NEWS RELEASE

Ref: 830-838/004

Federal-Provincial-Territorial Meeting of Ministers responsible for Justice
Ottawa, Ontario - January 24-25, 2005

FEDERAL, PROVINCIAL AND TERRITORIAL MINISTERS RESPONSIBLE FOR JUSTICE
ADDRESS KEY JUSTICE SYSTEM ISSUES

OTTAWA, January 25, 2005 – Federal, provincial and territorial (FPT) Ministers responsible for Justice today concluded their meeting, where they held substantive discussions on a host of issues of importance to Canada’s justice system, including sentencing, wrongful convictions, mega-trials, legal aid, the protection of vulnerable persons and the proceeds of crime.

The meeting in Ottawa was co-chaired by the Minister of Justice and Attorney General of Canada, Irwin Cotler, the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness Canada, Anne McLellan, the Attorney General of Ontario, Michael Bryant, and the Ontario Minister of Community Safety and Correctional Services, Monte Kwinter.

Correctional and Sentencing Issues:

While affirming that conditional sentences are an appropriate sentencing tool in many cases, Ministers expressed the need for timely reforms to identify appropriate limits to the use of such sentences, particularly in regards to serious and violent offences. Ministers all agreed that the appropriate use of these sentences will strengthen confidence in the justice system. As agreed, the federal Justice Minister will renew the reference to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. In addition, FPT officials will report on the results of their consideration of reform options at the meeting of Deputy Ministers in June 2005.

Ministers discussed the need to strengthen partnerships among governments to reduce the number of conditionally released offenders who have evaded authorities, and to more effectively supervise those offenders with a community sentence or conditional release.

The sentencing practice of giving credit for time spent in custody before trial was raised. Ministers agreed the issue should be fully canvassed, including the implications for the administration of justice and the impact on the remand population.

Ministers discussed a wide range of issues related to sentencing, including the effective management of high-risk offenders, chronic reoffenders and the impact of recent case law regarding the current legislation governing dangerous and long-term offenders.

Ministers referred these and related issues to FPT officials to develop proposals for reform. They also noted the need to ensure that victims continue to be considered in the development of any correctional and sentencing reforms.

Access to Justice:

Mega-trials

Ministers agreed with recommendations concerning mega-trials from the Steering Committee on Justice Efficiencies and Access to the Justice System. The Steering Committee recommended practical approaches to improve the management of mega-trials, advocated the creation of a special set of procedures to apply exclusively to such cases, and called for some legislative amendments. Ministers agreed to refer the report to the Department of Justice Canada for the detailed policy work necessary to move the initiative forward and for further consultations.

The Steering Committee will continue to work to develop practical and lasting solutions to address the current challenges to improve efficiency in the criminal justice system.

Legal Aid

Provincial and territorial Ministers asked that the Investment Fund for criminal legal aid be made permanent and included in a new, longer-term agreement. They noted that they would like to return to 50/50 cost-sharing on criminal legal aid.

Recognizing that the legal aid needs of economically disadvantaged Canadians must be met in a fair and equitable manner, all provincial and territorial Ministers expressed the need for new federal funding of civil legal aid. The federal Justice Minister agreed that he will continue to promote a sustainable approach to legal aid at the federal level. Ministers agreed to ask the FPT Permanent Working Group on Legal Aid to examine what could be covered under civil legal aid agreements and report their progress to a meeting of Deputy Ministers of Justice in June 2005.

Wrongful Convictions

FPT Report on the Prevention of Miscarriages of Justice

Ministers recognized that a wrongful conviction is a failure in justice in the most fundamental sense, and that all participants in the criminal justice system must commit themselves to preventing such miscarriages of justice. Ministers approved and publicly released the report from the FPT Heads of Prosecutions Committee Working Group on the Prevention of Miscarriages of Justice, noting that each jurisdiction will review the recommendations to determine which are appropriate for implementation. Several Ministers lauded the strong collaboration that produced this report, in particular with the Canadian Association of Chiefs of Police, viewing it as a clear signal that prosecutors and police take the issue of wrongful convictions seriously.

It was noted that the Heads of Prosecutions Committee has already set up a permanent committee of prosecutors and police to follow up on this report and individual prosecution services have begun to review their policies and practices in light of the recommendations.

Proceeds of Crime:

Ministers discussed proposals to change the Criminal Code to create a reverse onus for the proceeds of crime regime. Offenders would have to prove on a balance of probabilities that their property is not the proceeds of crime. All Ministers agreed that the ability to obtain the forfeiture of proceeds of crime is needed and the federal Justice Minister said he intends to move forward as quickly as possible with changes that meet Charter requirements.

Youth Criminal Justice Act:

Specific attention was given to the Youth Criminal Justice Act and its provisions dealing with the release of offenders pending trial and at sentencing. A recent Nova Scotia case was referenced in discussion about automobile theft and whether it should be treated as a potentially violent crime rather than a property offence, in order to allow for pre-trial detention, if necessary. Ministers also discussed the need to look at all facets of this issue including sentencing options that would take into account the background and circumstances of individuals. Ministers agreed that they would consider findings of a pending Nova Scotia inquiry in the interests of achieving the common goal of a fair and effective youth justice system.

Recalling the previous provincial and territorial position from 2001 for a return to 50/50 cost-sharing and seeking a minimum new five-year agreement that will be consistent with the current agreements, Ministers called for the immediate resumption and conclusion of negotiations towards new agreements by March 31, 2005. In order to promote stability in the FPT funding arrangements, to continue the significant progress made to date, and to address emerging issues in a collaborative manner, the federal Justice Minister will pursue discussions with his federal colleagues on funding agreements.

Protection of Vulnerable Persons:

Child Pornography/Sexual Exploitation of Children on the Internet

All Ministers confirmed that the protection of children against sexual exploitation remains a top priority. They agreed on the need to strengthen existing protections against child sexual exploitation including child pornography. There was discussion of the proposed reforms currently before Parliament (Bill C-2), which are aimed at providing new legislative tools to combat child pornography, voyeurism and other forms of sexual abuse. Ministers also agreed on the importance of working collaboratively and in a coordinated manner, across and within jurisdictions, with a view to enhance existing criminal justice responses to child sexual exploitation, particularly through the use of technologies such as the Internet.

Working with Aboriginal Partners to Address Aboriginal Issues

Ministers discussed a range of Aboriginal Justice issues and agreed that the justice system should better serve the needs of Aboriginal people. A series of challenges was discussed, including Aboriginal over-representation in the criminal justice system as offenders and victims and their under-representation as police officers, judges and lawyers. In this regard, Ministers discussed the need to develop, in partnership with Aboriginal people, appropriate community-based and institutional responses.

Trafficking in Persons

Ministers discussed the domestic and global dimensions of trafficking in persons. They expressed support for federal proposals to strengthen criminal justice system responses to human trafficking, with a view to ensuring that traffickers are held accountable and victims are better protected against it.

Spousal Abuse

Ministers reaffirmed their continuing commitment to work collaboratively to ensure a strong and effective response by the criminal justice system to spousal abuse and to ensure that sentencing in these types of cases are fair. Ministers agreed to ask FPT officials to continue to comprehensively explore the issue of spousal violence, including appropriate sentences and an efficient criminal justice process.

Intoxicating Inhalants

Ministers discussed trafficking and use of intoxicating inhalants. They approved recommendations from the FPT Working Group on Drug Issues, which, for example, called for the creation of a specific offence for trafficking inhalants.

Other Justice Issues:

Civil Marriage

The Ministers discussed the Government of Canada’s plan to extend civil marriage to same-sex couples.

Drug Issues

An update was given on the progress of an FPT Working Group spearheading efforts to combat marijuana grow operations.

Ministers discussed the ramifications of the federal government’s proposed cannabis reforms, noting that the Parliamentary Committee reviewing the Bill will have an opportunity to propose amendments. Particular support was expressed for proposed legislative amendments that would provide stronger measures against grow operations. Some Ministers expressed concerns about decriminalization for the possession of small amounts of marijuana.

Ministers also considered the serious harms associated with methamphetamine use and discussed whether further reforms to deal with precursor chemicals and to establish tougher penalties were needed.

Use of Syringes in Robbery

Ministers agreed to ask the FPT Working Group on Sentencing to examine the issue of appropriate penalties for robberies when committed with a syringe or other weapon.

Impaired Driving

There was discussion among Ministers on impaired drivers who commit the offence while a child is a passenger in the vehicle. It was noted that the Criminal Code already includes aggravating factors for sentencing purposes where the impaired offender had an extremely high blood alcohol concentration level. The discussion focused on whether similar aggravating factors or increased penalties are necessary when children are involved as passengers. Ministers agreed that FPT officials should consider the need for possible reforms.

Theft of Motor Vehicles

Ministers discussed motor vehicle theft and the need to ensure appropriate penalties are in place to target those who steal vehicles and recklessly threaten the lives of others. Ministers agreed to ask their officials to study vehicle theft to determine whether a separate indictable offence is needed, and whether increased penalties would be appropriate to reflect the seriousness of the crime. These officials would also consult with the National Committee to Reduce Auto Theft.

Victim Surcharge

Ministers agreed to ask FPT officials to study the implementation of the victim surcharge and any obstacles to its effectiveness, including the need to increase the amount applicable to fines. This decision followed a discussion on the potential need for an amendment to raise the amount of the victim surcharge to 20% of the fine imposed for Criminal Code offences. The revenue from this surcharge is used to provide assistance to victims of offences.

Joint Session of FPT Ministers Responsible for Justice and Emergency Management:

Ministers also participated in a first-ever joint session with their counterparts responsible for emergency management, who had met just prior to discuss their own agenda items. Discussions at the joint session focussed on issues such as the current Parliamentary review of the Anti-terrorism Act and an update on the threat environment in Canada by security officials. An FPT Working Group on Counter-Terrorism has been established and Ministers asked their officials to coordinate their anti-terrorism activities.

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