44th Parl. 1st Sess.
June 6, 2024 10:00AM
- Jun/6/24 7:47:37 p.m.
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Madam Speaker, the premise of the member's question is that it is unfair, and it is wrong. This is not about trampling over rights. In fact, it is about expanding rights. The whole purpose of this commission is to make access to justice easier for the wrongfully convicted.
The member wants people to have access to this body in both official languages, full stop. She also wants the best people serving as commissioners on this body who can make sure that it happens. There are occasions where people from certain aspects of society do not speak both official languages but are very competent and very capable. We do not want to exclude those members because that would actually be detrimental to the people who appear before the commission.
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- Jun/6/24 7:48:24 p.m.
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Madam Speaker, I am really confused. What happened in committee with this bill was the Conservatives filibustering and delaying, and then the bill finally gets over to the House here. The previous Conservative speaker, who spoke to this bill, spoke so glowingly of it, but that was just moments after he introduced 20 amendments to effectively, one by one, kill the bill clause by clause. I am just in awe as to what the Conservative strategy happens to be here. The member spoke a bit in his speech about what happened in committee.
Can the member try to make rhyme or reason of what is going on with the Conservative Party when it comes to this bill?
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- Jun/6/24 7:49:09 p.m.
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Madam Speaker, the answer to the last part of the question is that I do not think anybody can. The Conservatives are playing politics with the bill, pure and simple. They supported it at second reading. They filibustered the bill for 40 hours at committee. They hauled out the name of David and Joyce Milgaard here tonight; it is shameful.
This commission would be set up to be independent and efficient, and take it out of the hands of politicians. If the Conservatives are opposing this bill, I suppose that is an endorsement of the Minister of Justice or the previous minister of justice. Something tells me that is not what the purpose is behind this.
The Conservatives stand in this House, time after time, talking about law and order, and keeping our streets safe, but we also have to stand up for people who have suffered and have been wrongfully convicted. The purpose of this bill is to make that system much better.
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- Jun/6/24 7:50:05 p.m.
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Madam Speaker, does my colleague agree that we could create an independent review commission that would not necessarily lower the threshold for review?
David Milgaard's problem was never that the threshold was too high, but that the system was too cumbersome.
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- Jun/6/24 7:50:26 p.m.
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Madam Speaker, the member is very thoughtful and I enjoy working with him, as I said earlier.
I do not believe this would lower the threshold. It would change the nature of the equation that the commission has to calculate when reviewing the circumstances in each case. It is up to the courts to determine innocence or guilt. It would be up to the commission to determine whether maybe there has been a miscarriage of justice. That is not lowering the threshold, with all due respect. In fact, it is making the system more open and fair, and more accessible.
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Madam Speaker, I rise in the House today to speak to a very important topic. I am referring to the creation of an independent commission to review miscarriages of justice under Bill C‑40. The bill is concrete and positive, a fact that deserves mention, considering it is not always a Liberal Party specialty. That is a rare occurrence indeed, as we know.
In 2021, the Minister of Justice commissioned a report on the current criminal conviction system. The findings of this report showed that awareness about the danger of wrongful convictions has increased in Canada and the world. None of the many people consulted for this report opposed the creation of a new independent body at arm's length from the government to replace the federal Minister of Justice in hearing applications for remedies for wrongful convictions.
This bill demonstrates a willingness to ensure that decisions about people who have been convicted are more independent and to strengthen public confidence in institutions. The reform proposed by Bill C‑40 is a very good initiative, and the Bloc Québécois believes that creating this commission will have several positive effects.
First of all, it will allow for greater independence between the legal and political branches. The bill takes the discretion away from the justice minister and gives it to the commission. This is a step in the right direction, although it comes a little late, given that the Liberal government waited until after the media had reported on shocking cases of prisoners waiting months, even years, to have a miscarriage of justice reviewed. In the United Kingdom, for example, this system of having an independent commission review miscarriages of justice was set up 25 years ago. We are 25 years behind. This is not exactly a reason to pat ourselves on the back and break out the champagne.
This independence was called into question by the recent revelations about former justice minister David Lametti, reinforcing the need for the power to order a new trial to be taken out of the hands of ministers and given to an independent body, specifically the new miscarriage of justice review commission.
Let me refresh my colleagues' memories. The former justice minister ordered a new trial in the case of Justice Delisle, contrary to the recommendations of the Criminal Conviction Review Group, which said that no miscarriage of justice had occurred. This finding was also corroborated by Quebec's director of criminal and penal prosecutions.
This decision also came as a surprise to Quebec's director of criminal and penal prosecutions, Patrick Michel, who suspects that the minister's use of power was arbitrary rather than discretionary. To add insult to injury, the sponsor of this bill is none other than the former minister of justice and former member for LaSalle—Émard—Verdun, which proves the importance of the bill's existence because of his actions.
The Bloc Québécois would like to mention that the passage of Bill C-40 will not do anything to change its desire to investigate this matter at the Standing Committee on Justice and Human Rights. This is about maintaining the public's confidence in our justice system. Favouritism has no place in our courts.
Since Bill C‑40 seeks to take away the minister's power to order a new trial and instead give that power to commissioners, we think that decisions like the one made by former minister Lametti will not happen again and that this will help increase the public's confidence in the justice system.
The bill will also guarantee everyone access to the commission and a referral to legal services so that everyone, particularly the most vulnerable, will have true access to justice. The history of our courts and the recent revelations regarding the former justice minister remind us that we need to improve the judicial review process. Once again, this is about the public's confidence in our courts and our justice system.
Let us remember that this bill is named after the late David Milgaard. The Milgaard case is important because it reminds us that our courts, like any institution, are sometimes fallible. We need mechanisms to ensure that, when mistakes are made, they can be corrected. Just as a reminder, Milgaard was a young man who was convicted and sentenced to 23 years in prison for the murder of Gail Miller, a crime he never committed.
Because Milgaard and his mother, Joyce, defended David's innocence so tirelessly, we now understand the need for a judicial review mechanism. It is thanks to their campaign and the efforts of people like Donald Marshall, Guy Paul Morin, Thomas Sophonow and James Driskell that we are now working to improve our justice system. Every one of their stories is one more reason motivating us to create this commission. We thank them for fighting for a better justice system.
Finally, even though the Bloc Québécois is voting in favour of the bill, we must point out the hypocrisy of the Liberals and the NDP when it comes to the French language. My colleague, the member for Rivière-du-Nord, moved an amendment during clause-by-clause review of the bill to require the commissioners who are appointed to be fluent in both official languages. That was too much to ask. For the Liberals, the Conservatives and the NDP, the official languages are good for speeches and campaign days, but within the Canadian government, the Canadian public service or our courts, they are optional.
The NDP boast about defending the idea of bilingual judges since 2008, but they rejected the idea of requiring the commissioners heading this independent commission to be bilingual, and they voted against their convictions. The Liberals boast about being the first government to recognize the decline in French, but they voted against the idea of bilingual judges. We saw the same thing happen with the appointment of the unilingual anglophone Lieutenant Governor of New Brunswick, which is the only bilingual province in Canada. That is not to mention the appointment of the Governor General, who does not speak a word of French. To be fair, she knows how to say “bonjour”, and I think her French has improved. Now she knows how to say, “Comment ça va?”
Anyone who believes that the Liberals are making French a priority must be dreaming. Quebec's motto, however, is Je me souviens, which means “I remember”. On some level, it came as no surprise to see the Conservatives' contempt for French. After all, this was the party that once appointed a unilingual anglophone auditor general and unilingual anglophone Supreme Court judges. What comes next remains to be seen.
Although this great party claims to be a champion of French, once again, it does not walk the talk. That is what we call geography-dependent bilingualism. It adjusts to voter opinion like a weather vane adjusts to the wind. Moments like this reveal, or perhaps remind us, how incidental the French language is in Canada and how utopian it is to believe that the two official languages could ever truly be equal. If anyone is unfamiliar with the word “utopian”, I encourage them to look up the definition in the dictionary.
Although we are choosing to support this bill, I feel compelled to point out once again the hypocrisy of certain parties and members when it comes to defending and supporting the French language. It is interesting when the government repeats over and over, on the campaign trail, in the Speech from the Throne and in the House of Commons, that it is the first party to recognize the decline of French, but—surprise, surprise—it will not be the last to worsen that decline.
In closing, I hope this bill will be passed for all the reasons I outlined throughout my speech. It will foster greater public confidence in our justice system, greater independence in our justice system and, above all, greater access to justice. I also hope that, once the bill is passed, the government will make an effort to appoint commissioners who are proficient in both official languages. Why not do more to ensure that francophones have the same access to justice as anglophones? That is what substantive equality should be all about. It is not just a matter of obtaining services in French on a part-time basis. It is also about access to services in both official languages in Canada's justice system.
I can assure the House that we will take a closer look at this and make sure that this genuine concern is heard.
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- Jun/6/24 8:00:31 p.m.
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Madam Speaker, I have one question for the member and I really hope he can give me a yes or no on this.
What happens if a commissioner comes forward who is overly qualified, has everything the commission wants, but only speaks French? Would the member then suggest that individual should be disqualified?
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- Jun/6/24 8:01:04 p.m.
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Madam Speaker, once again, we see the profound hypocrisy at play here. Nothing goes deeper than Anglo-Saxon hypocrisy, and this MP just proved that to be true. For him, someone who is capable, competent and qualified must be someone who speaks one of the two official languages.
It makes no sense for a government to appoint a Governor General who does not speak a word of French when that is one of the official languages. It is ridiculous for a government to appoint a unilingual anglophone Lieutenant Governor in the only bilingual province in Canada. It is ridiculous for a government to appoint judges who do not speak a word of French to the Supreme Court of Canada. A person would have to be high on something to believe that defending and promoting French is a priority for the Liberals. I understand that they are the ones who legalized marijuana, but they should not—
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- Jun/6/24 8:01:06 p.m.
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We have to go to other questions.
The hon. member for Edmonton Manning.
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- Jun/6/24 8:02:10 p.m.
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Mr. Speaker, with the bill before us, the Liberals would lower the threshold for a review. Does the member agree that this would increase the risk to an overburdened and understaffed justice system that is under extreme strain right now and facing unacceptable delays, yes or no?
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- Jun/6/24 8:02:35 p.m.
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Madam Speaker, when a member of the Conservative Party, the party that brags about standing up for francophones, asks me to respond with a yes or no, it is hard to take that seriously. I wish I could ask my colleague whether he is comfortable with the fact that his party, which claims to recognize both official languages, is not in favour of having bilingual judges on this commission.
Again, I cannot take this seriously. As I said earlier, the Conservative Party appointed a unilingual anglophone auditor general. I have to say that he did learn French afterward. Who appointed unilingual anglophone justices to the Supreme Court? It was the Conservative Party. Who appointed a unilingual anglophone minister of foreign affairs who did not speak a word of French? A francophone who does not speak English would never be appointed minister of foreign affairs. That would just be too bad for the anglophones.
In terms of credibility, we cannot trust the federal parties to promote and defend French.
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- Jun/6/24 8:03:47 p.m.
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Madam Speaker, as usual, I was impressed by my colleague's speech. That is to be expected, since he is a Bloc Québécois MP, after all.
I want to make one thing clear. We hear the same argument every time: If a unilingual francophone were to apply for the job, would we not want them to have the job because the incumbent should be proficient in both official languages? They make the same argument every time. However, what is the reality? Has there ever been a unilingual francophone Supreme Court judge? Has there ever been a unilingual francophone governor general? The answer is always no. It is not surprising. French is in the minority here, in this great land my friends call Canada.
I would like to ask my colleague if he thinks they are serious when the only argument they raise against the idea of requiring someone in an important position to be proficient in both official languages is to say that it would prevent a unilingual francophone from getting that position.
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- Jun/6/24 8:04:46 p.m.
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The hon. member for Rimouski-Neigette—Témiscouata—Les Basques has 40 seconds to respond.
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- Jun/6/24 8:04:49 p.m.
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Madam Speaker, it will take me more than 40 seconds to explain how discrimination against francophones has been going on for as long as Canada has existed. We were promised reconciliation and substantive equality. We were promised that institutional bilingualism would be the salvation of francophones.
The Liberal Party, the Conservative Party and the New Democratic Party are federalist parties that are stacked with and controlled by the anglophone majority. Sometimes they feel generous and toss Quebeckers and francophones a bone now and then. However, when the time comes for concrete action to establish substantive equality between the two official languages, then the bones stop coming and all attempts at appeasement end.
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Madam Speaker, I rise this evening to speak in support of Bill C-40, an act to amend the Criminal Code. This miscarriage of justice bill represents a critical step in our ongoing efforts to reform the criminal justice system and to address the systemic inequities that have long plagued it, particularly for indigenous people, racialized communities and marginalized Canadians.
For the better part of a decade, the New Democrats have called for the establishment of an independent commission to investigate wrongful convictions. In late 2021, we supported expediting Bill C-5 in return for the Liberals' promise to create this commission, which Bill C-40 finally delivers on. Justice delayed is justice denied, so we must act swiftly to ensure that those who are wrongfully convicted have a pathway to justice free from the delays and limitations of the current system.
The current process, where the Minister of Justice reviews applications for miscarriages of justice, has proven inadequate. Each year, dozens of applications are filed, yet only a handful proceed to investigation. Bill C-40 would address this by shifting the review power to an independent miscarriage of justice review commission, which would have the authority to direct new trials or hearings, or refer matters to a court of appeal. This independent body would not be an alternative to the criminal justice system, but an essential adjunct that would create a fair and impartial review process.
The commission would consist of a chief commissioner and four to eight other commissioners appointed to reflect the diversity of Canadian society, considering gender equality and the overrepresentation of indigenous and Black persons in the criminal justice system. This diverse composition is crucial for building a commission that understands the unique challenges faced by marginalized communities.
Indigenous women in particular have disproportionately suffered miscarriages of justice. They are often charged, prosecuted, convicted and imprisoned due to systemic failures within the criminal justice system and the broader societal failure to protect them from racism, sexism and violence. According to the Senate report on the injustices experienced by indigenous women, expert witnesses have repeatedly highlighted these systemic issues. Bill C-40 is a necessary step toward addressing these deeply rooted injustices.
New Democrats worked tirelessly to improve Bill C-40 at the committee stage. We supported amendments that would ensure applicants can apply to the commission without having to receive a verdict from a court of appeal or the Supreme Court of Canada. This would remove a significant barrier for those who are wrongfully convicted but lacking the resources to continue lengthy legal battles. We also proposed amendments to empower the commission to make recommendations addressing systemic issues that lead to miscarriages of justice. This proactive approach can help prevent future injustices. Additionally, we ensured that Correctional Service Canada and the Parole Board of Canada would be informed of the importance of not obstructing applicants from accessing programs and services due to their review applications.
It is important to note that the last significant reform to Canada's conviction review process was in 2002. Since then, we have seen the establishment of similar independent commissions in the U.K. and New Zealand, demonstrating the efficacy of such bodies in addressing wrongful convictions. Canada must follow suit and ensure timely justice for those who are wrongly convicted.
Bill C-40 has received support from various stakeholders, including the Canadian Association of Elizabeth Fry Societies, the University of British Columbia's innocence project, and Innocence Canada. These organizations, along with experts like Dr. Kathryn Campbell from the University of Ottawa, have been instrumental in advocating for this crucial reform.
While we commend the Liberals for bringing this bill forward, it is long overdue. The delays in tabling and debating this bill are unjustifiable, particularly given the urgency of addressing wrongful convictions. Many individuals continue to serve lengthy sentences due to miscarriages of justice, and every day of delay is a day too long for them.
The Conservatives have obstructed this process at every turn with filibusters and threats of further delays. We urge all parties to put aside partisan differences and work together to ensure the swift passage of Bill C-40. Time is of the essence, and we must ensure that this bill receives royal assent before the summer parliamentary recess.
Bill C-40 offers a long overdue pathway for those wrongfully convicted to seek justice. It represents a significant step in addressing the historic and systematic injustices within our criminal justice system. New Democrats are in support of this bill and call on all members of the House to do the same. Let us move forward with a shared commitment to justice, equity and the rule of law.
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Madam Speaker, I appreciate my colleague from Edmonton Strathcona so much. We work together on several files involving international injustices and human rights. We work together amazingly well.
Now, however, we may have a disagreement over Bill C‑40. As we have mentioned throughout this debate this evening, we were very disappointed with the way the NDP members voted on a Bloc Québécois amendment that simply called for the commissioners of this future commission to be proficient in English and French, the two official languages.
Since we have spent all evening talking about justice, equity and equality, does my colleague not believe that, unfortunately, there may be an injustice when some francophones apply to this commission to defend their rights and are faced with commissioners who do not speak their language?
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Madam Speaker, I apologize to my friend. I do not speak French very well, so it is hard for me to express myself on this issue. I will therefore speak in English. I am sorry.
The importance of the French language is vital. The riding of Edmonton Strathcona, which I am so happy to represent, has the French Quarter in it. In fact, 20% of our population identify as francophone in our communities.
When I spoke today of Bill C-40, one of the things I addressed is that there is a disproportionate impact on indigenous women. For me, it is important that every Canadian, whether they are francophone, indigenous or whatever region of the country they are from, is able to be represented adequately. I would need to ensure that there were services available in both official languages.
I would also want to make sure that all of those people who are on the commission adequately represent the population of Canada, particularly those who are marginalized and who are deeply impacted by our criminal justice system.
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- Jun/6/24 8:13:49 p.m.
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Madam Speaker, would the member for Edmonton Strathcona agree that we could pass legislation that would create an independent commission that is fair, open and efficient, but does not necessarily lower the threshold for review? The member for Etobicoke—Lakeshore said it does not lower the threshold at all. That then leaves me asking why we would change the wording.
How is the bill better with the language that we say lowers the threshold unnecessarily?
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- Jun/6/24 8:14:34 p.m.
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Madam Speaker, I think the member was not listening when I said what we have in Canada has not been updated since 2002. That means that, for 22 years, we have not looked at this judicial process.
It is not working. It is not working for marginalized people, particularly indigenous women in this country. It needs to be updated. It needs to be made more relevant so that justice is not denied to those people who are particularly marginalized.
The work that the committee has done makes this a better piece of legislation. It makes it stronger. I am upset that it has taken us so long to get to the point where we can pass this bill. I hope that we can get it through the House before the parliamentary break.
By all means, we do not need to put more barriers around justice for indigenous women in this country. We need to work to remove those barriers so there is justice for every Canadian equally.
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- Jun/6/24 8:15:54 p.m.
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Madam Speaker, I move that the House do now adjourn.
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