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Decentralized Democracy

House Hansard - 336

44th Parl. 1st Sess.
September 16, 2024 11:00AM
  • Sep/16/24 3:08:38 p.m.
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Colleagues, I would appreciate being able to hear the hon. member's response. The hon. Minister of Justice and Attorney General for Canada from the top, please.
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  • Sep/16/24 4:06:44 p.m.
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Madam Speaker, I think it is shameful, because justice delayed is justice denied. It has been 15 years already. Canadian families have suffered from this punitive, unconstitutional law created by the Conservatives, and now they want to delay it even further. We have debated this ad nauseam. I have lost count of how many times I have made speeches on lost Canadians. It is time to act, and it is shameful that the Conservatives will not do what is necessary and what is right.
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  • Sep/16/24 4:24:50 p.m.
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Madam Speaker, I will try to be as brief as possible. Something that was shared with me, and I want to ask the member his thoughts on it. We know that at least 1.48 million Canadians here and abroad are being violated by the current law. Justice Akbarali, in her June decision, talked about the estimated 170,000 women born abroad who are within the age range when people often start families being affected by this law. She talked about the impacts of this, with children becoming “stateless”. It leads “to women having to make choices between their financial health and independence...and their physical health”. It separates families and forces “children to stay in places [where they] are unsafe”. Justice Akbarali goes on from there. What are the member's thoughts on these comments?
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  • Sep/16/24 4:40:14 p.m.
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Madam Speaker, I thank my colleague for his question and for what he said. We are here to do the good work of Canadians, wherever they live in this country. This injustice with lost Canadians was caused by a Conservative government under Mr. Harper. He put in measures that were deemed unconstitutional, whether it was for immigration, for justice measures and so forth. That is what happened. They go to the courts. The Conservatives do not like the courts. They do not like the court system and the judges. I hear some heckling on the other side. Again—
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  • Sep/16/24 5:08:18 p.m.
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Madam Speaker, the fact of the matter is that I believe that our citizenship is sacred. It is something all of us, especially in this room, have a responsibility to uphold and to dignify, and I believe that a question of such importance, namely who is able to be granted Canadian citizenship, should not be determined by an Ontario Superior Court of Justice judge. I believe it would have been in the interest of Canada and the Government of Canada to appeal that decision to higher courts, so ultimately the Supreme Court of Canada could have made a decision on jus soli and its implications moving forward. That said, I will not answer a hypothetical question about what the Supreme Court could or could not have done.
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  • Sep/16/24 6:39:33 p.m.
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Mr. Speaker, first of all, let me thank the member for Nunavut and the member for Timmins—James Bay for bringing this very important debate forward. Let me also express my deepest condolences to those who have been impacted. We have been struggling with the notion of systemic racism in law enforcement for many years and across different jurisdictions. In this particular case, it was in different areas and involved different police services. What would accountability and truth look like in these cases? I know there cannot be one particular answer because they are all different, but I would like to get a sense from the member of what she feels justice would be.
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  • Sep/16/24 8:27:01 p.m.
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Madam Speaker, I thank the member for Winnipeg North for his leadership. This morning I read a CBC article about which MPs are less active in the House. I actually found it interesting to see the opposite, or in other words, which MPs are the most active in the House and which ones contribute most to the debate. The article showed that my colleague contributes a lot in terms of quantity, but this evening he has also been contributing in terms of quality. Raising the bar for our police forces and those who ensure that we live together in harmony in our society is a critical solution. I would like to share some thoughts with the House. At the Standing Committee on Indigenous and Northern Affairs, we heard from the Correctional Investigator of Canada. He conducted an investigation that generated statistics that prove that indigenous persons are overrepresented in the prison system. That means that we need to also take a look at our justice system. Why do judges paint the things that happen in indigenous communities with the same brush? The “by one's peers” aspect is being completely overlooked. When we look back in history a little, it is interesting to see that reports have been made every year, practically every decade, and they get shelved when they talk about indigenous issues. A great friend of the family, Justice Jean-Charles Coutu, who was recently made an Officer of the Order of Canada, it should be noted, published the Coutu report in the 1980s and the Coutu proposal. I will name a few elements. The creation of a new indigenous justice would help revitalize Inuit practices, including the circle. We know that, in indigenous communities, being rejected by one's peers is often much more serious than justice itself. Being isolated in prison often leads to problems that make it very hard for people to become functional in the community again. Peers have a very significant impact. We need to reflect on that further. The diversion of certain elements would help communities reappropriate, little by little, some judicial powers, while distributing them among several representatives to achieve balance in the different communities. These elements—
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  • Sep/16/24 8:42:15 p.m.
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Madam Speaker, I would like to thank my wonderful colleague across the way, whom I worked with so closely on putting forward and realizing a red dress alert. In fact, we just tabled the study in the House today, which was just so exciting. We hear a lot of rhetoric from the Conservative Party about tough-on-crime approaches. I know that tough-on-crime approaches do not work. I will be sharing an example of how they do not work this evening in my intervention. How does my colleague feel about this rhetoric of being tough on crime, getting people off the street, enforcing treatment or violating constitutional rights? Does she feel that this could potentially worsen the situation, particularly for indigenous people, and the justice system right now?
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  • Sep/16/24 9:32:42 p.m.
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Mr. Speaker, I will give a good, positive example from what the province of Alberta is doing, because it often leads the way when dealing with indigenous communities. We can look at what the Siksika are doing. They are working to build their own justice system. In fact, I believe construction on a new courthouse has already started where they will be able to implement their own restorative justice practices. We can look at what Alberta has done with police service contracts. We were talking about those doing one-year contracts, but Alberta in many cases is moving toward three-year funding models, which give some predictability to indigenous police services. Alberta is moving in that direction, and I think other provinces and the federal government need to do the same, because the conversation has been going on too long. We need to see action. Listening to the voices on the ground is exactly what we need to be doing more of.
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  • Sep/16/24 9:59:24 p.m.
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Mr. Speaker, there are a couple of levels to that. One is that it is so normalized, it does not even get covered. The fact is that six indigenous people, within a span of a couple of weeks, lost their lives at the hands of our so-called justice system and it barely made the news. What is making it worse is the extremist, misinformation, alt-right media outlets that perpetuate racism against indigenous people, including with things like residential school denialism. How we get our media and where our media comes from are just as important as what is covered, and the government needs to do a lot more to deal with the growing misinformation and to become a champion of justice. These are constitutional issues that we are talking about. The violation of human rights is so normalized in this country that it does not even make the news.
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  • Sep/16/24 10:01:23 p.m.
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Mr. Speaker, I certainly cannot answer what justice will look like for the families and how they will get the justice and closure they need. What I can say is that we have had several major reports, including the aboriginal justice inquiry, the National Inquiry into Missing and Murdered Indigenous Women and Girls and the final report of the TRC. I do not think we lack responses. We have the responses. I hear the government and the opposition say that we need indigenous people to lead the way. We have led the way. We need governments to respond to calls to action and calls for justice. We need a response if we want to move forward to deal with systemic racism in this country.
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  • Sep/16/24 10:02:19 p.m.
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Mr. Speaker, to follow up on what my hon. colleague said, it is very clear what MMIWG call for justice 5.4 says. It does not say to maybe at some point look at indigenous policing. It says, “immediately and dramatically transform Indigenous policing”. I am wondering whether, in her opinion, she thinks that in the nine years the Liberal government has been in power it has done enough to do that.
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  • Sep/16/24 10:03:00 p.m.
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Mr. Speaker, my answer to that is certainly no, but if we look at the National Inquiry into Missing and Murdered Indigenous Women and Girls, there are not just calls to government; there are also calls to police. There was a study at the status of women committee, and I asked a chief of police if he could name the calls for justice related to policing and he could not. The onus is on everybody. The Prime Minister has called what is going on with murdered and missing indigenous women and girls an ongoing genocide, yet we get incremental responses to deal with that ongoing genocide. That is how normalized systemic violence is to indigenous people. We can make all these grand statements, but when we want people to ask, we are supposed to be happy with twopence. Meanwhile, our relatives are being killed by police almost on a weekly basis in this country, at least. That is unacceptable.
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  • Sep/16/24 10:29:25 p.m.
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Mr. Speaker, I use a reference quite often about action being where the rubber hits the road. It is about actually getting stuff done. It is interesting that my colleague, as a member of the indigenous and northern affairs committee, answered the parliamentary secretary's question. It is not time for more reports. I know there are the 94 calls to action from the TRC. I believe there are 231 calls for justice from the murdered and missing indigenous women inquiry. It is time to make sure that action happens when it comes to policing. I will be the first to admit that I am not an expert on the models and whatnot that need to happen, but that is where indigenous communities need to be the ones that lead the conversation to ensure that they have what they need, whether it is funding, institutions or justice supports, to ensure that they are set up for success. I can also share that I have spoken to some indigenous leaders who have said this stuff has to be done right, and it has to be done right in partnership with those indigenous communities because there would be nothing worse than for a system to be brought in that is dictated from an office tower in a capital city that then ends up failing. Imagine the pain and the hurt of not only facing the challenges they face from historical institutions, but also not doing it right with an attempt to fix an institution. Members can imagine the trauma that would be associated with that. To the member's exact point, we need to make sure that this is addressed in a way that actually gets the job done so that indigenous communities are able to be empowered in a way that makes sure that not only do these sorts of tragedies do not happen, but also that indigenous communities from coast to coast to coast are well served.
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  • Sep/16/24 10:32:41 p.m.
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Mr. Speaker, after reading this report from the Auditor General, I see how it is damning that, while money is being allocated and, in many cases, spent, it is not ending up where it needs to be. I would simply share, related directly to this, but on the justice file specifically, how the FSIN in Saskatchewan has talked about an example of this would be in relation to the parole board. I have had the opportunity to meet with various leaders over the course of my time. Although the Liberals talk about all the great things they do, including in relation to the justice system, the real consequences of what they have delivered is death and destruction in communities. This is not something that I am simply making up or embellishing. It is absolutely astonishing to read the words of the FSIN. It is taking on the dollar question and how that affects the lives of indigenous peoples. It has resulted in absolute tragedy. We have to do better as a Parliament and as a government to ensure that dollars are spent, whether it is for core administration, respecting indigenous communities or making sure that communities are empowered. We have got to do better. We owe it to indigenous communities across the country to make sure it happens.
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  • Sep/16/24 10:46:49 p.m.
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Mr. Speaker, my colleague stressed the need for action, and we are aligned on this. There are countless reports and studies and calls for justice and calls to action. I am going to cite call for justice 5.4 from the National Inquiry into Missing and Murdered Indigenous Women and Girls. It is very clear in its language. It states: ...to immediately and dramatically transform Indigenous policing from its current state as a mere delegation to an exercise in self‐governance and self‐determination over policing. To do this, the federal government’s First Nations Policing Program must be replaced with a new legislative and funding framework.... It goes on. Here we are in 2024, after nine years of the current government. When will we actually see action on this call to justice?
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