44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 10:19:42 a.m.
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- 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 10:49:53 a.m.
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- Re: Bill S-4
Madam Speaker, we recognize that we must continually be looking for improvements to our system, but we also have to be steadfast in our concern about victims in our justice system. I will continue to bring that forward for this bill, for other government legislation, for private members' bills that we move forward and in response to the Supreme Court decisions that I made reference to.
We need to make sure victims are a focus, and what we are looking for in this particular legislation is a reference to victims. We want to hear from victims to make sure their interests are looked after.
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- Nov/24/22 10:51:25 a.m.
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- Re: Bill S-4
Madam Speaker, the hon. member is quite correct. I mentioned in my remarks that the evidence is coming in. Sometimes we do not know what we do not know, but now we know. We know that violent crime is up 32%. We know that the homicide rate in Canada has increased every year for the last three years and is at the highest level it has been since 2005. That would lead any logical person to conclude that what is happening right now is not working.
That is why I made reference to our need to refocus our justice system and realign it to protect communities, protect victims and support their families. We need to end this practice of a revolving door that puts offenders, without treatment and any acknowledgement that they have improved, right back on the streets to reoffend. That system is not working.
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- Nov/24/22 10:54:58 a.m.
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- Re: Bill S-4
Madam Speaker, I was listening to the great speech here, and my question is about timing. We have Canadians who have been waiting to access justice for too long, and now the Liberals, after so many years in government, have moved on this. It is unfair to expect families waiting for justice to wait until 2022, or the late stages of 2022, to access justice.
I would like the member to expand a bit on the view of these individuals and what it is like to be waiting that long to get justice.
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Madam Speaker, the hon. member has hit on a great point. We have all heard the expression “justice delayed is justice denied”, and in our country currently, under the Jordan principle, justice delayed can result in a case being completely thrown out. The Supreme Court has ruled that if a case is taking too long, charges have to be dropped against an offender.
That is why I call into question the government's narrative on the urgency of this. This bill, as I mentioned in my speech, was introduced originally as Bill C-23 a couple of years ago. What happened in the intervening time? An unnecessary election reset the clock, and here we are today studying Bill S-4.
The Conservatives support Bill S-4. There are some necessary improvements in there, but we need to maintain our focus on supporting victims and their families.
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- Nov/24/22 11:26:22 a.m.
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- Re: Bill S-4
Madam Speaker, there is a fundamental principle that justice delayed is justice denied. We have heard all the various ways in which our legal system is falling apart with backlogs. This bill addresses one administrative part, but I think about those who are awaiting trial in custody, being held on remand, and the great delay in the government's bringing this legislation back.
In particular, as a means of addressing court backlogs, why did the government oppose recommendation 1 of the House of Commons Standing Committee on Justice and Human Rights 2017 report on access to justice? Legal aid called on the government to remove legal aid funding currently included in the Canada social transfers in favour of a specific earmarked civil legal aid fund for provinces, to be administered under the Department of Justice.
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- Nov/24/22 11:33:55 a.m.
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- Re: Bill S-4
Madam Speaker, I rise on a point of order as well. It is interesting that the Liberals are intent on pivoting away from their many failures not only on access to justice—
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- Nov/24/22 11:34:36 a.m.
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- Re: Bill S-4
Absolutely, Madam Speaker.
We see how the Liberal government is refusing access to justice for Canadians.
Bill S-4 has some practical steps to ensure that my constituents would see a small step forward to be able to access the court system through things like video conference and whatnot. However, this is in the context of the larger trend where we have the Liberals more concerned about tanks on our streets than ensuring that Canadians have justice.
Somebody watching made the comment that we need time that fits the crime. We have a justice system, as is being highlighted by some of those who are commenting, where instead of prioritizing the rights of victims, in some cases those whom have seen absolutely devastating crimes, including sexual assault or a firearm being discharged with intent, the Liberals are eliminating sentences.
My constituents have made it very clear. The Liberals like to say that somehow we do not support justice or whatever the case is. There is one party in the House that stands up for victims, and that is the Conservative Party. That is increasingly clear, as we see the Liberals demand that somehow a soft-on-crime approach is a good way to stand up for victims of crime. That could not be further from the truth. We see a backlog within the court system that is leaving serious crimes without even seeing their day in court.
Imagine a victim, such as a senior in my constituency who came to me with respect to being held up at gunpoint. This was with an illegal gun, and it was not by a law-abiding firearms owner. That individual skipped bail, and in less than four hours they were back on the street. There were threats made against RCMP officers in my constituency, and we saw that within less than a day somebody who had threatened the life of an RCMP officer was back out on the street. This has a very significant correlation to the way that we have access to justice in this country.
I would suggest that the Liberals pay close attention, because there are many victims. These are not traditional Conservative supporters. I am not talking about just the folks I represent in rural Alberta. I am talking about folks from Liberal ridings who in some cases have reached out to Conservatives and said they are frustrated with that Liberal approach.
Somebody in the comments asked when the Prime Minister is going to resign. Certainly, I would have a whole host of constituents who would be very interested in finding the answer to that question.
Here is another example. Somebody on Facebook highlighted that the government spends more time persecuting law-abiding firearms owners than it does those who perpetrate serious crimes, including serious gun crimes. The hypocrisy that is demonstrated in that on a daily basis has contributed to that erosion of trust that is taking place within our system. This is something that I hope that the Liberals listen to very closely.
An erosion of trust is something that is very difficult to earn back. That is not something that is simply a platitude, a campaign-platform promise or whatever the case is. It takes time, it takes effort and it takes a demonstration. I have said this before in this place and I will say it again: If the Liberals are good at one thing it is politics, but when it comes to actually governing they fail each and every time.
In fact, I find it very interesting that, whether it be on the issues directly related to Bill S-4, which has a lot to do with access to the justice system and that sort of thing or the host of other concerns that MPs in this place hear on a regular basis, we see that over the past seven years the—
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- Nov/24/22 11:42:04 a.m.
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- Re: Bill S-4
Madam Speaker, let me take this opportunity to highlight that I find it really ironic that the so-called progressives in this place would be opposed, with the exception of the member from the NDP. I am certainly endeavouring to make this place more accessible to the people, using something like social media to ensure that could be the case. I find it very interesting that the members from the Liberal Party seem to be concerned that Canadians would know what is going on in this place. I will do everything I can to expose the Liberal management of government, whether it is its legislative agenda or whatever the case.
I happen to know a constituent who works with victims of crime a lot, and her name is Michelle Hauser. She just commented on this video, saying nobody feels safe. That encompasses much of the concern that many of my constituents are facing when it comes to the status of justice here in Canada. Law enforcement response times in rural communities are not only measured in hours but sometimes in days, and I am not talking about a minor infraction, that somebody jaywalked across a gravel road. I am talking about major crimes, robberies, assaults, things like that. Access to justice is fundamental to a modern, functioning democracy, and we see that being taken away.
The Liberals delayed for more than a year the appointment of the victims ombudsman. I am pleased there was an appointment made as it was absolutely necessary, but we see the soft-on-crime approach, where the public safety minister is more worried about bringing tanks to the streets of our capital city to shut down protesters the Liberals disagree with than ensuring that regular Canadians have access to the fundamental principles of justice, which I would hope every member of this place supports.
We see the necessity of law enforcement having the tools required to gather the evidence, to make sure there is time within our court system, so people can have their day in court, both for those accused of crimes and also to ensure victims have everything required so they can see justice done. If justice is not done, that erodes the confidence Canadians need to have, not just in the legal system proper but in every facet of government. If Canadians cannot feel safe in their own homes, that fundamentally erodes one of the very basic principles of what makes western democracy.
I speak with law enforcement often, whether it is the Mounties in my constituency who drive up and down the many thousands of kilometres in my riding or the Camrose Police Service, which does great work, and many of the officers do fantastic service to the community.
Some have come to me confidentially and said it is overwhelming for them. They will, in some cases, spend late nights burning the midnight oil after a long day of patrol or gathering information on investigations, and all of these sorts of things, yet when the case goes before a judge, it is simply tossed. Imagine how somebody in law enforcement would feel after spending days putting together a case, only to have it tossed out and the criminal back on the streets victimizing again. These are very serious things. I cannot emphasize that enough.
The revolving door of the justice system is a real concern. It is one thing for the system to ensure that those who are brought within it, having been accused of a crime, are not unnecessarily held up or anything like that. However, when those who have multiple arrest warrants are arrested again for something that may be unrelated or in another jurisdiction, and then all of a sudden they are back out on the streets again, we are talking about access to justice. For the many victims, the consequence is that their victimizers are once again out on the streets.
A comment from Lynn says, “No one should be above the law.”
I agree. No one should. That is a message the Prime Minister should take seriously. No one should be above the law, not one person, whether it is each and every one of the 338 of us in this place, or every single Canadian. The rule of law is at the very foundation of who we are as a democratic society. To see an erosion of that is absolutely devastating.
A question is asked by Shawna about how we address parole issues. It is a huge concern.
We occasionally hear the stories that grab a headline about some horrific crime that has been committed and that criminal who has been found guilty of that crime. Then there is a public outpouring that keeps that person behind bars, yet we see continually from the government a pursuit of an agenda that would lessen the ability to keep some of those serious criminals behind bars. That is relevant because it is victims who ultimately suffer.
We need to figure out a path forward so that serious sexual predators in the country face the consequences of their crimes.
That is essential for the safety of our society in general. Although it did not happen in my constituency, there is a very clear example. A young woman and her baby were killed. Her partner is from my constituency, so it hits really close to home. They were living next door to a sexual predator. They were murdered. It was a failure of the justice system.
Access to justice is fundamental and key. We are seeing it is being increasingly denied to Canadians.
I take that point about losing faith in the RCMP institution. There has been political interference in the largest mass shooting in Canadian history. The commissioner of the RCMP was facing political pressure from a minister to further the Liberals' political agenda.
We talk about access to justice. When we have the top brass of Canada's national law enforcement organization facing political pressure—
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- Nov/24/22 11:52:13 a.m.
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- Re: Bill S-4
Madam Speaker, I am happy to respond to that. When it comes to the administration of justice within my constituency, the RCMP members, the hard-working men and women who wear the Serge, are the ones facing the consequences of Liberal mismanagement. The reason it has such a close correlation to Bill S-4 before the House is because it is fundamentally associated with access to justice.
I talk about many of these things, and made it very clear in Facebook Live, and I have been happy to endeavour to expand Canadians' access to this place, as is fundamental. Democracy is not simply about election day, but each and every day in between. It certainly has been an interesting experiment. I found it interesting, but very disappointing, that members specifically of the Liberal Party would hate any attempt to be progressive in the ability of Canadians to access our democracy.
The rule of law is fundamental to a modern functioning democracy, and we are seeing an erosion of that. We need to prioritize access to justice in every way possible. In some ways that has to do with ensuring there are video conference options and that administrative details can be sorted out so there are no unnecessary delays.
Our Criminal Code was written by Prime Minister John Sparrow back in the 1800s, although it has been updated significantly since then over the course of our country's history. We need to ensure it is updated to ultimately ensure that Canadians have access to justice, that victims are protected and that those who commit crimes face the time that is due them.
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- Nov/24/22 12:01:54 p.m.
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- Re: Bill S-4
Mr. Speaker, as I very specifically highlighted within my speech, there is absolutely that need to the administration of justice, specifically when it comes to things like video conferencing and teleconferencing, and the inclusion of some of what seems like small administrative matters like fingerprinting.
I live in a rural constituency. It takes hours for the RCMP to respond. In some cases, I have constituents who live more than 100 kilometres from their nearest police detachment, in most cases RCMP. Therefore, access to justice is absolutely key and fundamental, and some of the small administrative changes that are being proposed in the bill are things I think most Canadians would suggest are common sense.
However, I want to highlight that the member said that serious crimes deserve the punishment. I would suggest that member take his message to his justice minister, because that is the opposite of what that Liberal Party is bringing forward with respect to policy.
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- Nov/24/22 12:03:00 p.m.
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- Re: Bill S-4
Mr. Speaker, I have heard the hon. member speak at length about the fundamental rights of Canadians, yet when it comes to people who are held on remand, who are charged but not yet convicted, would the hon. member not agree that improving the administration of justice to allow those people to have their day in court would also help protect their rights? I would like the member to even go a bit further, perhaps, and reflect on the notion that even when convicted, people in our country still maintain their civil rights?
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- Nov/24/22 12:03:38 p.m.
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- Re: Bill S-4
Mr. Speaker, again, rights should not be negotiable, certainly at the whim of a Prime Minister who seems to suggest they are.
The member made an interesting point. I certainly hear his frustration that when people are arrested for a serious crime, they are simply back out on the streets, sometimes a few hours later. In many cases, not just a handful of cases but through the personal testimony given to law enforcement officers, it revictimizes people once again.
We need a system that works. We need a system that ensures the presumption of innocence, so that people who have been alleged to have committed a crime have their day in court to ensure that all barriers are removed and that it can be done in a timely manner. As has been said, justice delayed is certainly not justice served.
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- Nov/24/22 12:14:58 p.m.
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- Re: Bill S-4
Mr. Speaker, first and foremost, I respect very much the work of my hon. colleague. We sit together at the OGGO committee, and I really enjoy working with him and collaborating on projects.
Bill S-4 would take concrete steps to make the Canadian justice system more participatory. It would remove many barriers. It would allow more rural, northern and remote communities to access and participate in Canada's justice system. It would allow more Canadians with disabilities to participate, for example, in the jury selection process. It would also allow a lot of parents, the moms and dads who face barriers in terms of child care, to participate in the Canadian justice system.
I can tell the member about our government's record and the historic investments in expanding broadband to rural and remote communities across Canada. We have put record amounts of funding through the universal broadband fund. These are exactly the types of measures and concrete steps we are putting forward to make sure that Canadians from coast to coast to coast, in urban areas and rural and remote areas, are able to fully participate in the life of our country, and that includes the Canadian justice system.
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- Nov/24/22 12:17:21 p.m.
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- Re: Bill S-4
Mr. Speaker, I appreciate the stated support for this important bill.
Certainly, this is about modernizing Canada's justice system. It is one step, but it is a concrete step. I know that my colleague would appreciate the fact that Bill S-4 was informed by dialogue between the federal government and the provinces and territories. Bill S-4 is a product of the Action Committee on Court Operations in Response to COVID-19, which was chaired by the justice minister and the chief justice. Collaboration and consultation are at the heart of this bill, and it is just one piece of the fuller modernization of the Canadian criminal justice system.
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- Nov/24/22 12:19:09 p.m.
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- Re: Bill S-4
Mr. Speaker, I am pleased to be speaking to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts at second reading today.
Bill S-4 would reform the Criminal Code and related acts in order to modernize the criminal justice system here in Canada. The bill seeks to provide courts with greater flexibility in the manner in which they conduct their business, while respecting the rights of all participants in our justice system. As a former litigator, I understand and truly believe in the importance of doing this. While I will detail some of the specific measures included in the bill in my speech today, I would like to take a moment to speak more broadly about why modernizing our justice system is so critical, particularly at this time.
Let us take, for example, gender-based violence. Gender-based violence is on the rise. Frontline organizations saw increases in gender-based violence of about 20% during the pandemic. Domestic violence, in particular, is on the rise. We are at the beginning of our 16 days of activism against gender-based violence. Access to justice is a critical piece of solving this puzzle. We have seen backlogs in the courts due to the pandemic. We have seen increases in the demand for our justice system and, in particular, for the time of our judges. Therefore, freeing up resources and ensuring that judges are available in the courts in order to do the work that Canadians need them to do is of fundamental importance in respect of gender-based violence and all forms of violence in this country. Bill S-4 would go a long way toward ensuring that our justice system is not only modernized but is in fact streamlined, and that additional resources are available for litigants who require them.
I will now speak more specifically to the telewarrant-related amendments of Bill S-4, which have been well received by many witnesses. Witnesses noted that these new provisions would simplify the warrant application process, improve access to judicial services and, very importantly, save police resources.
Under the current Criminal Code provisions on telewarrants, peace officers can apply for and obtain only certain investigative warrants by telephone or other means of telecommunication. The telewarrant regime was enacted in the Criminal Code in 1985, so it is time to reform that system.
It is important to remember that the telewarrant regime was established to provide law enforcement with greater access to judges for the purpose of obtaining search warrants. It was established to make it easier to meet some of the challenges associated with policing in a country so vast that the nearest courthouse can easily be 1,000 kilometres away.
The telewarrant provisions have been amended only occasionally since they were first enacted. For instance, they were amended in 1994 to allow for an applicant to request a search warrant by a means of telecommunication capable of rendering the communication in written form. The purpose at the time was to accommodate new forms of written communication, including the fax machine.
During the pandemic, the courts were able to rely on new technologies to reduce the health risks to those involved in the judicial system. This experience demonstrated the important role that technology can play in addressing challenges in the criminal justice system. Accordingly, the expansion of the telewarrant process would provide greater flexibility in how the courts and police can meet the requirements for obtaining investigative tools without having an impact on judicial protections that apply to the issuance of search warrants and other judicial authorizations.
Judges and justices of the peace will continue to rule on these matters in the manner they deem to be most appropriate. With this approach, we are modernizing our judicial system to make justice more efficient and freeing up time and resources for our judges and law enforcement.
Let us talk again about gender-based violence. We know that it is growing at a very alarming rate, and that access to justice is fundamental for women. We are embarking on the 16 days of activism against gender-based violence and we must make the necessary changes to our justice system to ensure better access to justice for all. That is fundamental.
The amendments to the telewarrant process address the following issues. First, the current telewarrant regime is available for only some warrants and investigative orders under the Criminal Code, such as a general warrant or a warrant to obtain blood samples in impaired driving cases. However, the telewarrant regime cannot be used for many common judicial authorizations sought by law enforcement, such as warrants to seize firearms, warrants for trafficking devices and orders to produce data.
In addition, at the present time, telewarrants, as opposed to warrants obtained by personal attendance, may be issued only in respect of indictable offences, and telewarrant applications may be made only to specially designated justices. Furthermore, while public officers responsible for enforcing federal statutes may apply for Criminal Code search warrants and other judicial authorizations, they can do so only by applying in person.
Given the limited scope of the telewarrant process, police officers spend countless hours on the road and waiting outside the office of the justice of the peace at the courthouse to get warrants that cannot currently be requested by a means of telecommunication.
Bill S-4 replaces the current provisions on telewarrants with a simplified, standardized process that will apply to a wide variety of search warrants, orders and investigative authorizations, while maintaining the protective measures for the issuance of judicial authorizations.
One key element of this new process is that where the search warrant application is submitted by means of a telecommunication that produces a writing, for example, an email, a peace officer will no longer be required to meet the existing precondition that is in place right now, that it has to be impracticable to appear in person.
The current in-person search warrant application process often involves hand delivery of applications by police officers at the courthouse, without even an interaction with a judge. By removing the impracticable appearance in person requirement, search warrant applications submitted in written form will be treated in the exact same way, whether they are submitted electronically or in person.
However, the police officer's ability to make an oral application for a search warrant by phone, for example, will be maintained in situations in which it is impracticable to present the application electronically, for example, where the officer is in a remote location with no Internet access. These changes to the current law on accessing telewarrant regimes promote the use of written applications as a standard approach to be followed by law enforcement when applying for their authorizations.
In closing, making it possible to obtain a wider variety of search warrants and other judicial authorizations through technological means will make the criminal justice system more effective by reducing the number of cases where law enforcement is required to obtain those judicial authorizations in person and to physically submit requests for search warrants.
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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 12:32:39 p.m.
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- Re: Bill S-4
Mr. Speaker, more needs to be done. I agree with my colleague. The question is whether the bill does enough. I think more could be done. As mentioned earlier, Bill S‑4 was introduced in the previous Parliament, and we are receiving it from the other place.
I believe it will improve access to justice and ease the burden on judges, which is good. Is that the end of the story? The answer is no. More needs to be done.
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- Nov/24/22 12:34:52 p.m.
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- Re: Bill S-4
Mr. Speaker, it is my privilege to speak to Bill S-4. I will be sharing my time with the hon. member for Tobique—Mactaquac. We are looking forward to hearing his comments as well.
As we all know, the goal of this bill is to increase the efficiency, the effectiveness and the accessibility of the criminal justice system in response to the challenges that we had with the COVID-19 pandemic, which has contributed to the enormous backlog that we have in the criminal justice system today.
The Conservatives have been raising concerns about delays and potential for criminals to simply walk free due to the Supreme Court's decision on Jordan. That decision said that no more than 18 months could pass between laying a charge and the end of a trial case in provincial courts or 30 months for cases in superior courts. We have seen a number of cases throughout Canada, provincially, certainly exceeding the 18 months over the last couple of years.
In the interest of serving justice, why would we not implement all the modern tools and resources at our disposal today to maximize productivity?
The resources being considered include amending the process for peace officers to apply and obtain a warrant using telecommunication rather than appear in person and expanding the ability to conduct fingerprinting of the accused at a later date, in exceptional circumstances, should fingerprinting not previously have been taken. The justice would have the discretion to determine what would be considered necessary in these circumstances.
Also being considered is expanding the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused who are not presented by counsel. We currently have a case in Saskatoon to which this certainly applies. Currently, this only applies to those represented by counsel.
Also being considered is expanding the ability for the accused and offenders to appear remotely by audio conference or even video conference in certain circumstances and the allowing of the participation of prospective jurors in the jury selection process by video conference if deemed appropriate and if the prosecutor and the accused consent, as well as using electronic and automatic means to select jurors.
Some of these modernizations are beneficial from both a safety and a financial perspective. For example, participating virtually would cut down on the transportation time and the cost and the resources needed to transport and protect the accused.
As we know, transportation costs are skyrocketing, it seems like every day. We all know that. It is not an insignificant consideration, considering the price of diesel and gas, especially in remote and northern communities.
The federal ombudsman for victims of crime has also raised a number of concerns regarding the impact of COVID-19 on the justice system, which must be carefully weighed in the consideration of Bill S-4.
The ombudsman pointed out that accessing justice in remote areas of the country, where bandwidth and Internet access remain an issue, could have a negative impact on the delivery of justice. We would not want to see that.
She also flagged the issue of ensuring that jurors remain anonymous and the potential to compromise their privacy with facial recognition software. For some victims and their families, it is an important part of their healing process to see the accused and the offenders in person or by video conference. In these situations, the use of a telephone would certainly deprive them of this opportunity.
The needs of the victim must, and I repeat, must always be weighed when considering an amendment to the Criminal Code.
Access to the Internet for rural Canadians has been a long issue in our country. The current government has promised for years to improve access to the Internet, and we know that this is a big issue in rural Saskatchewan, where I live, and certainly in remote and northern spots in Canada. It is blotchy at best, as it cuts in and out, and it has been an issue for the last seven years that the government has been in office.
Not everyone has access to the Internet. We saw this during COVID where schools tried to participate in classrooms and some did not even have access to a computer. There are issues with the Internet, which is a concern for prospective jurors to appear by video conference during the jury selection.
A jury summons, as we all know, is a very serious responsibility. However, I think many Canadians simply cannot take time off, particularly if one is a small business owner. It is near impossible for many to be compensated properly. As we all know, time is money and for the majority in our country, the two are certainly hard to fit in when someone does open that letter up and has been selected for jury duty.
Our legal system, without question, and we have talked about it for the last two days in this place, needs to improve. Bill S-4 aims to increase the efficiency, effectiveness and accessibility of the criminal justice system in response to the challenges that we have heard of over the last two years with the pandemic. The bill would also clarify and somewhat broaden the circumstances under which accused individuals, the offenders and others involved in criminal proceedings, may appear by audio conference or video conference.
I want to step back and have members think about the horrible incident we had at the James Smith reserve in my province of Saskatchewan, where, unfortunately, 11 people lost their lives over a warrant that had been out for months for Myles Sanderson.
If members recall, Sanderson became one of the worst mass murders in Canadian history. That day was September 4. Sanderson murdered 11 and injured 18 others during an early morning killing spree. In total, when Sanderson did die, he had been charged with 125 crimes. James Smith is a small community, roughly about 1,900, in northeast Saskatchewan. Therefore, when we see tragedies like this occur, we often have to ask ourselves if we could have prevented this. The warning signals were there for months, if not years.
It is not a coincidence that, since 2015, the violent crime rate in Canada has gone up 32%. This is a staggering statistic that for which the government must answer.
The community of James Smith is now left to pick up the pieces of this senseless act. The community has been victimized. Victims should be given at least as much consideration as offenders, but in Bill S-4, they are not even mentioned once. This soft-on-crime agenda by the Liberal government is not serving justice in our country.
The bill follows other pre-pandemic efforts to modernize the criminal justice system and reduce the delays in court proceedings. Delays in the criminal justice were already a serious issue before the pandemic. The measures contained in Bill S-4 would both modernize and make it more efficient, hopefully, for certain aspects of the delivery of justice.
Several family members have come forward in recent weeks with traumatic stories from the James Smith Cree Nation tragedy. Their stories are a crucial part in the healing process in the delivery of justice on that reserve. These are people we must be mindful of when crafting, carefully, this legislation. If we get the bill right, it will balance the need to improve efficiency with the rights of the people it serves, and always consider the victims and their families as a cornerstone of any justice legislation.
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- Nov/24/22 12:46:29 p.m.
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- Re: Bill S-4
Mr. Speaker, I brought up the victims, because they are not mentioned in Bill S-4. The tragedy in James Smith Cree Nation in Saskatchewan happened on September 4. Now we are at the end of November. Many families and relatives have been victimized more than ever over the last three months. We have not spoken to that.
Every day, the Saskatoon Star Phoenix or other news organizations in Saskatchewan talk about the healing process. It might take months, if not years, if ever to forget what happened when Myles Sanderson took the lives of 11 people.
There is no question that we need to modernize the justice system. If we had the time, we probably should modernize the House of Commons. We get stuck in our ways over the years and the decades, but this is one thing on which we can all agree. The justice system needs to end the backlog and get people in front of the courts sooner rather than later.
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