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Decentralized Democracy

House Hansard - 316

44th Parl. 1st Sess.
May 23, 2024 10:00AM
  • May/23/24 2:29:07 p.m.
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Mr. Speaker, the answer is yes. We will continue to be transparent and co-operate with the commission. I agree with my colleague. A judge as exceptional as Justice Hogue from the Quebec Court of Appeal is very well positioned to give Canadians confidence in our democratic institutions. Canadians need to understand that the government will always ensure that the commission has access to all the documents needed to do this important work. I really appreciated the work that I was able to do with my friend, the member for La Prairie.
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  • May/23/24 7:30:00 p.m.
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Mr. Speaker, I will move on to a different subject. We are talking about court delays. I practised law in Ontario for 20 years before I had the privilege of serving in this House. We all know that court delays are caused by multiple different factors. Perhaps the minister could share his thoughts on some of those other factors, including the provincial government's role in and responsibility for the court system.
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  • May/23/24 7:30:28 p.m.
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Mr. Speaker, the first point I would make is that I have appointed 106 judges in nine months, with respect to the heckles opposite. That is the fastest rate in modern Canadian history. The second point I would make is that if all judicial vacancies evaporated, and there are only 6% around the country, we would still have issues that relate to court infrastructure, court personnel, backlogs and delays that are a result and a by-product of COVID and the need to modernize our court processes.
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  • May/23/24 7:35:02 p.m.
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Madam Speaker, the process has improved because the candidate assessments are now valid for three months instead of two and the mandates of the judicial advisory committee members are now three years instead of two years. To answer the previous question, the Court of Appeal needs two judges and the Quebec Superior Court needs six.
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  • May/23/24 7:35:26 p.m.
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Madam Chair, I thank the minister for those details. I would now like him to talk about the Jordan decision, which has returned with a vengeance in Quebec in recent years. Recent decisions have brought to light the serious problems in our justice system in terms of delays. Last weekend at the Festival international du journalisme de Carleton-sur-Mer, which took place in my riding, the Chief Justice of the Supreme Court said that we are looking at the problem from the wrong side. Yes, the Jordan decision imposes timelines, but that benefits victims. When we think about the timelines, we rarely think about the victims. Because of the Jordan decision, they do not have to wait for years before they can testify. He also added that we should not seek to change the Jordan decision to extend the deadlines, but instead we should improve our justice system so that it is able to meet those deadlines. That requires massive investments in justice and the quick appointment of judges. Does the minister agree with the Chief Justice? I would also like to know what he is doing to improve delays in the justice system.
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  • May/23/24 7:36:30 p.m.
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Madam Chair, on a number of occasions, I have done my best to reduce the court backlogs. Obviously, that involves appointing judges. I am doing my best to fill those positions. In addition, I am currently working with Chief Justice Wagner on a committee on modernizing court operations. The committee is working on ways to improve processes in courts across Canada. For example, in the digital age, we are trying to find ways to speed up justice using artificial intelligence for complainants or people appearing before our courts, whether in a criminal or civil trial.
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  • May/23/24 8:20:57 p.m.
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Madam Chair, how many violent car thieves were given the maximum prison sentence by a court in 2023?
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  • May/23/24 8:21:40 p.m.
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Madam Chair, I will simplify my question. How many car thieves who used violence or car thieves in general were given the maximum prison sentence by a court since this Liberal Prime Minister was elected? I just want a number. How many received the maximum sentence?
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  • May/23/24 8:24:40 p.m.
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Madam Chair, when was the last time the minister visited bail court?
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  • May/23/24 8:24:45 p.m.
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Madam Chair, I am seized with the fact that bail court has been an issue with respect to the need for reform—
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  • May/23/24 8:24:54 p.m.
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Same question. When was the last time you went to bail court?
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  • May/23/24 8:25:09 p.m.
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Madam Chair, during those visits to the courthouses, when was the last time the minister spent the day in bail court?
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  • May/23/24 8:26:14 p.m.
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Madam Chair, the closest courthouse to Parliament Hill is actually the Supreme Court.
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  • May/23/24 8:27:43 p.m.
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Madam Chair, what is it like to be the Minister of Justice and not know what is happening on the ground at bail court?
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  • May/23/24 9:31:52 p.m.
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Mr. Speaker, it may be up to the minister to refer a case, but it is up to a new court to decide whether a person is guilty or not. It is not up to the minister to make the final decision. The decision—
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  • 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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  • May/23/24 9:57:38 p.m.
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Mr. Speaker, first, I thank my colleague for his opening comments. Second, Quebec obviously has a civil law system, which is different. That is very clear in our customs and conventions. That is why there are always three judges on the Supreme Court of Canada who are civil law experts. The court needs that when drafting decisions and ruling on cases from Quebec. In my younger days, maybe 27 years ago, I myself spent a semester studying law at Université Laval so I could be more conscious of and informed about Quebec's civil law system.
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  • May/23/24 10:06:52 p.m.
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Mr. Speaker, as I have mentioned several times this evening, I am in contact with the Chief Justice of the Supreme Court of Canada, Chief Justice Wagner. I have spoken with him about his hopes for the administration of the courts across Canada. I also want to point out that technology can be used to accomplish certain things in relation to the courts. For example, with artificial intelligence, we can take care of translation needs—
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  • May/23/24 10:11:08 p.m.
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Mr. Speaker, I have several responses to give. First, the court challenges program was created by a Liberal government. It was eliminated by Harper's Conservative government and then reinstated by our government. Second, the program is not managed by me, but by the Minister of Canadian Heritage, because the Attorney General and the Department of Justice are significantly involved in many cases. We are always either the defendant or the complainant in the cases. Finally, with respect to the situation he mentioned, I will follow up to get a little more information about those concerns.
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  • May/23/24 10:23:36 p.m.
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Mr. Speaker, one of the things that concern victims and their families is the sort of black box around plea bargaining. Victims' impact statements can happen at the point of an open court, but plea bargaining leaves victims and families out. I wonder if the minister has any thoughts on how Canada could get the balance right to ensure that victims and their families have more access to consideration in the plea bargaining process.
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