44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 10:19:42 a.m.
- Watch
- Re: Bill S-4
Madam Speaker, we agree. We do not know why the government has taken so long to retable this bill, which was first introduced in the last Parliament, especially given the circumstances. We know there is a huge backlog in Canada's justice system. It is not a new issue.
As a means of addressing court backlogs, why did the government oppose recommendation 1 of the 2017 report of the House of Commons Standing Committee on Justice and Human Rights “Access to Justice Part 2: Legal Aid”, which called on the federal government to remove the legal aid funds currently included in the Canada social transfer in favour of a specific earmarked civil legal aid fund for provinces, administered under the Department of Justice Canada legal aid program?
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- Nov/24/22 10:19:57 a.m.
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- Re: Bill S-4
Madam Speaker, the member asked two questions and I will provide some detail on both.
Regarding legal aid and the financing of legal aid, we need to recognize that there are jurisdictional responsibilities at both the federal and the provincial level. In terms of legal aid, there is an obligation for the federal government to work with the different provincial jurisdictions. I do not know if that answer will satisfy the member, but that is the reality. There is a sense of obligation to work with the different provincial entities, and I just do not know the more detailed background work that has been done on that.
Regarding Bill S-4 and its predecessor as a piece of government legislation, the original legislation came out through the House of Commons. One of the ways we can ensure we get it passed is to have support, and the Senate has been fantastic in ensuring that we can have the legislation before us today. Hopefully we will be able to get it through even more quickly.
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- Nov/24/22 12:30:30 p.m.
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- Re: Bill S-4
Mr. Speaker, I had the opportunity to work with the hon. member across the way. I put this question to another member of the Liberal caucus in their response to this, but the member could not answer it. I know this member is a learned lawyer with a lot of experience. She spoke at length about how providing resources and materials to the justice system helps access the process of justice.
As a means of addressing the court backlogs, why did the government oppose recommendation 1 of the House of Commons Standing Committee on Justice and Human Rights, which called on the federal government to remove legal aid funds currently included in the Canada social transfer in favour of a specific earmarked civil legal aid fund for provinces administered under the Department of Justice Canada legal aid program?
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- Nov/24/22 1:57:28 p.m.
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- Re: Bill S-4
Uqaqtittiji, I just wanted to comment very quickly that, given that most Nunavut lawyers are legal aid lawyers, I feel that the MP for Edmonton Strathcona was perfectly in line when she made her intervention about legal aid lawyers.
I want to thank this member for her great speech focusing on Internet connectivity. Given that this bill will focus on only three specific areas for streamlining processes, can the member describe how maybe those concerns are actually not warranted, given that it is only going to be in so few circumstances?
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- Nov/24/22 1:58:18 p.m.
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- Re: Bill S-4
Mr. Speaker, the bill does not cover everything. That is another complaint from the Barreau du Québec: There should be an in-depth review of the criminal and penal system, rather than doing it bit by bit.
In the previous Parliament, the House considered Bill C‑23, which is a previous incarnation. Before that, there were bills C‑75 and C‑5. The Criminal Code is always reviewed piecemeal, turning it into a massive, inscrutable tome with sections that refer three sections ahead and eight sections back and a bunch of case law to help understand what is going on. It is impossible to make heads or tails of.
I agree wholeheartedly with the idea of a more comprehensive review of the Criminal Code. On the issue of connectivity, yes, adding more telecommunications may be a good idea, but it will not apply everywhere, unfortunately.
As for legal aid, even though it is not under federal jurisdiction, I think there is always room for discussion, because there are disparities between the provinces.
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- Nov/24/22 4:05:50 p.m.
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- Re: Bill S-4
Madam Speaker, this bill does take a number of positive steps, but I am curious as to why the government left out the recommendation from the justice committee's report on access to justice and legal aid. It called on the federal government to replace the legal aid funds currently included in the Canada social transfer with a specific earmarked legal aid fund for provinces, administered under the Department of Justice Canada's legal aid program. This would help with backlogs and access to justice.
Does the member support this recommendation, and does he agree that the government should have included this in Bill S-4?
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- Nov/24/22 4:06:36 p.m.
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- Re: Bill S-4
Madam Speaker, I do not know the details of that proposal, but I can tell the member generally that I am very supportive of more funding for legal aid. I was a lawyer in British Columbia, where legal aid was underfunded. It is so important to speed up the judicial process and make sure that justice is accessible to all people.
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