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Introduction

Thank you, Russell, for that kind introduction.

As someone who taught law for almost 20 years before entering politics, the occasion of my first Report to Council is a great honour. It is also an important opportunity to talk to members of the Bar from across Canada about what the Department of Justice has accomplished  -- and my thoughts about what our challenges are and what our focus should be in the months ahead.

I would like to congratulate Russell Lusk, who has served capably as President of the Canadian Bar Association. Russell has provided the CBA with strong and energetic leadership. Russell, I wish you well in your transition back to the full-time practice of law.

I would also like to congratulate André Gervais, your new President. I look forward to working with André over the next year, and I am confident that we will be able to build upon the productive relationship between the Department of Justice and the Canadian Bar Association.

The Department of Justice has always profited from the CBA's involvement in the development of key policies, and I look forward to continuing this partnership. We both are dedicated to the same idea: an impartial justice system whose goals are to produce respect for the law and achieve social harmony and a sense of security for all Canadians.

I am particularly impressed with efforts to implement the work of the Task Force on Civil Justice Reform. My Department has supported this work both financially and through the efforts of some of our lawyers, an exercise we will continue.

Overview

It is an honour for me to serve as one of the temporary guardians of the Canadian justice system. There is much about our justice system of which we should be very proud, and for which we are internationally respected. This includes an independent judiciary, a highly skilled and dedicated legal profession, and a well-developed legal framework. It is a system the hallmark of which is its impartiality and commitment to the rule of law. It is no surprise that so many countries come to Canada for assistance in the development of their legal institutions.

But I have not come here this morning simply to praise our justice system. I want, in fact, to begin by defining a shared challenge for those of us who work in our system of justice. This challenge is to address the public's declining confidence in our institutions of justice. Too many Canadians believe that the system does not reflect their values and their needs. Concern about violent crime is growing, and faith in the justice system's ability to deal with this problem is decreasing. Ironically, this is at a time when the crime rate has gone down  -- in fact, it has been declining in most key categories for the past five years.

As a recent Angus Reid/CTV News Poll revealed, six in ten Canadians believe crime in their community has increased over the past five years. A substantial number of Canadians expressed a lack of faith in our key judicial institutions, such as our courts and our parole system. These concerns are highest among low income Canadians  -- those most vulnerable in our society.

One could argue that Canadians' fears are unwarranted. It is interesting, for example, that the same poll shows that Canadians are no more afraid of being victims of crime in their own communities today than they were in 1990. It is easy to suggest that public anxiety stems from economic insecurity, or weakened community structures. It is easy to blame media sensationalism. It is much harder, however, to develop strategies to reverse this growing public concern about the justice system.

The statistics that demonstrate that violent crime is on the decline are irrelevant if Canadians still feel unsafe in their homes and in their communities. If people think violent crime is an increasing problem, then there is, at a minimum, a problem of perception that we have to address.

Statistics usually only measure the level of crime. We also have to consider the impact of crime on individuals and their communities. Fear of crime weakens a community almost as much as crime itself. If people feel their neighbourhoods are unsafe, they will take less pride in them, invest less effort in maintaining them, and, eventually, may retreat into their homes, isolated from their community.

Public concern does not only stem from a fear of violence. Cases like those of David Milgaard and Guy-Paul Morin, involving police investigations and criminal prosecutions gone wrong, also weaken public confidence in our system of justice. Nor can we ignore the strain that Clifford Olson's recent hearing placed on the families of the victims, even though the proceedings were handled with the utmost care and professionalism.

We should not let the strengths of our system of justice mask the challenges that we face. Federal and provincial governments, the police, the courts, provincial law societies, and organizations such as the CBA share a responsibility to ensure the system in which we work enjoys the full confidence of the people it serves. You have responded, for example, with your blueprint for fundamental reform to the civil justice system.

But we all must do more. For example, the CBA can do more to enhance the educational role it plays in informing Canadians of the laws that protect them, their rights, and the programs that exist to support them. You play a key role, as well, in training our country's lawyers and instilling in them the highest ethical standards. We all must be more sensitive to the anxieties of Canadians and ensure that the justice system continues to reflect their values.

Achievements to Date

The Department of Justice, under the leadership of my predecessor, the Honourable Allan Rock, has already taken steps over the past four years to increase confidence in our justice system, to make it fairer, and to enhance its ability to prevent and deter crime. Of course, the CBA played an important role in many of these achievements. To note just a few:

· We amended the Criminal Code, with over 250 changes, including measures to help police combat modern offences like computer crime.

· The Young Offenders Act was amended, to increase penalties for serious offenders, and reduce incarceration for non-violent offences.

· The National Crime Prevention Council was created to develop strategies to help communities head off crime. I would like to thank its members for the concrete work they have done to demonstrate how communities can prevent crime by, in particular, concentrating on children. The Council's focus on children, which fits into our government's efforts to develop, with provincial and territorial governments, a National Children's Agenda, is an important one that I will return to.

· Gun control legislation was passed, as part of our government's strategy to make our communities safer.

At the same time, we've taken measures to enhance respect for the law by reforming it to reflect changing standards of fairness: for example, new child support guidelines, and amendments to the Canadian Human Rights Act, including those to protect the rights of persons with disabilities, which we will bring forward again this fall. And we've created an Aboriginal Justice Strategy, the principles of which will be guided by the Royal Commission on Aboriginal People's Report, Bridging the Cultural Divide.

I know that Allan briefed you on these accomplishments last year. Since then, several other actions have been taken.

· We amended the Criminal Code to provide tough penalties for violent acts against women and children, prevent child prostitution, and penalize stalkers.

· We added safeguards to protect the privacy of complainants and witnesses in sexual offence proceedings.

· Our high-risk offenders legislation came into force at the beginning of this month, strengthening the sentencing of offenders who present a high risk of committing violent crimes.

· We toughened the faint-hope clause for those serving life sentences, denying multiple murderers the right to apply, eliminating the automatic right to a jury hearing, and requiring a unanimous jury decision before an offender's parole ineligibility period is shortened.

· We brought in anti-gang legislation, responding in probably record time to an issue of great concern to many Canadians.

These measures have been implemented to enrich and strengthen our communities and make Canadians feel more secure. But, as we know, more must be done.

Minister's Priorities

As these achievements indicate, we have been through an intense period of legislative activity and reform. Some of these initiatives remain to be implemented, and I see this as an important responsibility. I do think that we should slow the pace of change  -- especially as it relates to the criminal law. Those involved in the criminal justice system  -- judges, lawyers, victims  -- must be given time to adjust and reflect upon the changes made. However, I want briefly to outline three areas where I believe time and attention must still be spent: crime prevention, youth justice, and victims' rights.

Crime Prevention

Crime prevention is a major priority for our government. Building on the work of the National Crime Prevention Council, we will, as promised in our Red Book, allocate $160&nbspmillion over the next five years for crime prevention.

Prevention starts long before a crime has been committed. It starts before a child is born, through pre-natal programs to identify and support families that need help. It continues right after birth, when at-risk children are identified, and a range of support services are provided to families, including parenting education. Prevention proceeds through school years, when teachers must focus on troubled children and children prone to violence, and work with community agencies to offer the needed solutions. Community agencies, parents, and educators must all work together to help bring about the necessary changes.

We want to help each community deal with the roots of crime before it starts by providing the funds to foster community-based crime prevention activities, develop resource materials, promote promising crime prevention practices, provide training and support innovative projects. We will follow up on the Council's work on crime prevention through social development, and we intend to expand our partnership to the private sector and address the issue of reducing the opportunities for crime to occur in the first place. Experience in other countries demonstrates that the private sector is willing to invest in measures that reduce the opportunity to commit such crimes as car thefts and break and enters. And let me stress that in making this investment, it is our intention to ensure the money gets into the hands of the communities that need it and know how to use it.

It is estimated the cost of detaining a young offender for a year in closed custody can add up to approximately $100,000. If prevention programs can result in 320 fewer young people in custody every year, we will save $32 million a year, and our crime prevention investment will have paid for itself in dollars and cents, let alone human pain and lost potential.

The Crime Prevention initiative focuses on preventing violence and crime in our society as a whole through community-based action.

But we must also look at a range of measures that address violence within relationships and families. Children who have been victimized tend to have long-term problems with education, lack earning potential, and are less able to form caring relationships. Some also become victimizers in their turn, repeating the offences.

Youth Justice

By investing in crime prevention, we are investing in the future of our children. But this is not enough. We also have to take a hard look at our youth justice system, and see how it can be improved.

The House of Commons Standing Committee on Justice and Legal Affairs has conducted a thorough review of the Young Offenders Act, and submitted its report and recommendations. My Department is currently examining many of its recommendations. My goal is to produce an Act that does a better job of preventing youth crime and deterring and detaining serious offenders.

Obviously, different crimes call for different measures. When it comes to young offenders who are not guilty of serious, violent crimes  -- who represent, incidentally, over 85&nbspper&nbspcent of cases  -- we are wise to invest in innovative approaches such as restorative justice and family counselling, that are at work in some communities across Canada and generating positive results.

But violent youth crime demands a strong response.

Ironically, young people themselves believe the Young Offenders Act is too lenient, and, as revealed in the recent CTV/Angus Reid survey, seven in 10 Canadians have little or no confidence in the YOA.

Canadians must have confidence that there will be a firm response to serious offences committed by young offenders. Our youth justice initiatives must be based on the understanding that the main goal of any legislation is to protect society  -- and that must be taken into account in determining issues such as the definition of a young offender, the sentences available, and whether young offenders' names are published.

And our efforts to try to rehabilitate and reform young offenders must be greater, not less, because we all benefit if we can prevent youth from becoming damaged and dangerous adult offenders  -- for whom rehabilitation is more costly and less successful.

Victims' Rights

We also must treat victims with respect and compassion. We have not done enough to accommodate the interests of victims within the criminal justice system. This has had a detrimental effect on our system of justice and on the way Canadians perceive it. Efforts to increase reparation by youth and adult offenders are critical to victims' belief that the justice system is committed to righting the wrongs they have suffered.

We also need to look at children who are victims, and whether their interests are adequately protected within the existing system. Children who are victims of family violence are doubly hurt: both by the violence done to them and by the breakdown of the family relationship.

Over the past few years we have seen many improvements in the justice system for victims of crime. Victim impact statements are routinely prepared and considered at the time of sentence. Publication bans are imposed on the identity of victims of sexual offences. Screens are now commonplace in courtrooms to protect the identity of young victims. My provincial colleagues have implemented a wide range of services and programs that respond to the need of victims for practical assistance.

But I think we need to consider further innovative strategies that support victims' unique role in the criminal justice system. Victims do not ask to be a part of the criminal justice system; their participation is thrust upon them. Yet their perspective is not always heard; theirs is a voice that must be listened to and respected.

I will be encouraging expansion of the process already begun with my provincial colleagues, examining services and programs available to victims, methods of improving information sharing, and the identification of new and innovative responses.

National Unity

I have outlined three of my priorities as I begin my job as Minister of Justice. By working with groups like the CBA, my provincial counterparts, and other stakeholders in the justice system, I hope we can deal with each of these effectively and help increase Canadians' confidence in the justice system.

But before I conclude, I must say a few words about a subject that is of greater importance than any of the issues I have raised this morning  -- and that is the unity of our country.

All Canadians, including Quebeckers, have an expectation that any future referendum would be held in a situation of shared understanding of what is at stake and what the rules are. Last fall, my predecessor, Allan Rock, asked the Supreme Court to determine whether there is anything in Canada's Constitution or international law that would give the National Assembly or the Government of Quebec the right to declare Quebec's independence unilaterally. The reference is one effort to try to clarify some of the legal rules vital to any process that might lead to the secession of a province from Canada. It does not, in any way, infringe on the right of Quebeckers to express themselves freely on their future.

Were a referendum held again, I am confident that Quebeckers would again vote in favour of a united Canada. However, we cannot ignore the Quebec government's assertion that it has the right to secede from Canada through a unilateral declaration of independence. The government of Quebec has expressly stated that the Constitution, the courts, and Canadians outside Quebec have no role to play in determining the matter. We do not accept this view.

A consultative referendum is a legitimate forum for the expression of the people's views. But a referendum result does not  -- in and of itself  -- effect change. It may stress the need for change and guide it. But for change to take place within a democratic society, it must occur within the context of law.

Obviously, the reference is a precautionary measure, to prepare for a possible future referendum. My primary objective, shared by my colleagues, and indeed all Canadians who believe in Canada, is to work with Quebeckers to ensure that they remain in Canada and that they continue to work with others to build our great country.

Our government has worked strenuously to improve the functioning of our country in very tangible ways. We are developing new models of federal-provincial cooperation to serve Canadians more effectively and to better reflect regional realities.

National unity is a challenge for all Canadians. Despite the pluralism, tolerance and respect for diversity and the other generous values that define every region of Canada, it is clear to me that we still do not always understand each other  -- and without understanding, respect is difficult. As a minister from western Canada, I see my role as working to achieve greater understanding by communicating to Quebeckers the views and concerns of western Canada. Equally important, it is to impress upon western Canadians the need to find accommodation for Quebeckers within the federation and to ensure that we, in the west, understand and respect the very distinct reality of Quebec as a Francophone province.

Conclusion

My role, as Attorney General of Canada, is to try to help provide Canadians with a sense of security and confidence in their justice system. As Minister of Justice, I hope to develop policies and legislation that will earn the support of Canadians. I will only succeed with the support of those of you in this room and all other stakeholders in the justice system.

I look forward to working with the Canadian Bar Association. We are fortunate to be able to take advantage of your continuing support, for we need the ideas, the assistance and the considerable expertise of lawyers within the CBA and other professional organizations as we address the challenges confronting us.

Thank you.

See press release, August 23, 1997