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Decentralized Democracy

House Hansard - 316

44th Parl. 1st Sess.
May 23, 2024 10:00AM
Context: House Hansard - 316 - May/23/24
Hon. Arif Virani
  • May/23/24 9:32:53 p.m.
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Mr. Speaker, Mr. Delisle's situation highlights the fact that we need to change the process and avoid—
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The Speaker
  • May/23/24 9:33:03 p.m.
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The hon. member for Louis-Saint-Laurent.
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Mr. Gérard Deltell
  • May/23/24 9:33:05 p.m.
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Mr. Speaker, is the minister aware that the fact that Minister Lametti was asked for two opinions and he never made them public has undermined the credibility of the justice system? Is he aware of that?
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Hon. Arif Virani
  • May/23/24 9:33:18 p.m.
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Mr. Speaker, the situation we are talking about right now, like any other situation, includes private details that are still confidential and protected by the—
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The Speaker
  • May/23/24 9:33:33 p.m.
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The hon. member for Louis-Saint-Laurent.
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Mr. Gérard Deltell
  • May/23/24 9:33:34 p.m.
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Mr. Speaker, does the minister know who the director of criminal and penal prosecutions, or DCPP, in Quebec is? Does he know who that is?
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Hon. Arif Virani
  • May/23/24 9:33:42 p.m.
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Mr. Speaker, we follow the guidelines that fall under our jurisdiction at the federal level when it comes to a miscarriage of justice such as this.
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Mr. Gérard Deltell
  • May/23/24 9:33:53 p.m.
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Mr. Speaker, the director of criminal and penal prosecutions spoke out about Mr. Lametti's action, saying that he and his staff did not even know these opinions existed and that this does not help them understand. On the contrary, it makes the minister's decision to order a new trial even harder to understand. Does the minister agree with Mr. Michel?
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The Speaker
  • May/23/24 9:34:10 p.m.
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Before the minister answers the question, I would like to make sure that everyone waits until they are recognized by the Chair before speaking.
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Hon. Arif Virani
  • May/23/24 9:34:12 p.m.
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Mr. Speaker, I want to note that it is up to a minister, whether that is me or my predecessor, to make the decision to refer a case. Nonetheless, the final decision is always made by a court, whether it is a lower court or a court of appeal.
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Mr. Gérard Deltell
  • May/23/24 9:34:38 p.m.
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Mr. Speaker, Patrick Michel said that Minister Lametti's decision “not only discredits the administration of justice, it also discredits the review process for wrongful convictions”. Is the minister proud of his predecessor?
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Hon. Arif Virani
  • May/23/24 9:34:54 p.m.
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  • Re: Bill C-40 
Mr. Speaker, Mr. Lametti, whom I worked with as parliamentary secretary, did extraordinary work during his more than four years in the position. I can note that the context we are discussing now illustrates the need to completely change the process with Bill C‑40—
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The Speaker
  • May/23/24 9:35:11 p.m.
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The hon. member for Louis-Saint-Laurent.
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Mr. Gérard Deltell
  • May/23/24 9:35:13 p.m.
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Mr. Speaker, is the minister aware that the issue is not about processes, but the actions of his predecessor, Mr. Lametti, who tossed out the CCRG's report? Is he aware of the fact that he went against what the CCRG was saying?
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The Speaker
  • May/23/24 9:35:27 p.m.
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The member's time is up, unfortunately, but I will allow the minister 10 seconds to answer.
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Hon. Arif Virani
  • May/23/24 9:35:36 p.m.
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Mr. Speaker, the current process is one we have been using for a number of years. We want to change it with a commission independent of the government—
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Mr. Tako Van Popta (Langley—Aldergrove, CPC)
  • May/23/24 9:35:56 p.m.
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Mr. Speaker, it has been reported in the city of Victoria that the same man has been arrested three times in three days for auto theft. Where was he today? He was out on bail again, so it is catch and release three times, and the people of Victoria are wondering why the police are not doing their work. My question for the minister is this: How many times is enough before a dangerous repeat offender like this auto thief should be restrained for the sake of public safety?
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Hon. Arif Virani (Minister of Justice and Attorney General of Canada, Lib.)
  • May/23/24 9:36:28 p.m.
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Mr. Speaker, what I would say to the member opposite is that as a person who is concerned with the safety of Canadians, obviously I share his concern. When I outlined earlier the fact that, when dealing with bail, we need to look at flight risk, maintaining confidence in the administration of justice, and protection of the safety of the public, one would genuinely question whether the decisions being rendered by a justice of the peace or a local provincial court justice are accurate in that regard. There is recourse for reviewing a bail decision, and I would urge the residents of Victoria to pursue that recourse.
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Mr. Tako Van Popta
  • May/23/24 9:36:59 p.m.
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Mr. Speaker, there was another story also coming out of the city of Victoria that a person charged with illicit drug trafficking three times was released on bail three times, and people are wondering what is going on with the police. Now the police, in their public notices, have taken to highlighting Bill C-75 of the Liberal government, which directs them to release people with the least restraint possible. My question to the minister again is this: How many times is too many before a repeat violent offender like the drug trafficker I mentioned should be kept behind bars for the sake of public safety?
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Hon. Arif Virani
  • May/23/24 9:37:43 p.m.
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Mr. Speaker, I appreciate the member's contributions at the justice committee and to today's debate, but let me just outline a few things. The first is that I am not responsible, or the decision-maker, for individual bail decisions. Those are made by independent and impartial adjudicators around the country. Second, the decisions are meant to be guided by principles under the Criminal Code of Canada and by Supreme Court jurisprudence. The member is referencing Bill C-75, and what it entrenched is the constitutional principle that already came from case law, such as the Antic decision of the Supreme Court of Canada. All we were doing was codifying a jurisprudential decision that had already been made. However, in terms of decisions that are being made about repeat offenders, that goes to the hallmark of the likelihood of reoffending. That is a consideration for bail under the Criminal Code of Canada. It needs to be applied in all instances.
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