as well as bills on past budget measures that we have implemented. We can think about the Canada child benefit being indexed, which benefits more than 9 out of 10 Canadian families. It is literally thousands of dollars, tax free, arriving monthly to Canadian families. We can think about the Canada workers benefit, something I have championed day after day, literally helping millions of Canadians and lower-income workers. We can think about early learning and child care plan we have put in place with all provinces and territories. It is something we said we would do. It is a promise made and a promise kept.

My family is going to be putting our almost eight-month-old daughter into day care in the fall. It is something we will see a benefit from. I know that in the province of Ontario, by the end of this year, December 31, we will see a 50% reduction in child care fees. For the area I represent, the York region, just on top of Toronto, this would represent a 50% reduction in child care fees. It would represent literally thousands of after-tax dollars to families in York region and in the city of Vaughan. That is something I applaud.

I am proud to be part of a government that signed on and collaborated with provinces and governments of all political stripes in the provinces. Unlike the Conservative Party of Canada, which wishes to tear up the early learning and child care agreements, we will maintain those agreements. We will continue to work with those provinces and territories across Canada to maintain these agreements because it is the right thing to do. We will not buy into the gimmicks offered by the Conservative Party of Canada when it comes to affordability.

Our seniors will receive a 10% increase in their old age security in July. That is roughly $800 a year, which will continue to be indexed, for roughly 3.5 million seniors. Again, that is a promise made and a promise kept by this government. I look forward to seeing our senior groups over the summer at the bocce courts, picnics and gatherings.

In the city of Vaughan, we have such a vibrant senior population. I love my seniors. They built this country, and they built the community. Many of them immigrated here with very little education and very little money. They came through Pier 21. They never complained. They worked hard. They saved, and they created a better future for themselves and their families. I just love and applaud them. They have my utmost respect as an individual and as a parliamentarian.

We have committed to dental care, and that is something that I have a very granular story on. A senior came into my office and said she needed help with her dental care. She had an infection. We sent her to York Region where there is a program to assist low-income seniors. Something like that for a senior who is on a very minimal income can really bankrupt them. It could really set a person back.

We cannot have that in our country. We cannot have that in modern-day Canada. That is why we have committed to ensuring that Canadians from coast to coast to coast, such as young children, seniors and all Canadians, will have some sort of coverage or insurance through a $5.3-billion dental care plan that will ensure vulnerable Canadians do not have an issue with getting dental care. The BIA and Bill C-19 really invest in growth, in people and in the green transition.

Of course, I would be remiss if I did not talk about the tradespeople who build this country from coast to coast to coast. My father was a tradesman. He was a carpenter, a labourer, a sheet-metal worker and a roofer. I remember working on weekends with him, when we would do odd jobs for our neighbours and friends, and that was something that taught me the values of hard work, sacrifice and putting aside that dollar, and I see that in our budget.

We came through on a promise made and kept on a labour and mobility tax deduction for tradespeople. Obviously, they have to fit the criteria. This would be $4,000, and it would be a deduction and not a credit. A deduction is very powerful. It would allow tradespeople to move from one jurisdiction to another jurisdiction and cover those expenses, which is something I know the Canadian Building Trades Union, LiUNA and the carpenters have advocated for.

I mention those two organizations because both of their training facilities are located in the city of Vaughan in my riding of Vaughan—Woodbridge. I meet with those members, and those are the folks who every day, rain, shine or sleet, warm or cold, get up to build our communities and build our critical infrastructure. They are great people.

We need more of those apprenticeships, and when we talk about apprenticeships, our government rolled out a program called the UTIP, the union training and innovation program.

We have committed another $80 million, which is within Bill C-19, to ensure we train literally thousands and thousands more apprentices. I went on a visit to a carpenters union, and I was looking at CCAT. They had their apprentices there, and they were high school students. They were being funded through this UTIP program. It was so great to see these young folks so excited about their futures and so excited about what they are going to do in this country, building the homes and the infrastructure for tomorrow.

The same thing takes place, whether it is at the LiUNA 506 training facility in York Region or LiUNA 183's training facility, with the operating engineers, the painters, and the HVAC and the electrical workers. The same thing takes place, and we are partnering with all of these organizations.

Members will remember that the Conservative Party from prior years attacked private sector unions with Bill C-525 and Bill C-377. The first thing we did in 2015 and 2016 was repeal those bills. We will always stand beside working Canadians, and we will always stand beside those tradespeople who go to work every day to maintain and build and repair our critical infrastructure.

When it comes to homes, I have spoken before about them in the House. I am blessed to live in a very entrepreneurial area. I have to hand it to the entrepreneurs in my area. The Mayor of Vaughan, the hon. Maurizio Bevilacqua, was a member of Parliament for many years. He committed to raising $250 million for our hospital, so this city of 330,000 people has the spirit of generosity.

We, the city of Vaughan and the entrepreneurs, hit the target of $250 million last week. I applaud them. They are entrepreneurs who have taken risks, invested, made money and contributed to their hospital. With that—

[Filipino Heritage Month, June 8th, 2022]

Mr. Speaker, mabuhay. Maligayang Buwan ng Pamanang Pilipino.

For decades, Filipino Canadians have contributed to the social and economic fabric of Canada, and throughout June we recognize their achievements and show our appreciation for this growing community. Among Vaughan's outstanding Filipino organizations actively building a more inclusive Canada are the Filipino-Canadian Association of Vaughan, founded in 1990 by Antonio and Erlinda Insigne, which will be celebrating its fifth annual Vaughan Fiesta Extravaganza this July 2-3; MCBN's Pinoy Radio, led by Von Canton, a great friend, keeping the community across Canada informed and connected; and the Filipino Seniors Club of Vaughan, offering regular cultural and educational activities to seniors.

For 26 years, the City of Vaughan has been a proud sister city of Baguio, Philippines, and it is home to more than 15,000 hard-working Filipinos, who are enriching our community every day.

I want to say maraming salamat to all Filipino Canadians, who embody the values of perseverance, selflessness and hard work, and wish them a happy Filipino Heritage Month.

[Business of Supply, June 7th, 2022]

Mr. Speaker, I also read a report. I think it was from the IAEA, if I have the acronym correct, and there is a chart in it showing the cumulative greenhouse gas emissions and greenhouse gas emissions over time. That chart is very startling.

I agree with the hon. member that this is about our children's future. This is a global issue. Canada needs to lead on it, but we also need to know and also need to understand that this is a transition in place and that we need to ensure that energy security is there for citizens across the world, along with energy affordability. Also, we need to decarbonize. That has to be our priority.

[Business of Supply, June 7th, 2022]

Mr. Speaker, as a government and as a society, we always must monitor any anti-competitive practices that are being put in place or practised by whichever sector of the economy where they are in place. It was great to see a number of measures in budget 2022 that are aimed at strengthening the Competition Act and giving more teeth and more resources to that entity.