44th Parl. 1st Sess.
June 12, 2023 11:00AM
Mr. Speaker, I would like to thank the minister for bringing this forward. It is something that we, in the NDP, have been pushing for for some time.
This issue brings to mind, for those of us in northwest B.C., the case of Phillip Tallio, a Bella Coola man who was convicted 40 years ago and whose case has been taken up by the Innocence Project at UBC. His appeal was recently rejected by the Supreme Court of Canada, but I know many people have been pushing for that case to be reheard in light of the inconsistencies during trial.
Given that only a handful of cases make it through the existing ministerial review process each year, do the Liberals share our sense of urgency about getting a better, more independent process for dealing with miscarriages of justice in place as quickly as possible?
145 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, yes, we share that concern. We want this bill through the House of Commons as quickly as possible. I have mentioned my personal dedication to this cause. We are 30 years overdue. The commission has existed in England for 25 years and is working very well, and it exists in a number of other common-law jurisdictions.
I will not comment on the specific case the hon. member mentioned, but I will take this opportunity to say that there is a transition provision built into this piece of legislation, such that a person who has gone through the process would be able to ask that their file be looked at again by the commission. This is a deliberate transition measure, because we know that miscarriages of justice exist.
130 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, within in the riding of Waterloo, constituents provide me a wide range of perspectives and experiences.
When it comes to our judicial system, it is something that we always want to have confidence in. We know we could always improve our systems, because they are not perfect.
My question kind of builds upon the last answer. I know we have been looking at other countries and I know that a lot has been gained, but what have we learned from the international experience? Who are we looking towards? What have we gained from them so that we could actually advance, because we know this is long overdue?
109 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, we have a great deal to learn from other jurisdictions. Again, we are looking at other common-law jurisdictions in particular, where these kinds of commissions exist and have worked very well.
First, wrongful convictions exist in a far greater number in the U.K. experience than we are currently seeing in Canada. That tells us that there is something amiss with our current process, in terms of accessibility to people who believe they have been wrongfully convicted.
The second thing I would point out is there has been a great deal of learning from the standard that has been used in other jurisdictions. What we have found in studying the standard is that the current Canadian standard likely to have caused a miscarriage of justice is too high. The U.K. and Scotland have a lower standard. In some places it is simply in the interest of justice.
It is something that was outlined very carefully by two former justices that we asked to write a report. Justice Harry LeForme and Justice Juanita Westmoreland-Traoré prepared an exhaustive report. They travelled to these jurisdictions, did the work and came up with proposals that inspired much of what we have done in this report. I want to thank them while I am here.
We have taken learnings from other jurisdictions. It is critical to do so.
229 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, it is interesting that we are talking miscarriages of justice, because the fact that the Attorney General of Canada has not appointed enough judges, and violent rapists and murderers are going to go free because their time has been exceeded, is a miscarriage of justice. Would the minister agree?
51 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I thank the hon. member for her question, which allows me to clarify a number of things.
I have appointed judges since my time as justice minister at a rate unparalleled in the last 20 years. We have created over an extra 100 positions. I agree that it is important. I will continue to appoint judges at a rate that continues to fill those vacant posts. We will continue to take that task very seriously.
77 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I want to thank the hon. Minister of Justice for tackling the issue of wrongful convictions at long last.
The name David Milgaard is one of many. Donald Marshall is another. Unfortunately, systems of justice that put the innocent in jail, despite the moment when they are released and celebrated, and apologies are made, can never make things right again.
I appreciate the focus on this. However, I wonder if the minister believes that a commission that looks at wrongful convictions would be faster and more open to change than having the traditional method of appeals to the Minister of Justice himself or herself?
106 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I thank the hon. member for her passion for this issue, which I share.
Let me give another statistic. Since I have been Minister of Justice, I have seen roughly one case and a bit per year. That is not the experience in the U.K. or any other jurisdiction that has set up one of these commissions. The kinds of cases I see tend to be homicide cases.
From all indications, particularly in other jurisdictions, there simply have to be other wrongful convictions that need to be addressed, where there has been an impediment, where it has not attracted the support of the Innocence projects, the very good support of those projects I might add.
This should be faster. With the investigative powers and the support powers that we are giving to the commission, it should be able to be done more equitably and fairly, with fewer barriers. I think this is an important aspect of this piece of law.
163 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, the minister talked about the two-step procedure under the new regime. Would he be open to having the lower standard, where miscarriage of justice may have occurred, for the first step, but the higher standard, where it was likely to have occurred, for the second step, before the commissioner sends it back into the judicial system?
59 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I know the hon. member's question comes from a good place. The experience we have seen is that “likely” is too high a standard and has been identified by justices Westmoreland-Traoré and LaForme as one of the likely factors of why we get so few cases in our system. Our cognate jurisdictions, England, Northern Ireland, Wales and Scotland, have systems that are not unknown to us. We are in the same family of criminal law systems, and I think we should be comforted using the standards they are using, because they have had such a positive impact.
Having the word “likely” in there is not something I would like to continue with.
121 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, the police needed a conviction. There had been four widely reported sexual assault cases already in the city, and now a fifth one that ended with the murder of a young woman on her way to work on a cold January morning in 1969. She had been stabbed in the chest and her throat had been slashed with a knife that a city resident many years later reported as having gone missing from her kitchen. Mrs. Fisher suspected it was her husband who was the killer. She did not report that to the police. Although he was known to police officers to be a violent man, they did not pursue that investigation because they had another theory of what happened on that cold winter morning. That theory was based on evidence, which was confusing and contradictory, from a group of confused, impressionable and irresponsible young teenagers prone to doing stupid things like stealing cars, stealing gas for cars and committing petty theft to fuel their drug habits, but rape and murder was not a part of that.
At first these confused teenagers told the police officers that their friend David had been with them the whole time and he could not possibly have been the murderer. They did not believe them. They did not like that story or this alibi because it did not fit their theory of what happened that morning, so they brought these witnesses in again. This time they locked them up for 48 hours to sober them up. Then they started questioning them relentlessly, time and again. Finally, these confused, impressionable, irresponsible teenagers changed their story. They just wanted to get out of there. They decided to tell the officers what they wanted to hear so they would get out of there. The figured that David could stand on his own two feet, which would all probably work out in the end anyway, so they changed their story. David Milgaard was charged with murder and went up for trial.
Many years later, these witnesses changed their story again. They recanted. They apologized. Their excuse was that they were going through withdrawal symptoms, they just wanted to get out of there and felt the best way to do that was to tell the police officers what they wanted to hear to get out of there and move on. At the trial they did not even give that evidence. However, the police, thinking ahead of time, had already taken their written statements, which were put before the jury. The jury accepted them and David Milgaard was convicted and spent 23 years in jail. He was 17 years old at the time and he spent 23 years in jail for a murder he did not commit while the real murderer continued terrorizing the neighbourhood.
Years later, it all seemed so obvious that this was a serious miscarriage of justice, but it did not seem that obvious at the time.
I do not have a policing background and have never had to look at the evidence of a crime scene, but I can imagine it must be very frustrating for the police authorities and investigators, particularly under a lot of pressure from the public and politicians to do something about it, to find a person to convict. It is like putting a jigsaw puzzle together. I am not very good at them, but there is always a piece that looks like it is going to fit and I just want to take my fist and pound it in to make it work. That is exactly what happened in the David Milgaard case. The piece did not quite fit, so the police used pressure until it finally did, which was a serious miscarriage of justice. David was convicted of the murder of Gail Miller by the jury on January 31, 1970. He appealed to the Saskatchewan Court of Appeal, which was denied a year later. He went to the Supreme Court of Canada, which refused leave to appeal. It did not even want to hear the case, and David Milgaard spent many years in jail.
Thankfully, he did not give up and finally there was a breakthrough. The law eventually caught up with Larry Fisher and he pleaded guilty to several sexual assault charges, and one of attempted murder. Some of these charges were around the events that took place at the same time as the murder of Gail Miller and in the same neighbourhood. This was the breakthrough that David Milgaard and his very determined mother Joyce were looking for and they pursued it. They had a lot of help from a lot of people, such as not-for-profit groups and lawyers who were willing to work pro bono, and they kept digging.
The evidence was so clear that David Milgaard had not commit the murder, but he had run out of appeals. There was nothing left that he could do but go the political route, and that is exactly what he did.
He went to the minister of justice, under section 690 of the Criminal Code, and he asked for a review. That was in 1988 after this evidence started becoming available. The minister of justice turned him down, but he and his mother Joyce were determined. The credit goes particularly to Mrs. Milgaard for her persistence.
One day on September 1991, Mrs. Milgaard held a vigil in front of a hotel in Winnipeg where the prime minister of the day, Brian Mulroney, was about to give a speech. She did not expect to speak with the prime minister; she was expected to maybe shout out at him and be recognized. However, Brian Mulroney walked over to her and asked her what her story was.
This is what Prime Minister Mulroney said years later, which was quoted in the Winnipeg Free Press, “There was just something so forlorn about this woman standing alone on a very cold evening on behalf of her son, but in that brief meeting, I got a sense of Mrs. Milgaard and her genuineness and her courage. We all have mothers, but even the most devoted and loving mothers wouldn't continue the crusade for 22 years if there had been any doubt in her mind. So, I went back to Ottawa and had a much closer look at it. I told the appropriate people that I thought a review of this particular case was warranted and I wanted appropriate action taken to bring this about.”
It finally landed back on the desk of the minister of justice, and this time, with the evidence that was available then, she was convinced that a miscarriage of justice likely occurred. She referred it to the Supreme Court of Canada, which this time had to look at it and was convinced as well by the new evidence that a new trial should be ordered.
It went back to Saskatchewan, but the Saskatchewan attorney general decided that, with the intervening 22 years and witnesses maybe disappearing, evidence maybe disappearing, maybe it would not bother pursuing it, and it dropped the case. David was then a free man, but that was not the same as a finding of innocence or a finding of not guilty. It was just a suspension of further proceedings, and the cloud of suspicion continued to hang over David Milgaard.
1229 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 1:58:47 p.m.
- Watch
Mr. Speaker, I wish to speak about a despicable float in a recent Brampton parade.
Anti-India Khalistan supporters in Canada have reached a new low by celebrating the assassination of Indian prime minister Indira Gandhi with her cutout in a white sari splattered in blood and the cutouts of her bodyguards, turned killers, brandishing and pointing guns.
Tolerating the glorification of terrorist acts goes against everything our country, Canada, believes in. Anti-India and anti-Hindu groups in Canada, with their recent attacks on Hindu temples and their mounting a campaign against public display of flags with the Hindu religious sacred symbol Aum, are sending a dreaded message to Hindu Canadians.
I again call on authorities at all levels of government to take notice and initiate action before this hatred escalates to real and deadly physical violence.
138 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, last week, I introduced my first private member's bill, called “Noah's Law”, named after 16-month-old Noah McConnell, who was murdered alongside his mother, Mchale Busch, by a registered, repeat sex offender who targets women and children.
Cody McConnell, husband and father, along with Noah's law organizers, have been calling for legislative change because of these tragic murders, hoping that no other family will suffer like this again.
Mchale Busch and Noah McConnell will never be forgotten. Their murders should lead to meaningful change to strengthen the criminal justice system through Noah's law.
Once implemented, Noah's law will help empower the most vulnerable, especially women and children, by protecting them from violent offenders who live in our communities. Hopefully, Noah's law quickly passes to help strengthen our justice system and prevent this from happening again.
146 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:01:00 p.m.
- Watch
Mr. Speaker, on May 24, the Queen Elizabeth Hospital Foundation held its second annual Big Day of Giving in Prince Edward Island.
The Big Day of Giving is a fundraiser for critical health care equipment and an opportunity to share stories from health care workers and patients across the island. This year's fundraising focus was on cancer care, mental health and addictions, and neonatal care.
I am honoured to inform the House that this year's Big Day of Giving produced a whopping $861,000, over $210,000 more than last year. This will help to pay for 14% of this year's equipment needs at the hospital. This resounding success speaks to the remarkable generosity of islanders and their dedication to our community.
I offer my heartfelt thanks and warm congratulations to all who helped to organize and deliver such a memorable event. I also offer much gratitude to each and every selfless donor. This is yet another example of what makes P.E.I. great and what makes me so very proud to serve them in this place.
181 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:02:12 p.m.
- Watch
Mr. Speaker, there was a time when just about every town had its own community radio station. Back then, people had access to more diversity in terms of music and news. One by one, community radio stations were replaced by commercial radio stations. It has now become virtually unheard of to have the opportunity, the good luck, dare I say, to have access to a community radio station.
Limoilou is lucky enough to have a community radio station called CKRL, which is celebrating its 50th anniversary this year. It also happens to be the oldest French-language community radio station in Quebec and Canada. It has been able to survive thanks to the dedication of its staff and volunteers, as well as the involvement of local business owners and the general public.
CKRL has given us 50 years of music of every genre and from every corner of the world. It has also given us 50 years of news, shared moments and pure joy for the ears and the soul. CKRL is the beating heart of our community. I would like to thank the whole team and wish them a happy 50th anniversary.
193 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, last week I was supposed to lead off in the debate on Bill S-246, which seeks to designate November as Lebanese heritage month in Canada. Unfortunately, that did not happen.
I would like to point out the importance of this bill for Quebec in particular, because I am giving my speech today in French. According to Statistics Canada, Quebec's Lebanese community accounts for more than a third of all Lebanese Canadians. They chose Quebec because of the close relationship between the Lebanese people, the French language and the global Francophonie. Lebanon is a prime source of new immigrants, which is important because we need to offset the labour shortage and strengthen the vitality of francophone communities. Also, the first edition of the Lebanese Film Festival in Canada took place in Montreal, which is also home to the Saint-Maron eparchial seat.
I am eager to continue working with all of my colleagues so that we can all celebrate Lebanese heritage month in November.
167 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:04:37 p.m.
- Watch
Mr. Speaker, the world watched with dread in 1990 as Saddam Hussein launched an unprovoked invasion of Kuwait. Thousands of Canadians were part of the international coalition that resisted that lawless invasion, fighting to drive out enemy forces and to restore Kuwaiti sovereignty.
The evil of a tyrant was opposed by the valour of those who fought in the Persian Gulf, and because of it, Kuwait remains an independent country to this day, yet also to this day, unlike most of our allies, the Canadian government refuses to recognize Gulf War veterans as having provided wartime service.
It certainly was war, and any of our Gulf veterans who stood on the front line, putting life and limb in jeopardy to defend freedom, can provide their first-hand testimony to that fact.
These heroes deserve our heartfelt gratitude and our recognition of their service in defence of liberty and Canadian values. I thank all those who served in the Persian Gulf War, and to all of our courageous Canadian veterans.
169 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:05:38 p.m.
- Watch
Mr. Speaker, the Canada summer jobs program, or CSJ as it is known, is a vital initiative that serves as a stepping stone for youth, especially those facing employment barriers, and allows employers to expand their workforce. This program provides opportunities for young Canadians to equip them with skills, experience and confidence for their future endeavours.
In Oakville North—Burlington, businesses and non-profits have benefited enormously from this program, with young people bringing fresh perspectives and innovative ideas to the workplace. I have heard from employers like Haltech that they use CSJ to build their talent in the organization. Students have said that they never expected to work in their field, but because of CSJ, they had the best work experience they have ever had.
The Canada summer jobs program is a catalyst for social change, promoting employment equity and youth empowerment. As youth begin their summer placements, I wish them well and cannot wait to visit them this summer.
162 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:06:43 p.m.
- Watch
Mr. Speaker, in June, we come together to celebrate Portuguese Heritage Month, a significant occasion when we acknowledge the remarkable contributions made by Canadians of Portuguese descent.
Saturday, June 10, was Portugal Day, observed both in Portugal and around the globe. As Portuguese Canadians, this day holds a deep sense of pride for us and a great, deep joy.
This year also marks a significant milestone as we commemorate and pay tribute to 70 years of Canada-Portugal relations. As a testament of our friendship and strong ties, Portugal has contributed 120 Portuguese firefighters to join their Canadian counterparts' efforts to put out our wildfires.
Today, let us take this opportunity to celebrate and honour the accomplishments, rich heritage and seamless integration of our Luso community into Canada.
[Member spoke in Portuguese]
132 words
- Hear!
- Rabble!
- add
- star_border
- share
- Jun/12/23 2:07:52 p.m.
- Watch
Mr. Speaker, “Good pace. Are you serious? Oh my goodness! Glorious and free!” That was the call by PGA announcer Jim Nantz as Abbotsford’s Nick Taylor made history yesterday by becoming the first Canadian in 69 years to win the Canadian Open golf championship, and he did it in spectacular fashion.
First shooting a course record 63 on Saturday, Nick then survived four sudden-death playoff holes and drained a 72-foot eagle putt to win his third PGA tournament. He joins Mike Weir, Brooke Henderson, George Knudson and others in the pantheon of Canada’s great golfers.
Nick and his wife Andie call Abbotsford home. In fact, he is proud of having honed his golf skills at our own Ledgeview Golf Club.
Other notable Canadian players in this year’s Canadian Open were Corey Conners, Mike Weir and Abbotsford’s Adam Hadwin.
I thank Nick Taylor for inspiring us. Oh, Canada, glorious and free, indeed.
163 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
