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Decentralized Democracy

House Hansard - 332

44th Parl. 1st Sess.
June 14, 2024 10:00AM
Context: House Hansard - 332 - Jun/14/24
Mr. Mark Gerretsen
  • Jun/14/24 10:14:04 a.m.
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Madam Speaker, if we do not give the commission the tools that it needs to do its work, then we are basically setting it up for failure. What those supports are exactly and how much it needs, in terms of resources, is to be determined. I would agree with the member that the supports and resources, financial resources in particular, to do the work the commission needs to do, to do the investigative work, and to ensure that people have access to the appeals process, need to be properly funded.
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Context: House Hansard - 332 - Jun/14/24
Mrs. Tracy Gray
  • Jun/14/24 10:21:17 a.m.
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The minister, in October 2023, stated, “I think there are built-in factors to avoid them getting all the way through the floodgates. You still need to meet the threshold criteria. You need to have exhausted your appeals, at least to a court of appeal or, in some instances, all the way to the Supreme Court of Canada.” However, since that date, in October 2023, the government has changed its approach. It has removed that requirement altogether. What it originally stated last year, with this legislation, was in fact not what we have before us today. In particular, the amendments made at committee are very far apart from the original comments that were made in the original tabling of the legislation. As I mentioned, Conservatives did support this at second reading to go to committee. The Liberals made amendments at committee. They are really going around the appeal system, and this makes it very difficult for us to support the legislation. One other thing I want to mention is that unlike the current process where the Minister of Justice decides whether a miscarriage of justice has likely occurred, this new commission would decide whether a miscarriage of justice may have occurred and whether it is in the interest of justice to direct a new trial or to refer the case to the Court of Appeal. Wording does matter. That is why it is very important that in legislation, especially when we are talking about judicial legislation, every word is really thought about very carefully. Some of the issues that I have brought forth are really problematic. There really is quite a gap from the statements by the minister, the statements that were originally from the government. It is really quite a departure from what the original intention was. We support the intention of the legislation. We support the original direction of this and the concept of it; however, once we get into the details, there are some problematic parts of this, which I have mentioned. I look forward to any questions.
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