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Federal-Provincial-Territorial Meeting of Ministers responsible for Justice
Vancouver, British Columbia - December 2-3, 1999

FEDERAL-PROVINCIAL-TERRITORIAL MEETING OF
MINISTERS RESPONSIBLE FOR JUSTICE

Vancouver - December 3, 1999 - 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 Lawrence MacAulay, Solicitor General of Canada and hosted by Ujjal Dosanjh, Attorney General of British Columbia.

Organized Crime

Ministers devoted the first morning to discussing organized crime and its harmful effects on the economy and the quality of life of Canadians. The RCMP, the Sûreté du Québec, the Ontario Provincial Police, the Vancouver Police and the Organized Crime Agency of British Columbia, and prosecutors from the Federal and Manitoba departments of Justice addressed Ministers on the threat posed by organized crime. The presentations focused on illegal drugs, economic crime and frauds, money laundering, people smuggling, gangs and intimidation.

Ministers noted that organized crime is a national problem and a fundamental threat to civil society. Ministers noted the transnational nature of organized crime and the need to work with other countries, especially with the United States, to fight organized crime. Jurisdictions have undertaken a number of new separate and joint initiatives since ministers endorsed the Joint Statement on Organized Crime and the Principles for Shared Action at their Regina meeting last year. Examples include recent federal action to renew the Canadian Police Information Centre (CPIC), the regional anti-gang units set up in Québec, the Provincial Outlaw Motorcycle Gang Enforcement Unit of the Ontario Provincial Police, the new Organized Crime Agency of British Columbia and the Alberta government funding of a special unit to tackle serious crime.

Ministers directed their Steering Committee of Deputies to develop specific proposals to strike against organized crime that would include a review of laws to see how they can be updated and strengthened. For example, Manitoba introduced a resolution on criminalization of gang recruitment and Ontario proposed that membership in a gang or criminal organization be an aggravating factor in sentencing. Ministers emphasized the importance of the federal government introducing new money laundering legislation and the need to work closely with the provinces in implementing the legislation. Deputies were also tasked to further improve partnerships among federal, provincial/territorial and municipal jurisdictions to maximize expertise, to develop a strategy to coordinate resources, and to examine ways of increasing public awareness of the impact of organized crime. Ministers asked Deputies to report back at the next meeting of Ministers.

Criminal Harassment

Ministers made a commitment to strengthen the criminal justice system's response to criminal violence against women, to treat criminal harassment as a serious offence and to better protect victims of stalking. The Federal Justice Minister agreed to recommend to Parliament to increase the maximum penalty available for stalking from five to ten years and hoped that the legislative amendments would be ready for late winter or early spring. In appropriate cases those who carry out criminal harassment would then be subject to dangerous offender provisions providing for the imposition of indefinite sentences.

Ministers announced the release of "A Handbook for Police and Crown Prosecutors on Criminal Harassment", a practical resource tool that will strengthen the hand of police and prosecutors to combat serious crime and which may be adapted to the unique needs of each jurisdiction.

High-Risk Offenders

Ministers directed that an evaluation be undertaken on the effectiveness of Bill C-55 in protecting the public. Bill C-55, which included a new Long-Term Offender designation, provides for incarceration and long-term supervision of up to 10 years and, a new "peace bond" option to control high-risk offenders in the community. All of these measures are currently in place and there has been a significant increase in the use of the dangerous offender provisions since the Bill was passed in 1997.

It was agreed that officials would proceed with the implementation of a community integration pilot project that would focus on coordination of local services to deal with especially high-risk cases in the community and report back.

Custody and Access to children of divorced and separated parents

While not agreeing to specific legislative reform, Ministers recognized the need to address the negative consequences of separation and divorce on children and their families and support a collaborative federal, provincial and territorial response that will include both service and legislative components.

Ministers confirmed their support for the statement of objectives and principles as a guide for the joint reform process. They agreed to support continued work and consultations with Canadians on possible child focused amendments to the Divorce Act. The legislative reform would be carried out in close collaboration with all jurisdictions and respect family law programs and reforms including the Civil Code of Québec.

Ministers agree that any reforms should be child centered and in the best interest of the child. Reforms should also encourage the use of appropriate dispute resolution retaining court as a last resort.

Criminal Procedure Reform

There was significant support by Ministers for Phase III of Criminal Procedure Reform and the federal government was urged to proceed quickly with this initiative on the understanding that discussions would continue on further procedural and structural reforms to the courts and justice system.

Phase III involves the reclassification of over 90 Criminal Code offences into "dual procedure" offences; that is those now punishable by indictment also be able to be prosecuted by summary conviction procedures. Phase III also includes modifying some procedural aspects of preliminary inquiries, facilitates the use of new technologies, and provides for rules of court in relation to case management.

Ontario would not support any reclassification reform that would have the effect of reducing the maximum penalties for serious violent crimes. Ministers confirmed the intent of the changes was to improve operations and timeliness of the court system and was not for serious violent crimes.

Commercial Law Strategy

Ministers recognize that businesses need an effective and certain legal régime to be competitive. Ministers approved a strategy to modernize the laws governing commercial transactions, in order to ensure that Canada has a competitive infrastructure for global commerce in the new century. The Ministers agreed as well that the enforceability of commercial rights should be harmonized across Canada, respecting the Civil Code and Common Law, to remove inter-provincial trade barriers.

The federal government announced it would contribute to funding for a National Coordinator for the Commercial Law Strategy. The federal funding will come from the Departments of Justice and Industry for an initial period of one year.

Restorative Justice

Ministers discussed Restorative Justice and noted its growing support among the courts, lawyers, law enforcement and corrections professionals, and advocates of both victims and offenders. Restorative Justice complements traditional criminal justice practices as a community-based approach to deal with crime.

It was noted that, in this area, the traditions of aboriginal communities in developing holistic responses to offending are being adopted across Canada.

Ministers acknowledged that although Restorative Justice has evolved at varying rates among individual jurisdictions, its underlying principles, accountability of the offender and healing and closure for the victim, are constant.

Minister McLellan iterated that she will ensure that restorative justice is integrated into the department's key policy initiatives such as Aboriginal Justice, crime prevention, youth justice and victims.

Reform of Section 690, Criminal Code

In October 1998, Minister McLellan released a consultation paper, seeking submissions on reform to the section 690 Criminal Code conviction review process. A number of options for reform were identified through the consultation process.

Minister McLellan reported to her colleagues on the results of those consultations and discussed the range of options she is considering for reforming Section 690 of the Criminal Code to deal with allegations of wrongful conviction. The Minister is looking for a fair and efficient solution that best serves the Canadian public and our system of justice, and a solution that balances the principles of fairness, timeliness, openness and accountability.

Details of the reforms to the Section 690 review process and structure to be undertaken in the near future will be provided to all Ministers by Minister McLellan.

Effective Sentencing

Ministers addressed concerns expressed by some jurisdictions on sentences. They discussed a range of issues including sentences for criminal harassment, conditional sentences, intermittent sentences, home invasion, transitional release during the last third of sentences, and gang activity.

Ministers directed officials to review the issues and report back at their next meeting.

Integrated Justice Initiative

Ministers discussed the need to continue to improve the way criminal justice information is shared among criminal justice partners, so that criminal cases are handled better, smarter and faster across the country. Ministers expressed strong support for better information-sharing and effective partnerships between the police, courts and corrections systems. It was noted that all jurisdictions are working on integrated information initiatives to ensure the right information is available to those in Canada's criminal justice system who need it.

Officials were directed to advance the work and deliver a progress report at the next meeting.

Youth Justice Renewal

Ministers discussed the broad range of views that they hold on youth justice, in general, and the proposed Youth Criminal Justice Act. With the exception of Ontario and Québec, there was a consensus among the provincial and territorial ministers that there be further consultations on the form and substance of the Bill to allow for amendments at Committee and third reading and a commitment to delay implementation for a year.

Ministers expressed concern about the complexity of the proposed legislation and reduction of federal cost-sharing contributions from the original 50/50 model.

Minister McLellan acknowledged the concerns, undertook that there would be meaningful consultations, and invited proposals from the jurisdictions as to how to improve the Bill. Officials will meet in January to discuss those proposals. She also restated the federal government commitment to an additional $206 million to youth justice programs, over five years.

Ontario and Québec continue to oppose adoption of the Bill. Ontario called on the federal government to adopt tougher measures including the prosecution of youth 16 and older as adults and ensuring that youths under 12 can be prosecuted for serious or violent offences.

Québec based on a unanimous motion from the National Assembly called on the federal government to suspend the adoption of Bill C-3 in order to allow for a better evaluation of how the provinces apply the Young Offenders Act and to ensure that Québec will be able to maintain its approach.

Aboriginal Justice

A unanimous provincial/territorial resolution supporting early renewal of the Federal Aboriginal Justice strategy was tabled. Ministers noted the importance of community-based Aboriginal Justice initiatives and the federal Minister of Justice committed to seeking an early renewal. The recent Marshall decision was discussed and Ministers agreed to work cooperatively on matters of mutual concern.

Home Invasions

Ministers acknowledged the public concern in this area and were unanimous in sending a message that those committing home invasions will be caught, prosecuted and incarcerated. It was agreed that changes to the Criminal Code to provide an even clearer message to potential home invaders must be considered.

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