44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 12:04:40 p.m.
- Watch
- Re: Bill S-4
Mr. Speaker, I will be sharing my time today with the member for Outremont.
I am pleased to speak 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. Bill S-4 addresses issues that the COVID–19 pandemic has brought to light regarding the ways in which criminal trials are conducted in this country. It also builds on past government initiatives, including Bill C-75, which came into force in 2019 and made significant progress in modernizing our criminal justice system, including by facilitating the appearance of accused persons, lawyers and judges by audioconference or video conference throughout the criminal justice process. Bill C-75 also enacted Criminal Code amendments to improve the jury selection process.
Bill S-4's amendments support the increased use of technology in criminal courts across Canada, including in the following areas: remote appearances for accused persons and offenders, remote participation of prospective jurors and the use of technology in a jury selection process. My remarks today will focus on the amendments relating to the use of technology during the jury selection process.
As many members know, a jury is a group of randomly selected citizens who act as the fact-finders in criminal trials, replacing the judge in this role when accused persons exercise their subsection 11(f) charter right to a jury trial after being charged with certain offences. It is the civic duty of all Canadians over the age of 18 to serve on a jury if selected. Jurors make critical contributions to the criminal justice system in Canada, and the Supreme Court of Canada has held that a jury reflects the common sense, values and conscience of the community.
Subsection 11(d) of the charter also guarantees an accused person an independent, impartial and representative jury. The Criminal Code sets out the procedural rules regulating jury trials and jury selection and includes safeguards that reflect this charter right.
The jury selection process is a hearing held for the purposes of selecting qualified members to form the jury. Typically, persons referred to as prospective jurors are identified and summoned in accordance with provincial or territorial laws, and directed to attend at a specified courthouse or other location at a specified date and time in order to partake in a jury selection process. Being summoned for jury duty does not necessarily mean that a person will be asked to serve on the jury. However, compliance with the summons is mandatory, and people may only be excused from jury duty for certain reasons, including where it would cause personal hardship for them to serve.
The COVID–19 pandemic and public health requirements for physical distancing posed significant challenges for the jury selection process since it sometimes involves several hundred people being physically present in the same location at the same time. Bill S-4's amendments provide courts with the flexibility to hold jury selection processes with prospective jurors appearing by video conference rather than in person. These amendments aim to not only address the challenges caused by the pandemic, but also optimize the jury selection process beyond the pandemic and moving forward.
Importantly, a key aspect of Bill S-4 will be increased efficiency of the justice system, facilitated by the use of technology. The amendments enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way.
Where a court allows a prospective juror to participate by video conference, it would be that individual's choice whether they want to participate in person or remotely. Where the court requires prospective jurors to participate in a jury selection process by video conference, it will need to approve a location that is equipped with the technological infrastructure for them to participate by those means, such as a community centre or a courtroom set up with the requisite equipment.
If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from another location, such their home or office, if they choose to participate that way. However, in this case, the court will also need to provide the option for prospective jurors to participate in the jury selection process in person.
These amendments aim to maintain the representativeness of the jury selection process in two ways.
First, they facilitate the participation of persons in the jury selection process by reducing the burdens and barriers of attending in person. Although participating by video conference from home or the office would not eliminate the need to take time off work, it would likely lessen the time commitment required compared to commuting to the courthouse and waiting sometimes several hours for the process to commence. This can facilitate the participation of prospective jurors living in rural or remote areas by minimizing travel time and costs, and help those who need to find child care or who hold precarious employment by reducing the time required for child care or the time they need to take off work. These changes would both reduce the burden for individual jurors and enhance the efficiency of the overall system.
Second, the changes would ensure that persons who do not have access to adequate video conferencing technology or who have a limited understanding of the technology will continue to be able to participate in the jury selection process and ultimately form part of the trial's jury.
Our government recognizes that there is a digital divide in Canada and that many Canadians, particularly those in rural and remote areas, do not have adequate access to a high-speed and stable Internet connection. Although the government is committed to closing the divide, the amendments would ensure that at least a properly equipped location or an option to appear in person will always be available to prospective jurors to ensure participation by as many Canadians as possible.
The bill's amendments to the jury selection process also include important safeguards. As mentioned previously, prior to permitting or acquiring prospective jurors to participate by video conference, both the accused person and the prosecutor will need to consent to such an order being made. Also, the court will need to determine that making such an order is appropriate by considering listed factors, including the challenges related to the in-person participation of prospective jurors, their privacy and security, and the accused person's right to a fair and public hearing.
I would also like to take a moment to touch on the related proposals that would permit the use of electronic or automated means to randomly select prospective jurors during the jury selection process. The current process is both time- and resource-intensive, as it requires a large number of physical cards with juror identification information on them to be manually created for each prospective juror and then manually drawn as well. This amendment would provide courts with the option of a more efficient and less resource-draining process. Along with the amendments previously discussed, it also aims to optimize the jury selection process beyond the COVID-19 pandemic.
I believe this bill helps transform and modernize our criminal justice system while ensuring respect for all persons involved in the criminal court process, including accused persons and prospective jurors. A more efficient justice system will benefit all Canadians, and I ask that all members of the House support the passage of this bill as quickly as possible.
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- Nov/24/22 1:06:16 p.m.
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- Re: Bill S-4
Madam Speaker, I will be sharing my time with the member for Edmonton Strathcona.
I am pleased today to have an opportunity to speak 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 on the COVID-19 response and other measures. This bill would increase our justice system's efficiency and ensure that all Canadians have equal access.
The COVID-19 pandemic altered our everyday lives, including necessitating new ways of accessing the criminal justice system. The solutions invented to accommodate our circumstances proved efficient and should be used going forward to optimize the ways in which criminal trials are conducted in Canada. This bill's proposed amendments support the increased use of technology in criminal courts across Canada. This has a variety of applications, such as the use of technology in the jury selection process, remote participation of prospective jurors and remote appearances for accused persons and offenders.
I want to focus first on the amendments relating to the jury selection process. The amendments would enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way. When a court allows prospective jurors to participate by video conference, it will be an individual's choice whether they want to participate in person or remotely.
Importantly, Bill S-4 accompanies the government's efforts to increase remote Internet access across our country and close the digital divide. However, while we work toward efficient Canada-wide Internet access, there are measures in place to help individuals who may not have optimal connection. When the court requires prospective jurors to participate in the jury selection process by video conference, it would need to approve a location equipped with the technological infrastructure for them to participate by those means, such as a community centre or courtroom set up with the requisite equipment.
If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from other locations, such their homes or offices, if they choose to participate that way. However, in this case, the court would also need to provide the option for prospective jurors to participate in the jury selection process in person.
These amendments would help our jury system represent the face of Canada. Increased representativeness would be ensured by first reducing the barrier of attending in person. Prospective jurors living in rural or remote areas would enjoy minimized travel time and costs, and those who need to find child care or who hold precarious employment would experience reduced time required to find alternative child care or time needed off work. It would also reduce emissions, I will add.
Second, the changes would ensure that persons who do not have access to adequate video conferencing technology, or who have limited understanding of the technology itself, would continue to be able to participate in the jury selection process and ultimately form part of the trial jury. These are critical measures to bridge discrepancies in Internet access while we work to shore up connection across Canada, including in my home province of New Brunswick.
In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill would improve access to justice and efficiencies in our criminal courts. For example, Bill S-4 would expand the power of courts to make case management rules to allow court personnel to deal directly with unrepresented accused persons on administrative matters for out-of-court proceedings. Currently this is only permitted if the accused person is represented by counsel. This may represent a relatively small change to the Criminal Code, but I believe it would go a long way to improving access to justice for unrepresented accused persons.
It is very important to note that these uses of technology are optional and subject to the judge's discretion, as opposed to being mandatory. I want to stress this point. These measures would assist courts in continuing to deliver justice in an effective and efficient way. The proposed reforms would also better equip courts with the tools to keep things moving during challenging times, because of a pandemic, a flood or any other situation that could hinder physical access to the courts in the future. While these reforms may be relied on in a more significant way in managing exceptional and emergency circumstances, they would not be limited to such circumstances. They would apply on a permanent basis to ensure that the options to use technology continue to be available to our courts for years to come.
Another important element of increased efficiency in this bill pertains to digital fingerprinting. Bill S-4 would amend the Criminal Code to allow a court to issue a summons for fingerprinting if an accused was previously required to appear but such identification was not completed for exceptional reasons. In addition, courts would be able to make an order for the fingerprinting of an accused person being released on bail. These reforms would facilitate the efficient collection of fingerprints, which is critical for the smooth functioning of our court system. When courts operate efficiently, more Canadians access justice and our country is better off.
The expanded telewarrant system is also critical. Expanding the possibility of obtaining a greater number of search warrants and other judicial authorizations by means of telecommunication would contribute to efficiency gains in the criminal justice system by reducing the need for in-person attendance and physical delivery of search warrant applications by law enforcement. Indeed courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.
Subsection 800(2.1) has, since 1997, authorized summary conviction trials by video for accused persons in custody. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999.
Bill C-75, which was passed by the House in 2019, modernized and facilitated some appearances by audio or video conferences of all persons involved in criminal cases, including judges, under certain circumstances.
Rather than overhauling criminal procedure, Bill S-4 continues to permit proceedings by remote appearance. This bill picks up where Bill C-75 left off, in light of the experience gained and the questions that arose with the use of technology in the criminal courts during the pandemic.
I would like to personalize this for a bit, if I may. Before I joined the House, my work was centred on supporting youth at risk in the education system. From time to time, students would find themselves interacting with the justice system. I had the opportunity to help them navigate these public institutions, understand their rights, and when the circumstances permitted, to also pursue justice. I remember a particularly frustrating time in which unnecessary delays prolonged the personal suffering of a survivor of sexual assault, adding to their trauma. I remember the anger and frustration this evoked and the feelings of helplessness for all involved.
Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can be used to help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of participants.
The reforms proposed in Bill S-4 flow from the important work of the action committee on court operations in response to COVID–19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.
Bill S-4 is an example of how we can improve the legal system, but there are other ways we can also discuss pushing things forward. I would like to mention restorative justice, which is an approach that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about it and address their needs in the aftermath of a crime.
It will invest in programs for first nations and indigenous courts as well, creating more pathways for healing by including indigenous knowledge and traditions, restorative justice practices and elders in the court process.
It will reform how sexual assault cases are prosecuted in Canada through a feminist equality lens.
It will ensure that everyone, regardless of income level, should be able to use the remedies that Canadian laws and the Canadian legal system provide.
It focuses on a system truly built on preventing youth crime by addressing its underlying causes, responding to the needs of young persons, and providing guidance and support.
Without continuing our work on multiple fronts, we cannot claim that there will be true justice for anyone who is involved in legal proceedings. Bill S-4 is part of the solution, and we need to continue to build on it to restore confidence in our legal system.
In 2022, the national justice survey revealed that 49% of Canadians are not confident the Canadian criminal justice system is fair to all people, and that 39% think it is not accessible to all. These numbers are incredibly alarming, and Bill S-4 is a step in the right direction.
In conclusion, Bill S-4's measures are both practical and necessary. They would assist the provinces and territories, which are responsible for the criminal administration of justice, by giving criminal courts additional tools to tackle delays. They would also benefit everyday court users. For these reasons, I urge everyone in the House to support Bill S-4.
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- Nov/24/22 4:20:13 p.m.
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- Re: Bill S-4
Madam Speaker, I know that my Bloc colleague was a lawyer in a previous life, and I appreciate her input in the discussion today.
I think that looking at as many ways as possible to speed up the judicial system for victims, for those awaiting trial, to either be convicted or cleared, and a whole bunch of other cases in between, is something that should be examined. We have seen massive backlogs, as I mentioned in my speech. COVID was a major contributor, but even before COVID, the backlog in the court system was quite significant. Issues have been raised about that.
I think that there is an opportunity here to have that conversation about what can be done to speed it up, and I look forward to that discussion in the weeks ahead.
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