“The Green Party of Canada is calling for a Victims First approach to justice in this country,” said Green Party Leader Elizabeth May.  “For far too long we have been obsessed with a re-active justice system that knows only punishment. We can do better.”

Shifting the Conversation calls for an approach to justice that puts the needs of the victims first and highlights three areas where practical changes need to be made:

• ensure more information is available to victims regarding their rights and the offender who harmed them;
• allow victims to participate more meaningfully throughout the criminal justice process; and
• increase tangible, financial supports for victims.

“There can be no justice until the needs of victims are met,” said Jared Giesbrecht (Green Party Justice Critic).  “The Green Party stands with victims, victim advocates, and service providers in calling for a Victims First model of justice as well as a greater focus upon crime prevention.  The recommendations of this report should be taken very seriously by this government and implemented as soon as possible.”

“This government is pouring tens of millions of tax dollars into building prisons across the country, but has forgotten the whole point of a justice system – support victims and prevent crime,” said Mr. Giesbrecht.  “One of the best ways to acknowledge and respect victims of crime is to make crime prevention a central priority of the federal government.  Crime prevention is victim prevention.”

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Hon. Irwin Cotler: Mr. Speaker, as time did not permit, I would like to make some reference to the question of costs as it can also be a drain on the system.

This particular legislation may not always appreciate some of the unintended consequences or even of necessary amendments with respect to the burdens on the system itself. It may require other actors, the federal and provincial governments, to involve themselves with respect to the proper allocation of resources such as the judiciary, crown attorneys and the involvement of probably the most senior attorneys in this regard, with respect to the legal aid and ensuring appropriate access to justice, we need to also look at the various models, and the provincial attorney general would do so, to see where the best case management models have occurred and what kind of changes would be needed, not only with regard to costs.

To conclude, if this legislation is going to work in the way we need it to work, then it is going to involve every actor in the legal system in general and the criminal justice system in particular. It is going to involve each of these actors to see how they can work in a most effective and collaborative model.

I do not think the reforms are going to end with this piece of legislation. As I said, federal and provincial governments, as well as our own Parliament are going to have to look beyond this legislation for the necessary reforms that will have to take place.

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I am very pleased to have the chance to speak to this bill on second reading. I have studied it extensively. I believe the approach to accelerating megatrials is sound, particularly with the appointment of a case management judge. This should help. I think all members of the House should also be cognizant that we need to do more. We will need more resources for judges. We need to appoint more judges at the federal level. Our provincial colleagues may also need more resources to ensure these trials go quickly.

I have one specific concern about one piece of legislation that I do not think is entirely necessary, and I would be grateful for the member’s comments. My concern is about taking away the right of an accused person on preferred indictment to seek bail. It is not really a necessary piece of the legislation to accelerate trials. I wonder if she could speak to that.

Kerry-Lynne D. Findlay: Mr. Speaker, all the measures in this bill are meant to increase efficiencies within the system. They are meant to deal with the preliminary aspects of these long and complex trials. There are changes with respect to the regular and preferred indictment provisions. However, if the member opposite would look at them more carefully, she would see that they do not lead to the conclusion she has drawn.

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The  legislation would affect how so-called “mega-trials” – criminal proceedings  involving numerous defendants and charges – are conducted. The changes would  particularly target cases involving alleged terrorism or organized crime.   The Green Party has consulted renowned civil rights lawyer Clayton Ruby  for an expert opinion on the legislation.

“I’m concerned that this Bill  imports US style justice for no good purpose. A good example is the clause which  states jurors should be referred to in court by a number rather than name.  This  is fear based, and I am rather proud of the fact that in Canada we have jurors  who without fear stand and deliver their verdict, for which they are openly  responsible.  I’ve never seen a case of jury threatening in 40 years at the  Bar,” said Mr. Ruby.

The Green Party Leader has specific  concerns around the encouragement of preferred (or direct) indictments in the  Bill.  A preferred indictment means the Crown has decided to deprive the accused  of the step of a preliminary inquiry to determine there is enough evidence to  justify a trial.  Currently the accused can apply to be released on bail at the  end of a preliminary hearing, or if an indictment is preferred, immediately  after that happens. Under the proposed law, that chance of release from custody  is lost. “A preliminary enquiry allows the accused to test the evidence and to  cross-examine key Crown evidence before a trial. The strength of a prosecution  case may change at this stage,” said Ms. May.  “These are very specific changes  that could have larger implications and need to be examined in  committee.”

“Although  there is definitely a need to address these issues in order to speed these  trials, there are elements to these proposed changes which have the potential to  undermine fundamental principles of our justice system. We need to hear expert  testimony on these issues before we proceed,” said Ms. May.  “In  general, it is simply bad precedent to rush through legislation without hearing  from any witnesses.”

There is  pressure to pass the legislation quickly following the dismissal of proceedings  against 31 alleged members of the Hell’s Angels motorcycle gang in Quebec when  the judge ruled the trial would take too long.

“There is  an old legal adage that  hard cases make bad law.  The government is rushing because 31  Hells Angels were let out of jail. This bill does not put them back in jail,” said Ms. May. “It may not speed trials as much as people hope, and we don’t want  to compromise future criminal trials. We cannot afford to move rashly on an  issue of this importance.”

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