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FEDERAL-PROVINCIAL-TERRITORIAL MEETING OF MINISTERS
RESPONSIBLE FOR JUSTICE
CALGARY, Alberta - November 6, 2002 – Federal-Provincial-Territorial
Ministers responsible for Justice concluded their meeting here today. The meeting
was co-chaired by Martin Cauchon, Minister of Justice and Attorney General of
Canada and Wayne Easter, Solicitor General of Canada and their Alberta hosts,
the Minister of Justice, Dave Hancock and Solicitor General Heather Forsyth.
The following items were on the agenda and discussed by Ministers:
Legal Aid
Canada’s Ministers responsible for Justice have agreed to work together on
a renewal strategy that will ensure that the legal aid needs of disadvantaged
Canadians are met in a fair and equitable manner.
All provincial and territorial Ministers called upon the federal government
to resume its role as an equal partner in funding legal aid including a return
to 50/50 cost sharing for criminal legal aid.
The federal government committed to working with the provinces and territories
on a strategy that would involve: an action plan that allocates legal aid funding
in a fair and equitable manner; resources for criminal legal aid; and, development
of a mutually agreeable solution for dealing with court-ordered counsel and
fees, as well as addressing innovative ways to deliver legal aid services.
It was also noted that governments should review criminal and other procedures
such as remand, immigration and refugee procedures that generate undue legal
aid and other administration of justice costs.
Preliminary Inquiries
Extensive work has been done in examining the continuing value of preliminary
inquiries. There was strong support among many provinces and territories for
the elimination of preliminary inquiries. Recognizing that some governments
wish to retain the procedure, Ministers directed deputies to examine the alternatives
to reduce the use of preliminary inquiries and minimize the number of offences
for which they are available.
Intermittent Sentences
Provincial/Territorial Ministers of Justice called on the federal government
to amend the Criminal Code to more clearly define when intermittent sentences
can be imposed and to give provinces and territories the ability to establish
an alternative program whereby intermittent sentences could be served by participation
in a non-custodial program. This, if undertaken in a province or territory
could be imposed as a substitute for custodial intermittent sentences.
Ministers asked their officials to look at options and report to Deputy Ministers
early in the new year.
Conditional Sentences
Some Provincial and Territorial Ministers raised concerns about the use of
conditional sentences in inappropriate circumstances, such as for serious violent
and sexual offences and particularly offences against children.
A report by the House of Commons Standing Committee on Justice and Human Rights
on the results of a review of the use of conditional sentencing is expected
next year. The federal Minister of Justice reminded his colleagues of the need
to advise the federal government of examples where the regime is not working
well and said he would convey their views to the Committee. In the meantime,
the federal Department of Justice is monitoring the use of conditional sentencing.
Protection of Children
Federal, Provincial and Territorial Ministers agreed on the need to take measures
that will provide better protection to children from sexual exploitation, including
child pornography. In this regard, a number of Ministers expressed concerns
with existing laws as they relate to written child pornography and the defence
of artistic merit. Some Ministers also expressed the view that the current
age of sexual consent should be raised to protect children from sexual predators.
The federal Minister discussed an approach to reforming the child pornography
provisions of the Criminal Code and for creating a new offence dealing
with the sexual exploitation of youth under 18 and agreed to consult further
with the provinces and territories with respect to the proposed reforms.
The federal government will continue to work with provincial and territorial
partners to provide more sensitive treatment for children who take part in justice
proceedings as victims or as witnesses.
Family Law
Provincial and Territorial Ministers asked that the Federal Minister of Justice
take immediate steps to secure on-going and enhanced funding for provinces and
territories to support family law services and priorities and urged the federal
Minister to provide funding to address the additional costs associated with
amendments to the Divorce Act for training, systems/form changes, public
education, etc.
The federal government has committed to reform family law, putting greater
emphasis on the best interests of the child, expanding Unified Family Courts
and appropriate family services. The federal Minister of Justice indicated
he expected to be able to table amendments to the Divorce Act which would
focus on the best interests of the child and the responsibilities of both parents.
Intoxicating Inhalants
Some Provincial and Territorial Ministers proposed
that consideration be given to making the sale of intoxicating inhalants a criminal
offence, when the seller knows that they will be used as inhalants.
Ministers agreed that a federal-provincial-territorial working group would
look at various options as to what could be done on this issue and whether creating
a new criminal offence would be an effective way to proceed.
Cross Examination by Self-Represented Accused
All Ministers were supportive of Manitoba's proposal to limit the right of
a self-represented accused to personally cross-examine victims of criminal harassment.
The federal Minister of Justice indicated an amendment to address this issue
could be included in forthcoming legislation dealing with children and other
vulnerable witnesses.
Victims of Crime
Ministers stressed the need to examine all avenues to protect victims and asked
the Federal-Provincial-Territorial Working Group to explore the advantages and
practical implications of proposed options.
A renewal of the Canadian Statement of Basic Principles of Justice for Victims
of Crime, originally signed by all governments in 1988, is underway. It was
suggested that this be brought to Ministers as soon as possible.
Youth Criminal Justice Act
Provincial and Territorial Ministers were unanimous, with the exception of
Quebec, in expressing their concern about the cost and time frame of implementation
of the Act and urged that certain provisions relating to conferencing
and child welfare assessments be deferred. The federal Minister of Justice
indicated that five-year funding arrangements for implementation have been concluded
with almost all governments. While the federal Minister stated these arrangements
represent an increase over previous funding levels, Provincial and Territorial
Ministers expressed concerns about the level of federal contribution to youth
justice funding.
Provincial and Territorial Ministers requested a return to the 50/50 arrangements
for cost sharable youth justice programs in place prior to 1989 and for future
implementation costs.
The federal Minister of Justice advised his provincial and territorial counterparts
that the federal government will continue with a targeted approach, funding
specific programs and services that support priorities for youth justice shared
by all governments.
In view of the fact that it is contesting the constitutionality of the federal
law in court, Quebec indicated it does not wish to be associated with the position
of the other provinces and territories on this issue.
Spousal Abuse
Ministers spent a half day discussing spousal abuse, reflecting the importance
of this issue. They are committed to continuing to strengthen the criminal
justice system’s response to this issue, emphasizing that spousal abuse is a
criminal matter -- one that the criminal justice system will continue to take
seriously.
Eliminating spousal violence requires a concerted and co-ordinated effort on
the part of governments, communities and individuals. Ministers noted that
several innovative measures and approaches by governments have played a key
role in supporting the implementation of the spousal abuse policies by providing
tools to ensure the system is sensitive to the unique realities of the victims.
Ministers discussed the benefits of these approaches to domestic violence such
as specialized courts particularly when associated with expedited processes
and early treatment programs. It was agreed that research, training and public
education are elements of a successful implementation to any initiatives to
address spousal abuse.
Recommendations from the Federal-Provincial-Territorial Sentencing Working
Group on manslaughter in domestic violence cases will be referred to officials
for further research and action.
Ministers agreed that this would be a regular item on the agenda of future
meetings.
Mega Cases
Quebec described the challenges in dealing with the management of large and
complex trials and suggested possible ways to address them.
Ministers agreed that some of the issues raised relate to fundamental problems
with the justice system and its processes.
Quebec suggested that the minimum number of jury members in these mega cases
could be reduced from ten to eight. Quebec also suggested that when the original
judge steps down, the judge appointed as a replacement would have the obligation
to continue the trial as it is. It was also proposed that a mechanism for proper
notice of timing and filing of motions be addressed. Ministers agreed that
the two changes proposed by Quebec would be significant changes to the current
system and, as such, deserve thorough study in the context of a strategic review
by Deputy Ministers.
Aboriginal Justice
Federal, Provincial and Territorial Ministers discussed aboriginal justice
issues. In particular, they noted the importance of working and funding relationships
developed over the last decade.
The provinces and territories asked for sustained and enhanced funding through
the Aboriginal Justice strategy.
A working group is currently involved in a consultation process that will result
in recommendations on how the new allocations will be divided. Those recommendations
will be presented to the provinces and territories within the next few weeks.
The federal Minister of Justice commented on the recent statements in the Throne
Speech on expanding work with urban Aboriginal people and on expanding community
based justice approaches.
Voyeurism
In response to February 2002 resolution of Provincial-Territorial Ministers,
the federal Department of Justice has conducted public consultations on the
creation of the new criminal offences of sexual voyeurism and distribution of
voyeuristic materials. The federal Justice Minister reported on the results
on these consultations, and indicated that he would soon introduce Criminal
Code amendments to create these offences.
Ministers agreed that the law must prohibit any voyeurism for a sexual purpose,
and also any voyeurism where the victim is undressed or engaged in sexual activity.
Sex Offender Registration
Ministers were briefed by the Federal Solicitor General on results of joint
federal-provincial-territorial work on developing a model of a sex offender
registration system.
Ministers generally approved the registration model presented by the Solicitor
General. However, some provincial-territorial Ministers expressed concerns
that the Registry would not include offenders currently under sentence and asked
to continue to explore ways to expand the Registry to include such offenders.
The Solicitor General noted that future enhancements would include offenders
photos for all offenders in the RCMP data system known as CPIC. Some provincial
and territorial Ministers asked that provision for geo-mapping be inclukded
in future enhancements. The Solicitor General also said that legislation to
support the new system is expected to be introduced by year end.
Ministers agreed that this new tool will enhance public protection through
better investigations and will help solve sex offences by identifying possible
suspects known to reside near to the offence site. With the new system, a
police officer will be able to instantly obtain a list of registered sex offenders
living in the area.
Anti-Terrorism
Last November, FPT Ministers directed Deputy Ministers to examine the impact
and costs of anti-terrorism and public safety legislation and initiatives in
response to the events of September 11th, with a view to informing
discussions about possible concerns and to identify possible solutions.
Ministers discussed a status report on this exercise and agreed that all levels
of government, and Canadians, had responded to the extraordinary public safety
challenges presented by the September 11th attacks with great dedication
and effectiveness.
Ministers also agreed that progress had been made in identifying better ways
to communicate and co-ordinate across jurisdictions on key areas of concern
during such crises. Ministers referred further work as required on these issues
to Deputies.
Provincial and Territorial Ministers reiterated concerns about funding.
Organized Crime
Organized crime remains a top priority of FPT Ministers. Ministers received
and endorsed a report from their Deputy Ministers Committee on progress in fulfilling
the National Agenda on Organized Crime, an agenda adopted two years ago. Ministers
agreed to add street gangs to the list of common policy priorities shared by
governments. The list now includes: illegal drugs; outlaw motorcycle gangs;
economic crime; high-tech crime; money laundering; illegal migration; corruption
and street gangs.
In addition, Ministers agreed that organized crime activity at ports should
be added to the list of pressing concerns that already includes: intimidation
of public officials; gaming; auto theft; and organized crime activity in diamond
mining.
Ministers agreed that public awareness of the impact and general victimization
caused by organized crime is essential. They also endorsed a plan to conduct
more research into the nature and scope of organized crime activity.
Ministers recognized that marijuana grow operations are a major funding source
for a broad range of other organized criminal activity, and agreed on the importance
of taking immediate action on effective measures in these cases including investigation
and deterrence.
Ministers heard a presentation by police on outlaw motorcycle gangs, and agreed
to continue supporting law enforcement in sustaining its efforts against outlaw
motorcycle gangs.
Integrated Justice Information
Ministers gave their support for the adoption of the Canada Public Safety
Information Network data standards as national standards. Without national
standards, the movement of public safety information between criminal justice
systems is at risk of not being understandable, reliable, or accurate. CPSIN
standards have been developed by Solicitor General Canada as part of its Integrated
Justice Information initiative. Ministers agreed to move in this direction,
with each government determining how best to achieve this transition.
Parole Issues
In response to an earlier discussion at a meeting of Federal-Provincial-Territorial
Ministers, the Solicitor General Canada reported on changes to National Parole
Board policy that will ensure that all provincial cases are heard by a two member
panel.
Manitoba, supported by Alberta, called for a further review of parole eligibility
rules for offenders who have taken a life or killed a police or correctional
officer.
These issues were referred to senior officials for further consideration.
Streamlining the Justice System
A theme that ran throughout the meeting was the need to achieve greater efficiencies
within the justice system, to reduce costs and delays and better respect victims
and witnesses and to better protect children.
Ministers agreed to hold further and more detailed discussions to examine ways
to improve the efficiency and effectiveness of and access to the justice systems,
including structural and administrative reform.
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Ref:
Irène Arseneau
Office of the Minister of Justice
(613) 992-4621
Dan Brien
Office of the Solicitor General
(613) 991-2924
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