44th Parl. 1st Sess.
June 6, 2024 10:00AM
Madam Speaker. I am very pleased to speak tonight to Bill C-40 , the miscarriage of justice review commission act, David and Joyce Milgaard's law. This legislation would transform the process for identifying and remedying wrongful convictions in Canada. This change is overdue and would be a monumental improvement to justice in our country.
As a member of the Standing Committee on Justice and Human Rights, I participated in a study of Bill C-40. We heard from numerous witnesses, including the minister and his officials. We also heard from retired justice Harry LaForme and Professor Kent Roach, who were instrumental in the public consultation process that preceded the development of this legislation.
We heard from James Lockyer, a founding member of Innocence Canada, which has been at the forefront of the issue of wrongful convictions for over 30 years. Mr. Lockyer was also involved in David Milgaard's infamous case, and he is the namesake of this legislation. After being released from prison, where he served 23 years for a murder he did not commit, David Milgaard dedicated his life to advocating for legal reforms to make the miscarriage of justice review process more fair, open and efficient. I hope to do right by David Milgaard, as well as his mother and fierce advocate, Joyce Milgaard, and their family and get this legislation passed promptly.
I also want to take a moment to express my sincere thanks to the former minister of justice, the Hon. David Lametti. He demonstrated extraordinary dedication to the issue of wrongful convictions and was a fierce advocate for the creation of an independent commission in Canada. This bill is a testament to his hard work and careful consideration. Our justice system will be better for David's commitment to this cause, and I thank him.
Unfortunately, this critical legislation has faced opposition at every turn from the Conservative members. At the committee, the Conservative members filibustered for over 30 hours. This delay meant that the valuable work of our committee ground to a halt. It was also a slap in the face to everyone in Canada who is suffering because of a potential miscarriage of justice. Rather than do good work and change our justice system for the better, Conservatives decided to stall and play games.
At the start of this current parliamentary stage, Conservatives put on notice amendments to delete every single clause in the bill. This was a ridiculous attempt to slow down the work we do as parliamentarians, to the detriment of all of our constituents. It is also, once again, offensive to the people who are waiting desperately for access to justice. Playing games with people's freedom and their lives is beneath all of us. I am very disappointed to have seen the Conservatives' total disregard for this important work.
I would now like to speak to the importance of this legislation and the amendments made at committee. The idea of establishing an independent miscarriage of justice review commission has been recommended in several commissions of inquiry reports in Canada, including in the case of Donald Marshall, Jr. in 1989; Guy Paul Morin in 1998; Thomas Sophonow in 2001; James Driskell in 2008; and David Milgaard in 2008.
Similar independent commissions have been established elsewhere in the world. We are not the first to reach this important step. In 1997, a commission was created for England, Wales and Northern Ireland. Scotland created its commission in 1997. The State of North Carolina established a commission in 2006, and New Zealand created theirs in 2020.
At the justice and human rights committee, we had the benefit of hearing from lawyers who worked in the commissions in North Carolina, and in England, Wales and Northern Ireland. It was very helpful to hear from them, given the years of experience their commissions have had in this area. It was particularly helpful to hear that the commission in England, Wales and Northern Ireland allows, in exceptional cases, applications from people who did not seek appeal.
The witnesses mentioned at committee that the mental health and marginalization of an applicant are issues they consider in admitting applications in such cases. They also consider whether the nature of the miscarriage of justice is something that requires an investigation using the commission's special powers to access evidence. A witness also highlighted that one in three of the referrals for new appeals made by the commission in the U.K. is a case that was not appealed. Therefore, a significant proportion of the claims the commissions consider to be worth pursuing are of convictions that were never appealed. This information motivated the committee to amend the bill to provide greater flexibility for our commission.
As amended, the commission would allow applications in respect of cases that were not appealed, but only in exceptional cases. I am pleased that the committee made this important improvement to the legislation. The vast majority, if not all, of the witnesses who appeared in the committee agreed with this important discretionary element, including The Canadian Bar Association, the Criminal Lawyers Association, the dean of law at the University of Sherbrooke, and the Innocence projects in Quebec, at the University of British Columbia and at the University of Ottawa.
Several witnesses also raised the importance of preventing miscarriages of justice and the commission's role in addressing systemic issues. When he appeared before the committee, the minister explained that there were many proactive elements included elsewhere in the bill. Nonetheless, there was interest among committee members to include a specific power in the commission's mandate provision to address systemic causes of wrongful convictions.
Bill C-40 has, therefore, been amended to allow the commission to make recommendations to address systemic issues that may lead to miscarriages of justice. These recommendations will be directed toward relevant public bodies, including the Law Commission of Canada; federal departments and agencies; federal, provincial and territorial working groups; and parliamentary committees. The member for Esquimalt—Saanich—Sooke proposed that amendment, and I would like to thank him for that. He has supported this bill, as always, and has been a strong advocate for improving our justice system. This member also proposed the bill's final amendment.
We heard at committee that people who profess their innocence may face challenges before, during and after they seek a review of their case as a potential miscarriage of justice. To reduce stigma and exclusion to programs, while they continue to serve their sentences, the bill now provides that the commission will be able to raise with Correctional Service Canada and the Parole Board of Canada the importance of not excluding applicants to their programs as a result of them having made an application for review on the grounds of miscarriage of justice.
Bill C-40 is very important legislation that is widely supported by external stakeholders and by many members of the House. Many people have been waiting for decades to have an independent miscarriage of justice review commission and for the review process to be more transparent and efficient. I hope that we can pass this legislation at third reading as quickly as possible so that it can be referred to the other place and can continue to make progress through both Houses toward royal assent.
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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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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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