Overview of Recent Activities and Achievements - August 2003
Table of Contents

INTRODUCTION

This Overview of Recent Activities and Departmental Achievements summarizes accomplishments of the Department of Justice between August 2002 and August 2003.

Over the past year, the Department has focused on cutting-edge leadership and excellence in areas of law and policy that are aligned with government priorities. Modernizing the law to meet the needs of all Canadians was a continued priority, as demonstrated by the introduction of a variety of reforms. For example, those who are often most vulnerable - our children and youth - would be afforded important new protective measures to safeguard their well-being, under reforms introduced by the Government of Canada this past year. Other legislative proposals would ensure that punishments match the severity of the crime, be it alternative penalties for possession of small amounts of cannabis, or tough new criminal consequences for corporations who commit fraud or jeopardize workplace safety. Draft legislation recently referred to the Supreme Court of Canada recognizes the unions of same-sex couples and, at the same time, respects freedom of religious belief in this matter.

This Overview also highlights other recent legislative measures, as well as important developments in policy and program areas. Collectively, these efforts confirm the Department's commitment to a justice system that reflects Canadian values of fairness, equality, respect and accountability, while keeping pace with the changing needs of a diverse society.

KEY HIGHLIGHTS 2002-2003

Marriage and the Legal Recognition of Same-sex Unions

In November 2002, the Minister of Justice released a discussion paper entitled Marriage and the Legal Recognition of Same-sex Unions. This discussion paper provided contextual information about the issue of marriage and legal recognition of same-sex unions, including relevant legal information and a survey of what the provinces, territories and other countries are doing to legally recognize same-sex conjugal relationships, as well as set out some possible approaches to this question in Canada. Since that time, the courts of appeal of British Columbia and Ontario released their decisions, ruling that the opposite-sex requirement for marriage is unconstitutional and directing that marriage be open to same-sex couples.

In July 2003, the Minister of Justice announced that the Government of Canada had referred a draft bill on marriage and the legal recognition of same-sex unions to the Supreme Court of Canada. This announcement followed earlier notices by the Prime Minister that the Government would not appeal the decisions of courts in British Columbia, and Ontario, and by the Minister of Justice that the Government would withdraw from the Quebec appeal on the definition of marriage.

The draft bill provides for legal recognition of the unions of same-sex couples and, at the same time, respects freedom of religious belief in this matter - one of Canada's basic values.

The draft bill being referred to the Supreme Court would provide a Canada-wide approach that strikes the right balance between recognizing the equality of all Canadians, and at the same time, ensuring that freedom of religion - another fundamental Canadian value - is equally respected. Churches and religious organizations currently have the freedom not to perform marriages that are contrary to their beliefs. They also have the ability to set additional qualifications that are in keeping with their religious beliefs before they will perform a marriage ceremony. This would not change under any new legislation.

After the Supreme Court has examined the draft bill and given its opinion on the constitutional questions set out in the reference, a bill will be introduced in the House of Commons, debated through the usual legislative process, and put to a free vote in the House before moving on to the Senate. The Government of Canada believes that a strong, effective democratic system depends on a dynamic dialogue between Parliament and the courts. This dialogue enhances the democratic process by ensuring that our laws reflect the fundamental values of the Charter.

Cannabis Reform

In June 2003, the Government of Canada responded to recommendations of the House of Commons Special Committee on the Non-Medical Use of Drugs and a Speech from the Throne commitment to renew Canada's Drug Strategy and to reform the law concerning cannabis possession and cultivation. This commitment is the subject of Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act.

The Bill includes measures that would help ensure the penalty available to deal with cannabis possession offences is appropriate to the seriousness of the crime. Bill C-38 would employ the Contraventions Act, which allows tickets to be issued for minor federal offences, using existing provincial systems to process the tickets. Under the proposals, several new possession offences would be added to the list of offences to which the Contravention Act applies:

• Possession of 15 grams or less of marijuana, punishable by a fine of $150 for an adult, $100 for a youth.
• Possession of one gram or less of cannabis resin, punishable by a fine of $300 for an adult and $200 for a youth.
• In cases of possession of 15 grams or less of marijuana or one gram or less of cannabis resin where aggravating factors exist, the fines are $400 for an adult and $250 for a youth.
• Possession of between 15 grams and 30 grams of marijuana. A police officer would decide if the person should receive a ticket or issue a summons for a summary conviction. The ticket fine would be $300 for an adult and $200 for a youth. The summary conviction penalty would be up to six months imprisonment and/or up to a $1,000 fine.

The parent or guardian of anyone under 18 would be notified that the youth has received a ticket or has been charged.

Tougher penalties are proposed for illegal growers. The reforms, which distinguish production offences depending on the total number of marijuana plants, will help differentiate between small-scale growers and commercial cultivation, as well as ensure greater consistency in sentencing. The larger the operation, the greater the penalty, with a maximum 14 years in prison for anyone found with more than 50 marijuana plants. This is double the current maximum penalty of seven years. Current penalties for cannabis trafficking will not change.

Protection of Children and Other Vulnerable Persons from Harm

In December 2002, the Government of Canada introduced Bill C-20, a package of reforms that will help safeguard children and other vulnerable persons from sexual exploitation, abuse and neglect, and will better protect victims and witnesses in criminal justice proceedings.

Proposed steps to modernize the Criminal Code include:

• strengthening child pornography provisions by narrowing existing defences of child pornography to a single defence of "public good" and expanding the current definition of written child pornography;
• creating a new category of sexual exploitation to protect those between 14 and 18 years of age, allowing the courts to consider whether a relationship is exploitative based on its nature and circumstances;
• increasing maximum sentences for child-related offences, including sexual offences against children, failure to provide the necessaries of life, and abandonment of a child;
• facilitating the testimony of child victims and witnesses by providing for greater clarity, consistency and certainty for the use of testimonial aids for victims and witnesses under the age of 18 years; and
• introducing new offences of voyeurism, which would make it a crime, under specific circumstances, to deliberately and secretly observe or record another person where a reasonable expectation of privacy exists.

Corporate Criminal Liability

In June 2003, the Minister of Justice introduced legislation to help increase workplace safety and ensure organizations, including corporations, are held accountable when they commit criminal offences. Building on recent enhancements to Part II of the Canada Labour Code, the proposed Criminal Code amendments in Bill C-45 impose a legal duty on employers and those who direct work to take reasonable measures to protect employee and public safety. Wanton or reckless disregard of this duty causing death or bodily harm could result in a charge of criminal negligence.

The Government's proposals will also update the law on corporate criminal liability by ensuring it reflects the current structures of modern organizations. The proposed measures would make corporations criminally liable:

• when, with intent to benefit the corporation, directors, executives or managers intentionally commit - or direct employees to commit - crimes, or do not take action when they become aware that other employees are committing crimes; or
• when the actions of representatives of the corporation, taken as a whole, demonstrate a lack of care that constitutes criminal negligence, and management failed to take reasonable measures to prevent the negligence.

The proposed amendments were first outlined in the Government's November 2002 response to the 15th Report of the House of Commons Standing Committee on Justice and Human Rights on workplace safety and corporate liability, a review prompted by the Westray mine disaster in Nova Scotia.

Capital Markets Fraud and Enhanced Evidence Gathering Tools

As part of the Government of Canada's plan to bolster confidence in Canada's capital markets, the Minister of Justice introduced new legislation (Bill C-46) in June 2003 to ensure that individuals and companies that violate the public trust through fraudulent activity involving the markets face punishments consistent with the seriousness of the crime.

Key measures include:

• creating two new offences - improper insider trading, to target employees of corporations and others who use information not available to other investors in order to benefit themselves, and employment-related intimidation, to protect employees who report unlawful conduct within their corporation;
• raising maximum sentences and establishing specific aggravating factors for existing fraud offences;
• adding production orders, with appropriate safeguards, to the Criminal Code, to enhance the evidence-gathering tools available to investigators. These orders would be similar to search warrants but more effective and less disruptive for the holder of the documents or data, and would apply to all criminal offences;
• strengthening the investigation and prosecution of serious capital market fraud cases, as the Attorney General of Canada would, under the proposed reforms, exercise concurrent jurisdiction with the provinces to prosecute large-scale market fraud cases and certain related offences under the Criminal Code.

In addition to the introduction of legislation, the Government of Canada also announced the creation of Integrated Market Enforcement Teams to better coordinate and strengthen enforcement against capital markets fraud. Department of Justice lawyers from the Federal Prosecution Service will join RCMP investigators and other investigative experts on initial teams in Toronto, Vancouver, Montreal and Calgary.

Youth Justice Renewal Initiative

In April 2003, the Youth Criminal Justice Act (YCJA) came into force as the centrepiece of a broader initiative to renew youth justice in Canada. The goals of the Youth Justice Renewal Initiative are:

• increased public confidence in the youth justice system;
• a fairer, more effective youth justice system;
• reduced use of courts by youth justice officials;
• reduced use of custody by judges for non-violent crimes; and
• responses by those working in the youth justice system that are proportionate to the severity of the offence.

For professionals responsible for implementing the new Act, YCJA Explained was developed as a comprehensive guide to the new legislation, available online and on CD-ROM. The Youth Criminal Justice Act: Summary and Background was originally released in April 2002 and updated in February 2003.

Key activities under the broader Youth Justice Renewal Initiative in 2002-2003 included:

• hosting cross-country orientation sessions to give those working in the youth justice system an in-depth understanding of how to apply the new law, and to discuss with Aboriginal and community groups their role in supporting it;
• continuing to support, through the Youth Justice Renewal Fund, projects that contribute to the achievement of the broad goals of the Youth Justice Renewal Initiative;
• presenting, in collaboration with the Canadian Association of Chiefs of Police, the third annual Minister of Justice National Youth Justice Police Award in August 2002;
• awarding grants to three schools for the implementation of solutions consistent with the spirit of the YCJA. This was part of the Youth Justice Challenge, launched in collaboration with ePALS.com Classroom Exchange; and
• distributing an animated and interactive CD-ROM for youth and those who work with youth to raise awareness about the Youth Criminal Justice Act, the consequences of committing a crime, and the contribution made by professionals involved in various stages of the youth justice system.

Twelve of 13 provincial and territorial governments have signed five-year financial agreements respecting federal contributions to youth justice services and programs. The agreements, developed through consultations and negotiations, cover activities associated with implementation, including orientation and training and expanding partnerships with organizations working with youth. Four funding components under the Youth Justice Renewal Fund are earmarked for provinces and territories. About 74 projects were undertaken and more than $7.7 million committed to provincial and territorial initiatives in 2002-2003.