SoVote

Mrs. Julie Vignola (Beauport—Limoilou, BQ)

Jun/16/22 4:28:46 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I thank my colleague from Langley—Aldergrove for his speech. He was one of the first people to say hello and welcome me here when I was first elected back in 2019. I listened carefully and, from what I understand, Bill C‑9 is important to him and to everyone here, and we are debating it now because it is so important. What will it take to finally get this bill sent to committee so it can be studied and amended if necessary?

88 words

Mr. Tako Van Popta

Jun/16/22 4:29:29 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I would just underline that this is important legislation. This goes to the very foundation of what Canadian society is. We are a nation that is built on the rule of law. For us to feel that we need to hurry this very important piece of legislation through Parliament just because we are all in agreement is something I disagree with. I was ready to speak to Bill C-14 today. I did not realize that this was so important to the Liberal government that it wanted to have it on the agenda today. It was introduced months ago. Why was it not here earlier? Why are the Liberals now suggesting that we are the ones who are stalling things? This is important legislation. I want it to be fully debated.

133 words

Ms. Lori Idlout (Nunavut, NDP)

Jun/16/22 4:30:28 p.m.
Watch
Re: Bill C-9

Uqaqtittiji, the Canadian Judicial Council, which is comprised of chief and assistant chief justices, was doing consultations on this process as early as 2016. The Canadian Bar Association, responding to the council's consultations, in 2019 also talked about the importance of these processes being implemented. In a sense, this is not necessarily new legislation that is being considered. There was a previous bill that was already discussed. In effect, this is not brand new and it does not sound like it is a new initiative. I read in the mandate letter given to the minister that this needs to be a priority. Has the member read the mandate letter that initiates this process and that says having it completed is a priority?

123 words

Mr. Tako Van Popta

Jun/16/22 4:31:30 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I agree that this is a priority and I would like to thank the member for Nunavut for pointing that out. The Conservative caucus fully agrees that this is an urgent matter that needs to be discussed. I wish the government had put it on the legislative agenda earlier so that we would not be rushing it just before the summer break.

64 words

Hon. Kerry-Lynne Findlay (South Surrey—White Rock, CPC)

Jun/16/22 4:31:57 p.m.
Watch
Re: Bill C-9

Mr. Speaker, like some others in the House and like my colleague who was just speaking, I am a lawyer, and the practice of law has been a large part of my life. My son and two of my daughters followed me into the legal profession, and it is a source of pride to me as they pursue their professional careers. I continue to be grateful to have been appointed a Queen’s Counsel some 23 years ago, and to have been elected president of the B.C. branch of the Canadian Bar Association the year previous. I have a deep appreciation and passion for the law and its unbiased application. In the plainest of terms, Bill C-9 amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new streamlined process for reviewing allegations of misconduct that do not reach the threshold for a judge’s removal from office, and the process by which recommendations regarding removal from office can be made to the Minister of Justice. These provisions also apply to persons other than judges who are appointed under an act of Parliament to hold office during good behaviour. This bill was previously tabled in the Senate as Bill S-5 on May 25, 2021. The legislation before us is the result of consultations conducted by the federal government in 2016 on reforming this process. That is six years ago. It is incredibly important that the judicial system be just and fair, holding accountable those who are both behind and in front of the bench. Increasing public confidence in the judicial system, while ensuring the independence of the judiciary, is necessary for the foundations of our justice system to continue to function as intended. Many will recall that in response to comments from Justice Robin Camp at a sexual assault trial in 2014, former interim Conservative leader Rona Ambrose introduced a bill to require seminars on sexual assault be taken by federally appointed justices At the time, the Alberta Court of Appeal panel ruled that Justice Camp seemed not to understand laws on consent and an alleged rape victim’s sexual activity, and that his acquittal of the man may have been coloured by “sexual stereotypes and stereotypical myths, which have long since been discredited.” Justice Camp’s ruling was thrown out and a new trial date set. Justice Camp went on to resign from the bench in 2017, after the Canadian Judicial Council ruled he should be removed from office. Before this case, there were volumes of case law and newspaper columns about jurists who misapprehended sexual consent or post-assault behaviour, who then went on to preside in court and rule again on other such cases. An earlier version of the bill received royal assent on May 6, 2021. This bill can be viewed as an attempt to increase confidence in the judicial system, which had been shaken by the words and actions of Justice Camp and others. Fairly representing victims' rights is an integral aspect of the proper functioning of the judicial system. One important aspect of the court process is the submission of victim impact statements: written statements from a victim or victims that describe the physical or emotional harm, property damage or economic loss that the victim of an offence has suffered. Our courts take these statements into account when an offender is sentenced. This gives victims of crime a voice in the criminal justice system. The government has not been prioritizing victims' rights, and it is failing Canadians and the integrity of our judicial system as a result. Inexcusably, the role of the federal ombudsman for victims of crime has been vacant since October 1, 2021, with the justice minister’s office saying it will be filled “in due course.” The ombudsperson has a critical role in highlighting and reviewing systemic issues that negatively affect victims and emerging issues. This vacancy is simply unacceptable, and sends a message to survivors and Canadians alike that they will not necessarily be represented fairly in the justice system. Adding to concerns that victims of crime are not being heard is Parliament’s failure to complete a review of the Canadian Victims Bill of Rights. The review was supposed to happen in 2020. Canadians’ perspective of the judicial system reflects, in part, these failures. According to the Justice Canada studies, regardless of whether their cases did or did not go to trial, participants were asked to rate their level of confidence in the police, the court process and the criminal justice system in general. Few stated that they were very confident. Indeed, approximately two-thirds of the responders stated that they were not confident in the administration of justice in general. This data is not coincidental. It is imperative that our judiciary system continues to adapt to effectively represent Canadians fairly. A Department of Justice report stated that: For the 2016/2017 fiscal year, 42% of all sexual assault case decisions (levels 1, 2, and 3) in adult criminal court resulted in a finding of guilt. According to StatsCan, statistical evidence classified 14% of level 1 sexual assault incidents as unfounded in 2017. In comparison, the more serious levels of sexual and physical assault were classified as unfounded in only 9% of level 3 sexual assaults, 7% of level 2 sexual assaults, 3% of level 2 physical assaults and 1% of level 3 physical assaults. Why is there a difference? This bill would modify the existing judicial review process and allow for sanctions such as counselling, continuing education and reprimands. Improvements in the administration of justice will result. The bill states that the reasons a judge could be removed from office include: (a) infirmity; (b) misconduct; (c) failure in the due execution of judicial office; (d) the judge is in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of judicial office. In the case of a complaint that alleges sexual harassment or discrimination, it would not be dismissed. The full screening criteria would be published by the Canadian Judicial Council. The minister and Attorney General may request that the Canadian Judicial Council establish a full hearing panel to determine whether the removal of a judge from the office of a superior court is justified. The council would submit a report within three months after the end of each calendar year with respect to the number of complaints received and actions taken. This is a prudent measure that would ensure transparency and accountability from a senior group of jurists exercising quasi-constitutional duties. Such provisions in this bill would enhance and strengthen the Canadian legal system as a whole. As a former parliamentary secretary to the Minister of Justice, I welcome this legislation. Bill C-9 is a move in the right direction. It is not the end of the journey, but the start of the journey.

1182 words

All Topics

Hon. Rob Moore (Fundy Royal, CPC)

Jun/16/22 4:39:46 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I thank my hon. colleague for her contribution to the Standing Committee on Justice and Human Rights, when I served there with her. She certainly brings a wealth of experience to the House, and I appreciate her perspective on this bill. One of the things that has come up in the course of debate is why we are debating this bill today. I would like my hon. colleague's comment on two things. One, this bill was last introduced in October of last year, and my understanding is that the government controls the legislative agenda, so it was just brought forward for debate today. The other is whether she could comment on something I am concerned about, which is that the position for the ombudsman for victims of crime has been vacant for nine months. Does she think that should be addressed immediately?

145 words

All Topics

Hon. Kerry-Lynne Findlay

Jun/16/22 4:40:41 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I thank my hon. colleague for his vast contributions on the justice file in this place. He is very knowledgeable, and I certainly always appreciate our collaborations. The vacancy of the ombudsperson for victims of crime is actually appalling. This is such a crucial aspect of our judicial system and of confidence in that system being fair and just. I am sure there are many worthy candidates, and I am sure there have been many worthy applicants, which means the government simply has chosen not to move forward with that appointment. It should be done. It should be done quickly. It should have been done a long time ago, but I would love to see it done quickly for all victims in Canada.

125 words

All Topics

Ms. Lisa Marie Barron (Nanaimo—Ladysmith, NDP)

Jun/16/22 4:41:38 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I agree with much of what the member said in her intervention. Does the member agree we should be proceeding quickly with this relatively uncontroversial bill and getting it to committee to get the work going on this so the House can spend more time dealing with many other issues, such as the toxic drug supply that is seeing too many people dying every day, or the reforms to the justice system that would help eliminate systemic racism?

80 words

Hon. Kerry-Lynne Findlay

Jun/16/22 4:42:14 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I always love getting a question from someone representing Nanaimo—Ladysmith because I was born in Ladysmith and raised in Nanaimo. I love hearing from people from Vancouver Island, and I thank the member for standing today in the House. I agree that this bill seems to have widespread support, for which I am grateful. However, the management of the legislative calendar lies squarely with the government, and if the government felt this was as important a bill as I do, it should have been brought forward earlier for full debate and comment. Obviously, there are many people in the House who want to comment on this bill, give interventions and get the message out to the people they represent in Canada regarding why this bill and its passage will be beneficial to our administration of justice. Here we are shortly before the summer recess debating a bill that I support, but I would like to see a whole debate on it. Then we can move forward in due course.

173 words

Mr. Mark Gerretsen (Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate), Lib.)

Jun/16/22 4:43:32 p.m.
Watch
Re: Bill C-9

Mr. Speaker, going back to the question that was just asked and answered, the member suggested, and she is absolutely right, that the government sets the agenda. However, the opposition has tools that it should and can use from time to time to slow down legislation and the legislative process in here. My question to the member is very simple. Does she not think we would have been able to table this bill and start debating it sooner had the Conservatives not held bills up, such as Bill C-8, the fall economic statement, which they held up for five or six months in the House? If we had seen fewer partisan games to slow the process down, would we not have been able to deal with items like this sooner?

131 words

Hon. Kerry-Lynne Findlay

Jun/16/22 4:44:37 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I certainly do not feel the Conservatives need to take any lessons on partisanship in the House from that member in particular. The government seems to have fallen in love with closure and shortening debate. We do not agree with that. If it is something worth talking about, we want to talk about it.

56 words

Ms. Julie Dzerowicz (Davenport, Lib.)

Jun/16/22 4:45:08 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I will be sharing my time with the member for Saanich—Gulf Islands, a place I am hoping to visit sometime soon. It is always an absolute privilege for me to stand in this place and work for the people of Canada. That is certainly true today. I will also say that it is absolutely an honour for me to rise on behalf of the residents of my riding of Davenport to speak to Bill C-9, an act to amend the Judges Act and the Criminal Code. I always like beginning my speeches with a quick summary of what a bill proposes to do and some of the key changes that are being proposed. Then I go into a bit more detail in my main speech. Bill C-9 proposes amendments to the Judges Act to replace the process through which the Canadian Judicial Council reviews the conduct of federally appointed judges. It would establish a new process for reviewing allegations of misconduct that are not serious enough to warrant a judge's removal from office, and it would make changes to the process by which recommendations regarding removal from office can be made to the Minister of Justice. This new process would also apply to persons, other than judges, who are appointed under an act of Parliament to hold their office during good behaviour. The proposed amendments to the Judges Act would do the following. First, they would amend and streamline the process for more serious complaints, where removal from the bench could be an outcome. Second, they would address the current process' shortcomings by imposing mandatory sanctions on a judge when a complaint of misconduct is found to be justified but not serious enough to warrant removal from office. Such sanctions would include counselling, continuing education and reprimands. Third, they would require the Canadian Judicial Council to include in its annual public report the number of complaints received and how they were resolved. Indeed, Bill C-9 is unique. Let me provide a few more details about why, and at the same time elaborate on what Bill C-9 proposes to do. Canadian judges are rightly held in high regard not just in Canada, but around the world. Their decisions carry great weight for individuals appearing before them, whose lives are so directly and meaningfully affected, and for society as a whole. Canadians rightly expect much of judges: to make decisions that apply the law correctly and fairly, and to do so in a way that embodies unimpeachable character and meets the lofty standards to which judges are held. The confidence of the Canadian public in individual judges and the judiciary as a whole depends on it. We know that public confidence is well placed, but neither we as lawmakers nor Canadian society as a whole can become complacent. We all have a role to play to ensure that confidence in the judiciary continues to be merited. Part of that is making sure Canadians know there are avenues open to therm to make complaints about a judge's conduct and that appropriate recourses are available. For this reason, processes have been established that allow for such complaints about the conduct of individual judges. At the same time, judges must be able to respond to complaints and be assured that they will be treated fairly and in a way that is in keeping with their judicial independence. For this reason, the Canadian Judicial Council, comprising the most senior judges in Canada, was created and has the authority to manage the processes by which complaints about judges are investigated. Parliament also has a role to play. In 1971, Parliament established the Canadian Judicial Council and charged it with establishing and managing the process for investigating complaints against federally appointed judges. The legislative framework that Parliament set out for the judicial conduct process remains with us, largely unchanged, several decades later. Today, we have reached a unique point in history. We have before us the opportunity to build on Parliament's past work by modernizing the judicial conduct process, ensuring that it continues to reinforce public confidence. I urge every member of the House to seize this opportunity. The existing mechanisms used to review allegations of judicial misconduct are in urgent need of renewal. The current process was established more than 40 years ago. Since then, the administrative law landscape surrounding the process has changed. The values and standards that help shape expectations of judicial conduct have evolved too. The judicial conduct process, however, is largely the same. We know that it is out of date and that it demands reform. The Canadian Judicial Council, with its decades of experience running the judicial conduct process, has called for such reform. The council's chair, Chief Justice Wagner, had identified this as a priority from the beginning of his time in his role. At his welcome ceremony as a new chief justice of the Supreme Court of Canada in 2018, Chief Justice Wagner noted the need to modernize the mechanisms for addressing complaints regarding judicial conduct. Several recent judicial conduct cases have highlighted the importance of reform. They have shown us that under the current system, cases can be marked by exorbitant legal fees, lengthy delays and multiple inefficiencies. This is not a process that inspires abiding public confidence, but today, by supporting Bill C-9, we have a chance to fix this. Bill C-9 addresses the shortcomings of the current process and launches the long-awaited renewal of the judicial conduct process. The reforms proposed in Bill C-9 would make the process more efficient by, in part, preventing parties from seeking judicial review of decisions that are made during the judicial conduct process. This would reduce costs and prevent delays. The bill would also increase accountability by establishing a more robust role for the public in the process. The bill before us today proposes a set of carefully considered, well-informed and broadly supported reforms. These reforms come out of robust consultations and substantial engagement with the Canadian Judicial Council, which would remain responsible for carrying out the judicial conduct process, and with the Canadian Superior Courts Judges Association, which represents many of the federally appointed judges to whom the new regime may be applied. In June 2016, our federal government launched public consultations on modernizing the judicial conduct process. Over the following months, we were pleased to receive multiple submissions reflecting the importance that this process holds for the legal community and for Canadians as a whole. We heard from individuals and organizations who provided thoughtful comments on the existing process and suggested meaningful reforms. The Canadian Judicial Council and the Canadian Superior Courts Judges Association participated in these consultations, as did the Canadian Bar Association and the Federation of Law Societies of Canada and members of the general public. These consultations sent a clear message that there is broad support for the reform and modernization of many aspects of the judicial conduct process. The process should be more efficient and more transparent and should provide for greater public accountability. The reforms set out in Bill C-9 embrace this message, responding to the concerns expressed in the consultation process. Following the consultations, our government engaged closely with the council and the association on multiple occasions to develop and refine proposed reforms to the judicial conduct process. This close collaboration ensured that the reforms before us today are informed by the experiences of the people who work with the process directly, and the experiences and perspectives of Canadian judges themselves. In conclusion, Bill C-9 sets out the changes that are required to modernize and renew a process that is key to public confidence in the justice system. The proposed reforms before us today address a long-standing problem. They were carefully developed. They are widely supported. They reflect the experience, wisdom and knowledge of the judiciary itself. More importantly, they advance the best interests of Canadians who interact with our justice system. Fellow members, let us work together to strengthen and modernize the mechanisms for addressing complaints about the conduct of federally appointed judges, and reinforce and foster public confidence in our judiciary and our justice system. Let this bill and its passage mark an important point in the history of the judicial conduct process in Canada. I urge all members to join me today in supporting Bill C-9 and passing these long-awaited changes to the judicial conduct process.

1418 words

All Topics

Mr. Tako Van Popta (Langley—Aldergrove, CPC)

Jun/16/22 4:54:43 p.m.
Watch
Re: Bill C-9

Mr. Speaker, it is my understanding that Bill C-9 was first introduced and had its first reading on December 16, 2021, more than six months ago. Now here it is, just a couple of days before the summer break, and we the opposition are being urged to pass it without further debate. If the issues are so important, why was it not brought forward to the House of Commons earlier so that we could have a full debate without feeling rushed?

82 words

Ms. Julie Dzerowicz

Jun/16/22 4:55:23 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I think there are always competing demands for the time in this House. All of the legislation that is introduced at whatever point in time, whether it is two days before the summer break or two months before the summer break, is extraordinarily important. I do not think that any Canadian or anybody listening should consider this bill as less important because it was introduced just before summer break. It is something that has been studied for over seven years. It has been discussed widely. I think there is wide agreement with the changes that are being proposed. I hope the member will consider supporting this bill.

109 words

Mr. Luc Desilets (Rivière-des-Mille-Îles, BQ)

Jun/16/22 4:56:02 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I have a very simple question for my colleague from Davenport. How does she think we could speed up the process and get the bill passed? Everyone supports it.

31 words

Ms. Julie Dzerowicz

Jun/16/22 4:56:19 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I think that if the House were to ask for unanimous consent to pass this bill, we would be able to pass it very quickly.

27 words

Ms. Lori Idlout (Nunavut, NDP)

Jun/16/22 4:56:39 p.m.
Watch
Re: Bill C-9

Uqaqtittiji, does the member agree that there have already been a lot of consultations and there has already been a lot of public engagement warranting the quick passage of this bill?

31 words

All Topics

Ms. Julie Dzerowicz

Jun/16/22 4:57:02 p.m.
Watch
Re: Bill C-9

Mr. Speaker, I think there have been a lot of consultations. I listed a number of associations from the legal perspective, from the broader perspective and also from the general public that were invited to comment on the proposed legislation. I mentioned that this legislation, or the deliberations about updating or modernizing this approach, has been talked about for about seven years now. There has been a lot of opportunity for a lot of input. It was widespread. I have all the confidence that there has been a lot of opportunity for anybody who has wanted to provide input to have done so. I think it has been honourably encapsulated in the legislation we have proposed before the House.

119 words

All Topics

Mr. Mike Morrice (Kitchener Centre, GP)

Jun/16/22 4:57:57 p.m.
Watch
Re: Bill C-9

Mr. Speaker, it is clear there is widespread support in the chamber for this piece of legislation, and it has been suggested by some that the only reason it is still being debated is that there is some trading going on between parties. I know the member cares about the quality of the discourse in this place. Could she share her reflections on her aspirations and what it would take for this place to rise past more transactional politics and focus more fully on the most critical issues we face?

90 words

Ms. Julie Dzerowicz

Jun/16/22 4:58:32 p.m.
Watch
Re: Bill C-9

Mr. Speaker, the member is right. I do care about the discourse in this chamber. I think we are at our best when we share our best ideas in addressing the biggest challenges before Canadians. I think that is how we can best serve Canadians on all of the issues, challenges and opportunities that face Canadians today. I agree with him. I encourage all sides to constantly find ways to share our best ideas and work together so we can create an even better Canada.

85 words

SoVote

House Hansard - 90