Marco Mendicino

[Anti-Semitism, May 10th, 2017]

Mr. Speaker, every year B'nai Brith publishes an audit on anti-Semitism that aspires to educate and reduce hatred toward the Jewish community in Canada.

Each year for the last 10 years, reports have shown that anti-Semitic groups are becoming increasingly common. In fact, there was an increase of 26% in 2016 compared to 2015.

We have to reverse this trend. Our government is committed to a safe and inclusive society where people of Jewish faith, and indeed all Canadians, can live free of intolerance. The annual audit is good work to advance this cause, and B'nai Brith should be commended for its work.

[Justice, May 4th, 2017]

Mr. Speaker, as I said, our government has taken significant steps to make the judicial appointments process transparent and accountable and to ensure that there is more diversity on the bench. That includes appointing four new judges in Quebec. Our government is very proud that 60% of the appointments are women. We are committed to continuing to strengthen our justice system, and that is good news for all members of the House.

[Justice, May 4th, 2017]

Mr. Speaker, our government has taken significant steps to ensure that the appointment process for judges is transparent and responsible and fosters more diversity, among other things. To date, the Minister of Justice has appointed 55 judges and 22 deputy judges across the country, including four new appointments in Quebec.

Our government is very proud of the fact that 60% of the judges appointed are women. That is up 35% compared to the previous government's record. We are committed to continuing to strengthen our judicial system. That is very good news for all members of the House.

[Criminal Code, May 3rd, 2017]

Mr. Speaker, it is a privilege to rise to speak to Bill C-305, an act to amend the Criminal Code (mischief) as reported back to the House of Commons with amendments.

I want to begin by commending the sponsor of the bill, my colleague, the hon. member for Nepean. I also want to take a moment to thank the members of the Standing Committee on Justice and Human Rights for their dedicated work. I also want to commend the hon. member for Esquimalt—Saanich—Sooke for all of his passionate advocacy over the years for the LGBTQQ community, and in particular for the transgender community, without which I do not believe we would be at this historical moment.

Allow me first to set the bill in the context of recent past events. As has been mentioned recently in the House, in January of this year, six people were murdered in a Quebec City mosque, an event that shocked and appalled the nation. In Ottawa there has been a troubling spike in the incidents of hate graffiti on synagogues over the past several months. Such incidents should cause us as legislators to consider how we wish to confront and prevent the commission of hate crimes in our society.

Bill C-305 is an important response to strengthen the ability of the criminal law to adequately denounce and deter hate crimes. It proposes to expand the scope of the current hate-motivated mischief offence now found in subsection 430(4.1) of the Criminal Code. That provision, entitled “Mischief relating to religious property”, currently prohibits mischief committed against buildings or structures primarily used for a religious purpose, such as a church, mosque, synagogue, or cemetery. The offence must be committed out of hatred, prejudice, or bias based on religion, race, colour, or national or ethnic origin.

The current provision carries a maximum punishment of 10 years of imprisonment when prosecuted by indictment and a maximum penalty of 18 months in jail when prosecuted by way of a summary conviction.

The Criminal Code presently has a sentencing provision to address hate crimes. Subparagraph 718.2(a)(i) of the code requires a judge to take into consideration as an aggravating factor for any crime whether the crime was motivated by bias, prejudice, or hatred. This is based on a non-exhaustive list of criteria, including religion, race, colour, national or ethnic origin, mental or physical disability, sex, sexual orientation, or any other similar factor.

Some may argue that given these existing provisions, there is no need to expand the offence of hate-motivated mischief any further, since what is not caught by current subsection 430(4.1) would be addressed at the sentencing stage when the judge must take into consideration whether the offence was motivated by hatred. However, I believe this is an overly narrow interpretation of the law as it stands, and we have an opportunity as legislators to address this.

I acknowledge that judges may rely on the existing sentencing provisions to account for hateful motivation, but I believe that by expanding the actual offence of hate-motivated mischief, we have an opportunity to send a strong message of condemnation to those who would commit such crimes.

Denunciation of this type of offence is not merely symbolic. Hate-motivated mischief carries a heavier maximum penalty on summary conviction than the general offence. In addition, by showing leadership on this troubling issue, we stand to raise public awareness in a real and impactful way.

As a result, while some may perceive a redundancy, others will recognize the benefit of providing a broader range of tools to our police, prosecutors, and other criminal justice professionals and, I would add, justice for victims of this particular type of crime.

I will now address the specific changes proposed in Bill C-305 as well as the amendments passed by the Standing Committee on Justice and Human Rights.

As I noted earlier, the existing offence under subsection 430(4.1) of the code applies only to mischief committed against religious property. While this is one category of property that deserves special recognition, I believe that a broader diversity of Canadians stand to benefit from an expanded application of this section.

Bill C-305 addresses this issue head-on by amending the current hate-motivated mischief offence in two ways. First, the bill proposes to include new buildings or parts of buildings primarily used as educational institutions, including a school, day care centre, or college or university; used for administrative, social, cultural, or sports events or activities, including a town hall, community centre, playground, or arena; or used as a seniors residence.

Upon passage of this bill, therefore, vandalism committed against a Jewish or Muslim community centre would be caught by the expanded hate crime mischief offence and not just vandalism committed against a synagogue or a mosque.

I should note that a major concern for our government was expressed during the debate at second reading. The concern was that the definition of property that it proposed to add to the current offence was overly broad. The list of new properties caught by the bill appeared to be much broader than we believe was intended. For instance, the bill would have likely covered privately owned sports stadiums, as well as any buildings used for social purposes. In other words, it would have covered buildings that have no real connection to groups that are historically targeted by hate-based mischief. As a result, the government felt this aspect of the bill reached too far.

I am pleased to say that this issue was addressed by the standing committee during its study of the bill. Specifically, amendments passed by the committee require a building or space to be “primarily used” by one of the groups protected by the bill. This helps maintain a rational connection between the hateful motivation and the building that is subject to the mischief.

The amendment will help to ensure that subsection 430(4.1) does not accidentally capture instances of mischief committed against property that is not actually connected with one of the protected groups.

The bill proposes to expand the list of “identifiable groups” that are covered by the mischief provision of the Criminal Code to make it more consistent with the groups set out in the section on hate propaganda offences.

The definition of “identifiable groups” for hate propaganda offences covers not only groups that are identifiable by colour, race, religion, and national or ethnic origin—the motivations currently set out for hate-based mischief—but also those identifiable by age, sex, sexual orientation, and mental or physical disability.

Bill C-305 seeks to eliminate that inconsistency by establishing a list of motivations for hate-based mischief that is similar to that set out in the definition of “identifiable groups” under the hate propaganda section of the Criminal Code. In other words, the motivations of age, sex, sexual orientation, and mental and physical disability would be added as motivations for hate-based mischief as soon as the bill is passed.

It is important to note that Bill C-305 proposes adding another item to the list of motivations for hate-based mischief that depends on the passage of Bill C-16 by both the House and the other place.

My colleagues may recall that Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, an act to amend the Canadian Human Rights Act and the Criminal Code, proposes adding gender identity and gender expression to the definition of “identifiable groups” for hate propaganda offences.

My colleagues will also recall that, although Bill C-305, as introduced at first reading, proposed adding gender identity to the list of motivations for hate-based mischief, gender identity was not addressed in the bill. The sponsor of the bill recognized that this was an oversight. The amendments proposed by the standing committee corrected that omission.

As a result, once Bill C-16 comes into force, an act of mischief committed against property primarily used by a group identifiable on the basis of its gender identity where the mischief was motivated by hatred based on gender identity would be caught by this expanded offence.

To summarize, Bill C-305 would expand the current hate crime of mischief to clearly denounce additional types of mischief motivated by hatred against certain historically marginalized groups. It would therefore provide additional tools to our criminal justice system to protect Canadians from hate-motivated crime.

I would once again like to thank the sponsor for his outstanding advocacy on this issue, as well as the standing committee for its excellent work on Bill C-305. I sincerely hope that the hon. members of this House continue to support Bill C-305 in order to more fully protect the diversity of communities in our Canadian society.

[Italian-Canadian Workers, May 3rd, 2017]

Mr. Speaker, today I rise to pay tribute to Italian-Canadian workers who were killed or injured at work during the last century. As the House already knows, Italian-Canadian labourers played a key role in building our country.

Unfortunately, thousands of Italian immigrants lost their lives while labouring in the most difficult conditions. This year we added another column to the memorial in my riding, honouring the fallen workers whose names are already etched in.

This monument reminds us of the many sacrifices made by the Italian-Canadian community here in Canada. I know all members in this House will join me in acknowledging their memory, and those who lost their lives building this country.

Grazie per il loro sacrificio.

[Justice, April 13th, 2017]

Mr. Speaker, I commend my hon. colleague across the aisle for introducing the legislation. Of course this government stands against the harvesting of organs. We look forward to studying the bill when it goes to committee, and receiving a report back.

[Justice, April 13th, 2017]

Mr. Speaker, I am very proud to say that the government is walking the walk on this side of the House when it comes to judicial appointments. Our government has implemented an open, transparent, and merit-based appointments process. Since being elected, we have appointed 51 judges, including 22 deputy judges, across the country. Under our merit-based appointments process, 60% of the judges named have been women. That is up 35% from the last government.

In addition, budget 2017 provides funding for 28 new judicial positions. We look forward to filling them with great dispatch.

[National Security and Intelligence Committee of Parliamentarians Act, March 20th, 2017]

Madam Speaker, I want to thank my hon. colleague for her comments this morning, as well as for her work on the Standing Committee on Public Safety and National Security. I had the honour of serving with her on that committee.

In the context of those deliberations on Bill C-22, I am proud of the work that the committee did to ensure there was a broad mandate for this committee of parliamentarians to investigate any matter of national security; to ensure there was robust access to disclosure, the absence of which would trigger the committee's opportunity to use the bully pulpit to hold the government to account; and to be sure there was an appropriate composition of this committee. There will be nine parliamentarians, which is an increase of nine from the number zero. Why do I say that? It is because for 10 years, on the subject of openness and transparency, the last government did nothing to significantly advance that matter. This government has taken concrete steps.

I wonder how the hon. member can reconcile this government's action with the absence of action from the last government.

[Justice, March 10th, 2017]

Mr. Speaker, the hon. member and I think every member of this House will join me in saying that murder and sexual assault crimes are wrong. This government is taking concrete steps to appoint judges in a very efficient manner. The hon. member will know that this is the product of a judicial appointments process, which has been renewed by this government.

We will continue to take recommendations from the judicial advisory committees that have been struck across this country. This will ensure that we have a criminal justice system that protects Canadians and will ensure that victims get the justice they deserve.

[Supreme Court Act, March 8th, 2017]

Madam Speaker, I am pleased to rise today to speak to Bill C-203, an act to amend the Supreme Court Act (understanding the official languages).

The purpose of this bill is to ensure that Supreme Court justices are able to understand both of Canada’s official languages, French and English, without the assistance of an interpreter. The bill proposes to amend the Supreme Court Act to make the capacity to understand both official languages an additional statutory requirement for eligibility for appointment to the court.

We believe in the purpose behind Bill C-203. The esteemed judges who serve on Canada’s Supreme Court, a national judicial institution and the highest appellate court in the land, should be functionally bilingual, so that litigants appearing before the court are able to use the official language of their choice. It is how best to achieve that laudable purpose which we are debating today.

Our government made it clear that we would only appoint Supreme Court justices who are functionally bilingual. The Liberal Party electoral platform of 2015 regarding Supreme Court appointments reads as follows, “We will ensure that all those appointed to the Supreme Court are functionally bilingual.”

This commitment is also clearly set out in the mandate letter of the Minister of Justice and Attorney General of Canada. In that letter, the Prime Minister indicated that it was imperative that the process of appointing Supreme Court Justices be transparent, inclusive and accountable to Canadians, and that those appointed to the Supreme Court be functionally bilingual.

What is more, our government publicly reaffirmed this position many times. I would like to emphasize that our commitment to that goal is not simply a matter of words. Our government has taken positive and concrete steps towards achieving that end. Following the Prime Minister's announcement in August 2016, this government established the independent advisory board for Supreme Court of Canada judicial appointments.

The Prime Minister gave that advisory board the mandate to make a list of three to five functionally bilingual candidates and asked it to submit the list for review in order to fill the vacancy left when Justice Cromwell retired.

Furthermore, enacting expeditiously upon the shortlist of potential candidates drawn up by the board, and in consultation with the Minister of Justice, the Prime Minister recommended for appointment to the court Justice Malcolm Rowe. Justice Rowe is not only a highly respected jurist, he is also, we are proud to emphasize, the first judge ever to be appointed from the province of Newfoundland and Labrador. As Justice Rowe demonstrated during his appearance before parliamentarians gathered at the law faculty of the University of Ottawa before he was sworn in, he is evidently functionally bilingual, thereby satisfying our government's selection criteria for this most important position.

This government's policy of appointing functionally bilingual judges to the Supreme Court will ensure in the future that eventually all of the nine judges on the court will be able to understand counsel pleading cases before them in the official language chosen by each party without the aid of an interpreter. To the extent that any of the current justices on the court, who were appointed before the new policy was put in place, are not yet functionally bilingual, I believe that all of the judges are personally committed to learning, achieving, and maintaining fluency in both official languages, and they have language training and resources available to assist them in that regard.

It is a constitutional right for everyone to use either English or French in hearings, pleadings, and any other process before federal courts established by Parliament, including the Supreme Court of Canada. The court makes every effort, as a federal judicial institution, to facilitate and encourage litigants and counsel to use either official language. Our government’s policy will enhance that institutional effort and responsibility by ensuring that, over time, all of the judges of the Court are functionally bilingual.

Indeed, the government intends to consider the place of functional bilingualism in the judicial appointments process more broadly in response to the recommendations of the Commissioner of Official Languages for federally appointed superior court judges. This is something the government will undertake in consultation with the provinces and territories as well as the provincial and territorial bar associations and the courts themselves.

In other words, the composition of the Supreme Court, including the eligibility requirements for appointment, may very well be constitutionally entrenched and thus beyond the reach of legislative measures enacted by Parliament acting alone.

Under the circumstances, to proceed with Bill C-203 at this time, in light of the evident constitutional concerns its enactment would raise, would be, in the government’s respectful view, unwise and ill-advised. If enacted, Bill C-203 would provoke needless controversy and very probably, protracted litigation.

It might also undermine the efforts this government has made, in consultation with this House and its committees, to advance the policy of functional bilingualism to which this government is committed.

I urge all members to support the government’s strategic approach and to take note of its commitment to applying this policy to future appointments. The government's approach will ensure the appointment of functionally bilingual candidates to the Supreme Court.