SoVote

Context: House Hansard - 329 - Jun/11/24

Jun/11/24 4:51:38 p.m.
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Mr. Speaker, I wish I had an answer. The only thing I can do is speculate that somehow, for some reason, there is a partisan interest in ensuring that wrongfully convicted men and women continue to remain in prison in this country. That, to me, is a shocking proposition, and I desperately hope that I am incorrect in that regard. I would also point out to the member for New Westminster—Burnaby that the member for Fundy Royal prides himself on championing victims' rights. He has raised this repeatedly at the justice committee. For his own edification, I would reiterate that a dedicated victim services coordinator to support victims, explain the review process and assist with the development of procedural policies is entrenched in the bill. The only conclusion I can draw is that, if someone is a victim of a crime, then they are supported by the Conservative Party of Canada, but if one is a victim of a wrongful conviction, they are simply left to fester in prison. That kind of intellectual inconsistency is unbefitting of this chamber and should be a subject of reproach for His Majesty's official opposition.

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Context: House Hansard - 329 - Jun/11/24

Hon. Arif Virani

Jun/11/24 5:07:35 p.m.
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Mr. Speaker, David Milgaard's case is taught in every law school in this country. It was certainly taught to me in 1995 when I was at U of T's law school. It is taught because the injustice that befell that individual was such a tragedy, that he was wrongfully convicted and served for over 20 years in prison for a crime that he never committed. He carried that as an albatross but also as a force for change going forward after his removal from prison, as did his mother. This bill is actually named David and Joyce Milgaard's Law because the then-minister of justice, David Lametti, made a direct commitment to that family that he would get the bill done. What I am trying to do right now is to see that commitment through. It is important to David Milgaard. It is important to every law student and every lawyer out there. It is important to everyone who cares about the justice system. Most importantly, it is important to the people, hopefully, who are listening right now from prisons around this country and understanding that if one is wrongfully convicted, there is a means for restoring justice for one in one's particular case, and this commission will help do that. That is vindicating David Milgaard and what his life stood for, and that is vindicating the rights of Canadians everywhere in this country.

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Context: House Hansard - 329 - Jun/11/24

Hon. Rob Moore (Fundy Royal, CPC)

Jun/11/24 5:08:45 p.m.
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Mr. Speaker, it is hard to know where to begin. He compares the new system to the United Kingdom. The United Kingdom requires, with regard to applicants for a wrongful conviction, for the commission to consider that there is a real possibility that a wrongful conviction occurred. In the case that he has put forward now for Canada, the new rule will be that a miscarriage of justice may have occurred. Minister Lametti urged the committee to consider the importance that this is not simply another avenue or another appeal. What the minister has done is remove the requirement to appeal. What we will be doing is opening the floodgates for everyone who is convicted, at first instance, who feels they did not get a fair shake, to now go back into the system. This revictimizes victims. We know that the government is failing when it comes to justice. The stats bear that out. I will not list them all, but virtually in every way that one measures, crime in this country has gotten worse. Flooding our justice system for re-hearing cases of those that have been convicted of serious crimes only serves to revictimize true victims. If the minister knows of individuals who he feels have been wrongfully convicted, he is in a position to do that. As justice minister, there is currently a process for those who have been wrongfully convicted. This process, as put forward, is deeply flawed. I would ask him to reconcile the U.K. standard, that there is a real possibility of a miscarriage of justice or wrongful conviction, versus his new made-up standard, of which there is no international parallel, that a miscarriage may have occurred.

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Context: House Hansard - 329 - Jun/11/24

Hon. Bardish Chagger (Waterloo, Lib.)

Jun/11/24 5:14:18 p.m.
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Mr. Speaker, I have the utmost confidence in our independent institutions, especially when it comes to our justice system. I know oftentimes people in this chamber like to pretend they are judge and jury, but I know there are people without partisan stripes who are able to do that work, and that is why that confidence remains. I also know that our justice system is not perfect and, though mistakes are rare, what we are noticing is that there are mistakes made and they should be corrected in an efficient manner. I have heard from constituents as well that wrongful convictions have a devastating impact on a wrongfully convicted person, but also on the victims who deserve truth and justice. We are going to have to go through report stage because members of the Conservative Party of Canada decided, at report stage, to amend the legislation so that nothing would exist in it, meaning once again they do not want to address the concerns that exist. The minister spoke about systemic racism and discrimination that we know exists within our country. I would like to hear from the minister what measures have been put in place, so that when this commission and the steps are established, we do it in a way that we learn from the past and that the very people who we are trying to serve are served.

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