NEWS RELEASE

Ref: 830-632/28

Federal-Provincial-Territorial Meeting of Ministers responsible for Justice
Regina, Saskatchewan - October 29-30, 1998

Regina - October 30, 1998 -- Federal-Provincial-Territorial Ministers responsible for Justice concluded a two day meeting here today. The meeting was chaired by Anne McLellan, Minister of Justice and Attorney General of Canada and the Minister of Justice of Saskatchewan, John Nilson. The Minister of Justice of the Northwest Territories, Goo Arlooktoo, made a special presentation to his colleagues on the creation of a new territory Nunavut and the establishment in April 1999 of a new court system that takes into account the unique circumstances of the eastern Arctic.

At the conclusion of the conference, Ministers McLellan, Nilson and Andy Scott, Solicitor General of Canada chaired a news conference concerning their discussions:

Public Confidence in the Justice System was the first item on the agenda. The message is clear — Canadians deserve a justice system that protects society, fosters respect for others and their property, is administered efficiently and fairly, insists on accountability and provides both violent and non-violent offenders with meaningful consequences for their actions. And they want a justice system that is more responsive to the needs of victims and communities.

All Ministers are committed to working together to establish a more effective and more equitable justice system in which Canadians can have confidence and to have this foremost in mind as they consider other initiatives.

Ministers agreed to the importance of monitoring the performance of the justice system and finding ways to keep Canadians informed about its performance so that public confidence will be improved. Ministers have assigned the task to their Deputies for a report back to the next national meeting.

Youth Justice Strategy

FPT Ministers had a discussion about a strategy for youth justice. Provincial/Territorial Ministers reiterated their strong desire to be consulted on the draft legislation. Minister McLellan confirmed that she would consult with them prior to new legislation being tabled in the House of Commons and would be seeking to achieve flexibility in the legislation to accommodate the different approaches among the provinces, consistent with the federal strategy released in May. Minister McLellan acknowledged the importance of funding being provided to the provinces and territories and she was optimistic in this regard.

A resolution respecting Youth Justice Funding was presented at the meeting by provinces and territories which called for the Government of Canada to "end the practice of downloading its responsibilities in this area, and effective immediately restore its financial commitment to young offenders programs to 50% of their actual cost".

Victims of Crime

The federal government received the report of the House of Commons Standing Committee on Justice and Human Rights on Wednesday and the Minister of Justice Canada brought it to the attention of her provincial and territorial colleagues at this meeting.

It was agreed to consult and build on existing initiatives, within our respective jurisdictions, to continue improving the criminal justice system to benefit victims. A federal/provincial/territorial consultation has been scheduled for mid November 1998.

British Columbia reaffirmed its request that verbal victim impact statements be permitted at National Parole Board Hearings.

All ministers recognized the responsibility to enhance services to victims of crime and acknowledged that, while the federal government has a role to play with respect to its authority over criminal law and procedure, the provinces and territories are the main providers of services to victims. For this reason the provinces believe that the establishment of a federal victims office is not be the best way to enhance services to victims in Canada.

All Ministers resolved to continue efforts to enhance services to victims as quickly as possible.

Diversity, Equality and Justice: Hate-Motivated Activities

Ministers agreed to recommendations referred by the F/P/T Working Groups on Diversity, Equality and Justice on legislative issues relevant to hate-motivated activities consistent with the Charter. The recommendations will ensure hate crimes are firmly dealt with and Ministers asked the Working Group on Offensive Content and the Internet to examine hate propaganda terminology to determine whether it needs to be modernized.

Ministers underscored that they take the issue of hate crimes very seriously. Measures have already been taken at the federal and provincial levels to ensure Canadians are protected from discrimination and crimes based on hate.

All jurisdictions will continue to be vigilant in fighting hate crimes in this country.

Criminal Procedure Reform

The federal government is consulting on specific proposals to improve the efficiency and effectiveness of the criminal justice system while addressing the needs of victims and witnesses and ensuring that the rights of the accused are protected. The proposals will reduce delays and costs in the administration of criminal justice without compromising the rights of accused persons.

The Minister of Justice Canada agreed to bring forward proposals for reform soon and thanked her colleagues for their support.

Sexual Assault Crimes / Mandatory HIV Testing

Ministers are sympathetic to the fact that victims of sexual assault experience additional fear and trauma due to concern for the potential of blood borne diseases. Ministers also noted that there are various legal and health issues that need to be discussed when examining mandatory HIV testing of accused persons.

Ministers acknowledged the need to provide care, support and information for survivors of sexual assault.

Ministers agreed to refer the issue to Deputy Ministers responsible for Justice and to involve Health.

Reform of the Criminal Conviction Review Process

The Department of Justice Canada has made significant administrative changes to section 690 of the Criminal Code process over the past five years, but more can be done.

The Department is committed to making every effort to improve the section 690 review process, and has recently issued a consultation paper on the subject. The Federal Minister of Justice looks forward to receiving the views of Canadians.

The Minister undertook to consult provincial colleagues prior to implementing any changes to the current review system.

Impaired Driving

Since 1981, the year in which drinking and driving charges peaked, governments, public and private organizations, and families and individuals have contributed to important progress on the serious problem of impaired driving. Despite this progress, the level of impaired driving crime is still unacceptable.

Although the criminal law cannot prevent all impaired driving crime, it can be expected to do its part in the struggle against impaired driving.

Justice Ministers are committed to continue working together to improve the Criminal Code's impaired driving provisions. They noted that the Standing Committee of the House of Commons will begin hearings on this subject in the near future, and agreed to review the Committee's report which is expected in the spring of 1999.

Conditional and Intermittent Sentencing

Some Ministers expressed concern that conditional sentencing has not been working as had been hoped. The concern is that it has been used inappropriately in some cases of serious violence and sexual offences.

After discussing the matter, the Federal Minister of Justice indicated that she would await guidance on this issue from the Supreme Court of Canada which will shortly render decisions from British Columbia, Manitoba and Newfoundland cases.

A number of provinces and territories strongly objected to the use of intermittent sentences given the significant risks associated with them. They identified the need for action in this area and urged consideration of elimination of intermittent sentences in the Criminal Code or of granting provinces and territories the capacity to opt-out of these provisions.

Organized Crime / DNA

Indicating their concern that law enforcement resources be sufficient to maintain the safety of Canadians, Provincial and Territorial Ministers responsible for Justice expressed unanimously the need for enhanced federal funding to support current and evolving National Police Services.

Organized Crime

Recognizing that organized crime is a serious and growing problem, the Ministers endorsed the attached Joint Statement on Organized Crime. The Statement underscores the Ministers' commitment to work together in partnership to combat organized crime. Minister Scott thanked his provincial and territorial colleagues for their unanimous support for the Statement. Deputies will work together over the coming months to develop and coordinate plans to address priority areas.

DNA

Ministers noted that legislation to establish a national DNA databank is expected to be enacted soon. They recognized the importance of DNA forensic analysis as a police investigative tool and expressed the desire to move forward to put in place this public safety initiative. Ministers agreed that their Deputies will continue to work together to establish fair arrangements.

Corrections Population Growth Second Progress Report

Ministers agreed to release a report entitled Corrections Population Growth: Second Progress Report.

The report indicates that sentenced populations appear to be stabilizing or declining in most jurisdictions and that creative alternatives to incarceration are being implemented. It points to the progress jurisdictions are making together to achieve greater effectiveness and efficiency in their correctional systems.

During the past 3 years, Canada's national incarceration rate (federal, provincial and territorial) declined from 133 to 129 per 100,000 general population (adult and youth).

Minister Scott also released an evaluation report on the Restorative Resolutions Project, which his Department conducted in cooperation with Manitoba Justice. The Report responds to recommendation six in the Corrections Population Growth Report.

Model Parental Child Abduction Charging Guidelines

Ministers discussed the proposed guidelines which provide advice to police and Crown Attorneys as to when and how charges for parental child abduction should be laid. The intent of the guidelines is to provide uniform application of sections of the Criminal Code dealing with parental child abduction.

The approach reflected in the guidelines focuses on the well-being of children. It seeks to provide stability for children and encourages parents to comply with existing court orders. It also supports the use of existing remedies under civil law to resolve disputes.

Ministers agreed that Saskatchewan has done an excellent job in moving this issue forward.

Privacy Protection Legislation

Provincial and Territorial Ministers of Justice expressed their strong concerns to the Federal Ministers about a significant intrusion into provincial and territorial jurisdiction contained in Bill C-54 Personal Information Protection and Electronic Document Act. They requested the Federal government withdraw the Bill and consult further with the provinces and territories.

The federal government reiterated that in introducing Bill C-54, it has the protection of the privacy of Canadian citizens and business at heart, and invites the provinces who have not already done so to pass legislation which would achieve the same objectives as the proposed federal legislation.

Report on Information Systems on Sex Offenders against Children and other Vulnerable Groups

Ministers agreed on the high priority they place on protecting children and other vulnerable groups from sexual offenders.

Ministers released a report that outlines a course of action they will follow in the coming months.

Ten recommendations are included in the report aimed at strengthening the National Screening System which is based on the Canadian Police Information Centre (CPIC).

The recommendations were endorsed by Ministers who agreed to work together toward their implementation and to review progress at their next meeting.

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