Justice Committee calls on Wilson-Raybould to clean up ‘hodgepodge’ Criminal Code

Justice Minister Jody Wilson-Raybould is being called on by members of the House Justice Committee to table legislation that would clean up the "hodgepodge" of outdated and unconstitutional provisions in the Criminal Code of Canada. The longer such provisions of the Criminal Code remain in place, the more likely it is that judges and prosecutors to make mistakes resulting in mistrials and appeals, the committee is arguing. In an effort to change this, the House Justice and Human Rights Committee wrote to the Ms. Wilson-Raybould (Vancouver-Granville, B.C.), seeking her commitment to get moving on a mandated review of the criminal justice system and embark on a housecleaning exercise: repealing all the parts of the Criminal Code that are no longer applicable. Last Thursday, the minister told The Hill Times in an email that the broader criminal justice system review has gotten underway. She said that during the break in House business last week, Ms. Wilson-Raybould consulted stakeholders, met with her provincial counterparts, and held regional roundtables in Moncton, N.B., and Halifax. “Given that the last broad review of the criminal justice system occurred in the 1980s, an in-depth examination of how the system is currently working will assist in identifying gaps and pressure points to ensure an efficient and effective justice system,” Ms. Wilson-Raybould said in the email. She said taking an “in-depth look” at the justice system is a priority for her. Liberal MP Chris Bittle (St. Catharines, Ont.), a member of the House Justice Committee, told The Hill Times he could see this being a two-stage process, where Parliamentarians can “eliminate what needs to be eliminated right away,” as the Minister gets to work consulting on the broader review. “It’s not the big sexy Criminal Code review. It’s technical, it’s legal, but I think it’s important at the end of the day. … And if we can clean up the Criminal Code a bit before we get into a broader Criminal Code review, then I think that’s something we should take advantage of,” said Mr. Bittle. On Sept. 27, during an in-camera meeting on committee business in Centre Block, the legal-minded members of the House Justice and Human Rights Committee got on the topic of the recent Travis Vader murder case, spurring this idea. The case saw Alberta Justice Denny Thomas convict Travis Vader of second-degree murder in September for the deaths of Marie and Lyle McCann, a senior couple who have been missing since 2010. However, shortly after the ruling was read, and unconventionally televised, legal experts pointed out the high likelihood the conviction would be appealed and possibly deemed a mistrial, based on the fact that Justice Thomas in his ruling relied heavily on Sec. 230 of the Criminal Code, which had been ruled unconstitutional back in 1990. This has been seen in legal circles as a serious error, and explained by the fact that the section remains a part of the Criminal Code, like many other unconstitutional parts. In the context of this case, and considering that the justice minister has been mandated to conduct a review of the criminal justice system, the committee unanimously agreed—on the suggestion of Liberal MP committee Chair Anthony Housefather (Mount Royal, Que.)—to send the justice minister a letter signed by the chair and co-chairs, Conservative MP Ted Falk (Provencher, Man.) and NDP MP Murray Rankin (Victoria, B.C.), to recommend her department prioritize tabling a bill that would repeal “all provisions of the Criminal Code that have been found to be unconstitutional or inoperative." The letter also stated the committee would be willing to help with this mammoth task of tidying up the Criminal Code, and requested the minister respond and provide a list of all outdated and unconstitutional provisions that remain in the law. “Such legislation would avoid mistrials and appeals and reduce undue delays and costs. It would also increase public confidence in the criminal justice system,” the letter reads. In an email to The Hill Times Mr. Housefather said the committee felt the upkeep of removing inapplicable sections of the Criminal Code has been “long neglected” and “induces judges and prosecutors to commit legal errors.” Conservative MP Michael Cooper (St. Albert-Edmonton, Alta.), deputy Conservative justice critic and member of the House Justice Committee, told The Hill Times the Vader verdict brought the need to update the Criminal Code back into the public eye, and the committee was in agreement that it could play a role in making sure the code is an accurate statement of the law “In light of the fact that there are a number of sections of the Criminal Code that are outdated, that have been declared unconstitutional in some cases for 20 or 25 years, we thought it’s important that the minister make updating the Criminal Code, by removing those unconstitutional provisions, a priority,” said Mr. Cooper. Other outdated parts of the code include Sec. 159 that criminalizes anal intercourse, Sec. 71 that could put you in jail for challenging or accepting an attempt to duel, and Sec. 322 that addresses a variety of thefts, including from an oyster bed. “It’s something I think can pass through quickly and avoid future confusion for our courts,” said Mr. Bittle, speaking to the number of provisions that are “laying around that don’t need to be there.” The committee has not yet formally heard back from the minister, but in her response to The Hill Times, Ms. Wilson-Raybould echoed the committee’s sentiment, saying “many recent reforms have often focused on very particular issues and have been implemented through a piecemeal, rather than a comprehensive, long-term strategic approach, and have led to court challenges.” Members concede it will be a daunting and not straightforward task to undertake, given the many years that have gone by without a government or group of Parliamentarians eager to pursue tidying up the Criminal Code. “The Criminal Code is one of the worst pieces of legislation that is on the books for the federal government, not because of its intention and its purpose, but it’s just that things have been put together and in places that may not belong and it becomes sometimes a hodgepodge of issues put together,” said Mr. Bittle. He said it will be a delicate process, considering there are so many judicial decisions that are based on the wording as it exists, and if that gets changed in this process, it could impact how the courts interpret the law. “It’s up there with the Income Tax Act in terms of lack of readability and difficulty, so a broad Criminal Code review is a daunting, difficult undertaking that I know a lot of previous justice ministers have said they want to do, but it’s easier said than done,” he continued. The House Justice Committee is one of the busiest committees each Parliament. Its plate is already beginning to fill for the remainder of the session. Likely next up before the committee will be Bill C-16, the government’s trans bill of rights, which is being debated at second reading this week in the House. As well, Mr. Bittle said he’s anticipating the committee will be tasked with studying the government’s marijuana legalization legislation in the “near future.” It’s expected the legislation will be introduced in the spring. “So a Criminal Code review is on our agenda; the difficulty is finding the time for it,” he said. raiello@hilltimes.com The Hill Times

Justice Committee calls on Wilson-Raybould to clean up ‘hodgepodge’ Criminal Code

In a letter sent to the Justice minister, committee members signalled interest in helping her remove outdated, unconstitutional clauses in the law, parallel to a newly underway justice system review.

Health misinformation is hurting patients and undermining trust. Let’s do something about it.

News

Get free news updates

Opinion

Submit a guest opinion article

resources

Follow us

Advertise

subscribe

get help

Get free news updates

Submit a guest opinion article

Justice Committee calls on Wilson-Raybould to clean up ‘hodgepodge’ Criminal Code

In a letter sent to the Justice minister, committee members signalled interest in helping her remove outdated, unconstitutional clauses in the law, parallel to a newly underway justice system review.

Become a Political Insider