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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 8:15:46 p.m.
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Madam Chair, I think there are a lot of issues here that we need to really understand. First of all, I do make the appointments for the superior court-level judges around the country, at the superior courts, the courts of appeal and even, sometimes, the Supreme Court of Canada and the federal courts. The administration of justice, pursuant to our constitution, indicates that the administration of justice is the purview and constitutional responsibility of the provinces, so what the parliamentary secretary was indicating is exactly correct. That relates to the courthouses, the court personnel and even the Crown attorneys, and I do appreciate that there are Crown attorneys and former Crown attorneys in the room right now. Their hiring, firing and promotion are all dictated by provincial edicts, provincial budgetary allotments, etc. That also applies to court clerks, court ushers, court translators and court personnel. All of those aspects relate to the administration of justice. That is the province's purview, not my purview. That being said, I have a strong working relationship with various attorneys general right across the country. That is really important. We are constantly addressing some of their needs. Legal aid was raised by the member for Cowichan—Malahat—Langford. By supplying legal aid, we are ensuring that there are fewer unrepresented litigants in these courts. Unrepresented litigants take longer to move through the system because they do not have the benefit of counsel. Second, I would raise, for the edification of the members opposite, that in this rush to pursue mandatory minimums, many of which have been found unconstitutional, we actually present an obstacle towards pursuing a path of potential trial resolution. If an accused individual knows that they will be facing a penalty no matter what, they are more likely to proceed all the way through to trial, which results in more delays and more backlogs. There are a number of features here that we are trying to address. We are addressing all of them. I am certainly doing my part with judicial appointments, but we need to be working collaboratively with the Crown attorneys and the provinces in overall administration of the system.
363 words
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