As delivered

Introduction

It is a pleasure to attend my third annual meeting of the Canadian Bar Association as the Minister of Justice and Attorney General of Canada. Your meeting continues to be an important opportunity for taking stock of the past year and looking forward to future challenges. For my department, and for me this audience is a valuable sounding board for determining the impact justice policy and legislation may have on Canadians and I look forward to hearing your comments and questions after my remarks.

Before I begin, I would like to congratulate your outgoing President Barry Gorlick on a job well done. I can assure you the voice of the CBA was heard in Ottawa and I appreciate Barry’s energetic and wise counsel. To both Barry and Cece, thank you for all of your efforts. And I have no doubt your concerns will continue to receive a full hearing under the leadership of incoming President Eugene Meehan. Eugene and I taught together at the University of Alberta and I look forward to working with him again.

Since assuming the Justice portfolio just over two years ago, my goal has been to help strengthen confidence in the justice system. When I spoke to this audience in Ottawa two years ago, I outlined three priorities that would help get us there: renewing youth justice, enhancing the role of victims, and strengthening crime prevention initiatives in Canadian communities.

I am pleased to report that with the help of provincial and territorial governments, organizations like the CBA, and a variety of hard-working community groups, we are well on our way to meeting these goals.

Recent Initiatives

As many of you may know, earlier this year I tabled a new Youth Criminal Justice Act to replace the Young Offenders Act. The new Youth Criminal Justice Act offers a comprehensive approach to dealing with youth crime ¾ an approach which attempts not only to protect society but also to instill the values of accountability, responsibility and respect. Canadians told us that they want their governments, be they federal, provincial or territorial, to help prevent youth crime before it occurs and to make sure there are meaningful consequences if it does occur.

By encouraging the use of effective, meaningful alternatives to custody for non-violent youth, we are now involving the offender, the family, and the community in the rehabilitation of young people.

The new youth justice system is also flexible. It allows individual provinces and territories to tailor its application to suit the needs of their citizens. This Bill will now proceed to the Justice Committee and as always we look forward to the views of the CBA on this important piece of legislation.

I am also pleased to report significant progress in giving victims of crime a greater voice in the justice system. We passed legislation this spring that will allow crime victims greater input into the criminal justice process without undermining the rights of the accused.

Changes such as allowing victims to read their victim impact statements in court, if they so choose, will help to give victims the voice they seek in the criminal justice process.

My department is also creating a new Victim’s Policy Centre, one of the key purposes of which is to ensure the victims’ perspective is considered in all federal legislation, regulations and programming. The Centre will become a source of knowledge and expertise on emerging national and international issues, as well as trends in victims’ advocacy and services.

The legislation also amends the victim surcharge to increase revenues to both provincial and territorial governments to help them pay for the important services they provide directly to victims.

The third area, which I established as a priority, was to invest in crime prevention and we have made excellent progress. The federal government has committed $32 million per year to the National Crime Prevention Strategy. In partnership with provinces, communities and local organizations, the strategy supports programs and services that prevent crime before it starts. These types of programs are now at work in every province and territory in Canada.

So progress, significant progress, has been made on our three major priorities. But we have also been busy in other areas, and I would like to outline some other recent initiatives that will also contribute to our goal of strengthening confidence in Canada’s justice system.

Last spring, the Standing Committee of Justice and Human Rights found broad public support for sending a strong and simple message to drunk drivers: impaired driving will not be tolerated. In June, with the support of all parties, the government moved quickly to strengthen penalties in the Criminal Code. But, we recognize that the law is only one means by which we can change behavior. Impaired driving is also a health and education issue that requires the concerted effort of all to address this pervasive social problem. To that end, I am carefully reviewing, with my provincial colleagues, the Committee’s other recommendations dealing with such things as enhanced education and research on impaired driving.

Another area where we moved to update our laws is in the area of extradition. Extradition laws, written over a century ago, made it difficult to deal with people involved in international criminal offenses. To improve our ability to deal with these sophisticated international criminals, we have enacted legislation that overhauls our extradition laws and brings them in line with 21^st century challenges and practices. This new regime also allows Canada to meet its expanded international obligations and to extradite individuals to states, territories and international criminal courts and tribunals.

A review of the Canadian Human Rights Act is also part of our efforts to ensure that the law keeps pace with the evolution of Canadian concerns and values. This spring, I appointed an Independent Review Panel chaired by former Supreme Court of Canada Justice Gerald LaForest, to conduct a fundamental examination of our human rights legislation and make recommendations for reform. The Review Panel will report to me next spring after consulting with employers, unions, the Canadian Human Rights Commission, interested groups and individuals, government departments and organizations like the CBA.

I would also like to touch briefly on some of the consultations that were undertaken with Canadians this past year.

I want to start with the consultation paper we released last fall that explores options for reforming section 690 of the Criminal Code, the process for reviewing allegations of wrongful conviction. This summer, when I was in England for meetings with the Home Secretary Jack Straw, I also had the opportunity to meet with members of the British Criminal Cases Review Commission, including the chairman Sir Frederick Crawford, to discuss Britain’s relatively new system of conviction review.

A number of possible options for reform have been identified through the consultation process. They range from the creation of a completely independent agency, as in the United Kingdom, to broadening the scope of appellate review, as currently is the case in the United States. At this time, the options are being further developed and analyzed by my Department. The thoughtful submissions I received will be a great help in determining the best option for accommodating and balancing four key principles.

I hope that we can all agree that Canada’s conviction review process must be characterized by the principles of fairness, timeliness, openness and accountability. I fully expect to make an announcement regarding my preferred option for reform before the end of this year.

In June 1998, I released a consultation document on reform to the laws of provocation and self-defence, as well as defense of property. Many stakeholders, including Aboriginal groups, women’s groups and professionals within the criminal justice system have submitted thoughtful responses. We are currently analyzing these submissions and we will formulate detailed proposals for reform. I can assure all of you that I take the review of these defenses very seriously and I intend to take proposals to my provincial and territorial colleagues regarding these issues when I meet with them in Vancouver in December.

The September 1998 consultation on Crimes Against Animals certainly struck a chord with Canadians. We received close to 400 submissions from groups and individuals, as well as petitions, totaling over 5000 signatures. Canadians support the need for change in how we deal with crimes that involve animals and I plan to move this issue forward in the fall.

The Future

But, what of the future? Where do we go from here?

To help shed some light on these questions, I would like to return to John Ralston Saul’s thought-provoking presentation which opened this conference on Monday morning.

First, I would like to congratulate the CBA for inviting such a distinguished Canadian to put some of the larger issues surrounding justice and democracy before us, for our consideration. I think one of the most important purposes of a national organization, like the CBA, is to offer its members the opportunity to discuss these broad, yet fundamental, ideas and challenges.

John Ralston Saul set out a fundamental premise for all of us who work in the justice system ¾ the citizen’s understanding of and support for the law is critical to our system of democracy.

This is a statement with which I strongly agree. So, while the government of Canada has made good progress towards our goal of strengthening public confidence in the justice system, our work must continue. We know that no single initiative on its own will create confidence in the justice system. The initiatives we undertake must build upon each other to enhance the role of citizens in their justice system.

Key to our work, I believe, is the "democratization" of our justice system. We must continue to strive for a system of justice in which the problems occurring in the lives of Canadians determine our priorities. We need to recognize that the design of the justice system is not the exclusive purview of lawyers, judges and bureaucrats.

Ultimately, in a free and democratic society, the effectiveness and legitimacy of the law, as a social institution, depends upon the consent of its citizens and on their respect for, and confidence in, the way it is administered. If the public’s expectations of the justice system are not met, they become disconnected, disengaged, and cynical about its operations. Democratization of the justice system means that the citizen can never be taken for granted.

So, what does this mean for us in the Department of Justice? Let me offer a few principles that will guide our work. These include the need for greater openness and inclusiveness; the need to focus on identifying the most effective approaches to problem-solving and the need to foster the interdependence of players in our justice system.

Let me elaborate.

To begin with, we must be willing to listen ¾ without fear or suspicion ¾ and to act on the public’s concerns. Canadians want to be informed about key aspects of every issue that affects them and their families. They want to help shape policy choices. In short, they want the freedom to choose. Just as business has found it necessary to tailor products to the different needs and preferences of individual consumers, so governments are finding that "one-size-fits-all" prescriptions to complex issues are no longer acceptable or workable.

That is why, for example, in drafting the new youth justice legislation to which I referred earlier, I am pleased to say we consulted more widely than the Department of Justice ever has before. And as a result, the new legislation responds to the need for a national framework but one that also allows individual jurisdictions to tailor their approach to deal with the full range of youth crime.

We must continue to consult broadly, obviously with traditional partners like the CBA, but also with other groups and individuals. And we must consult earlier in the process of policy formulation as well. I am aware that your Council has passed a resolution urging the federal, provincial and territorial governments to provide adequate notice of all proposed legislation, including pre-consultation with respect to any proposed legislation and a defined time frame within which submissions will be received.

I would like to inform you of an important change at our end. In March, the Cabinet adopted a new directive on law making which authorizes public consultation on draft legislation before it is introduced in Parliament. As you are aware, by tradition, draft bills have been treated with strict confidence before they are introduced in Parliament. In keeping with the Government’s commitment to openness and consultation, the revised directive allows Ministers, if they so decide, to seek Cabinet approval to consult on the draft bill itself.

This will allows the views of those concerned with proposed legislation to be taken into account during the drafting process itself. As a result of this important change, I expect we will be coming to the CBA for your advice earlier in the policy process ¾ for example, those of our children.

We must also continue to make the justice system more inclusive. As I said earlier, we are increasing the opportunities for victims to be heard in the criminal justice system. We must continue striving to hear the voices of our most vulnerable citizens ¾  voices that are often lost in the cut and thrust of the legal process ¾ for example, those of our children.

I am also pleased to announce that my department is hosting a conference on child victimization and child offending this September. I am looking forward to the results of this forum, as we need to know more about these two often inter-related issues. In sharing current knowledge and expertise, we will learn how we can best prevent victimization and protect our children. And, by dealing with these issues which are so important in the lives of citizens, we will further strengthen the confidence of Canadians in their justice system.

We must also continue to make our laws more accessible ¾ which means demystifying the language of the law. This includes using plain language in the drafting of legislation and regulations and in legal instruments such as contracts. Access to the law also includes making court decisions available quickly and inexpensively via the Internet, an area in which the courts have shown leadership. And it includes making the law more understandable to those who face barriers of culture and language, such as Aboriginal people and new Canadians.

Putting the citizen at the centre of the justice system and finding the most effective and efficient solutions to pressing social problems sometimes requires that we look beyond the law. Simply put, legislation should not be the exclusive instrument by which we address the concerns of Canadians.

Custody and access issues are an example of this.

I firmly believe that the law in this area has to shift its emphasis from legal rights and court-ordered responsibilities, towards an approach that recognizes first and foremost the needs of the child.

This was the focus when I tabled the Government of Canada’s strategy for reform of the family law system in May. We need new approaches in the Divorce Act, and we need to ensure a consistent approach with provincial laws.

But effective support for children and families requires more than legislation. We must also provide programs and services, including educational support, social services and counseling so parents and children are better equipped to deal with these often difficult and painful issues.

I will work with my counterparts in the provinces and the territories to harmonize our efforts to better address the problems resulting from separation and divorce.

These are complicated issues. We must take the time to get it right. I am committed to introducing reforms in this area. We have set out an outside time frame of three years in which to do this, but if it is possible to complete these reforms sooner, we will.

This leads me to another unifying theme ¾ the importance of interdependence. Last year I was appointed by the Prime Minister to be the federal negotiator with the provinces and territories to develop a Social Union framework. The resulting agreement will enhance cooperation and joint planning between the provincial, territorial and federal governments for the benefit of Canadians.

In the justice system, we have been working in ways that are consistent with these principles for many years, since the federal, provincial and territorial governments share stewardship of the justice system. But there is always more that can be done.

Public confidence will be enhanced if citizens have confidence that their governments are working effectively with other partners and other governments to address the issues of concern to them. It is especially true today that complex justice issues don’t respect federal-provincial boundaries nor do they respect national borders.

The innovative approach we have adopted in the National Crime Prevention Strategy stresses the need for strong partnerships, which include local governments, communities, police, business, families, and youth. When communities are empowered to take action to deal with the root causes of criminal behaviour, it reduces fear and anger and helps to build confidence.

We must encourage communities to be partners in the rehabilitation of offenders through initiatives such as restorative justice. Restorative justice that involves families, victims, and communities, also builds support for the justice system.

But partnerships are also crucial on the international stage.

Criminal activities like drug smuggling, organized crime and people smuggling do not confine themselves to any one country. These are issues that can only be addressed by governments working together at all levels. These issues may seem far removed from the daily lives of Canadians, but they are not.

To deliver on our citizen-centred agenda in our local communities, to solve problems like drug trafficking or prostitution that are happening around the corner, or down the street, the Government of Canada must work with partners from around the world to attack the root causes of these problems. The only way to choke off, and destroy, the tentacles that criminal enterprises spread across borders is to work with other governments. Inter-provincial and international cooperation in reducing crime will be an important priority for the federal justice department in the coming years.

There is also much that can be done at the international level that directly benefits children and families.

We are working to protect children from child abduction and trafficking. And we will explore opportunities to participate in international activities to strengthen the enforcement of maintenance obligations.

Conclusion

These are some of the general themes which will guide the efforts of my department over the next few years.

With your help, I know that together, we can build a justice system of which the people of Canada can be proud ¾ a justice system that seeks to maintain the confidence of its citizens by being open and inclusive, by effectively solving problems and by working in partnerships with all of the players in the justice system.

I look forward to working with the Canadian Bar Association over the next year. Your work brings you in contact with the people who use the justice system. And your insights and perspectives are essential to achieving a justice system which responds to the needs of all Canadians.

Thank you .

I will now turn the floor over to you for questions and comments.