6. Other Issues

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HIV non-disclosure

“HIV non-disclosure” refers to criminal cases where a person living with HIV, who is aware of their status and knows they are infectious, does not disclose their HIV status before sexual activity that poses a “realistic possibility of transmission”.

• The Government is committed to addressing the criminal justice system’s response to HIV non-disclosure, as reflected in its 2022-2023 public consultation on the criminal law’s response to HIV non-disclosure cases.
• Other efforts include a 2017 Justice Canada report on the criminal justice system’s response to HIV non-disclosure cases, which identified concerns with the scope of existing non-disclosure law, particularly in light of the most recent scientific evidence on HIV transmission.
• Building on that report, in 2018, the then Attorney General of Canada issued a Public Prosecution Service of Canada directive to limit prosecutions in non-disclosure cases, consistent with this scientific evidence.
• Question: What are the results from the Government’s public consultation on the HIV non-disclosure?
  • A majority of respondents agreed that:
    • sexual offences should not be used in HIV non-disclosure cases;
    • the criminal law should not apply where the accused took reasonable precautions to protect their sexual partners from transmission, such as anti-retroviral therapy or condom use; and,
    • a specific sexually transmitted infection or HIV offence should not be enacted.
    • Respondents had different views on whether the criminal law should be limited to cases where the accused actually transmitted HIV and the accused specifically intended to transmit HIV.
• Question: Will the Government be pursuing law reform in this area?
  • The Government continues to study the scope and impact of the criminal law as it applies to non-disclosure of HIV.

Background

On July 27, 2022, the Government committed to consult Canadians on the criminal justice system’s response to HIV non-disclosure, which was identified as a priority issue by stakeholders during consultations undertaken with 2SLGBTQI+ communities in 2020-2021. Justice Canada held an online consultation from October 2022 to January 2023, which was a deliverable of the 2SLGBTQI+ Action Plan, launched on August 28, 2022. The consultation sought views on the criminal law’s response to cases involving individuals who fail to disclose their HIV status prior to engaging in consensual sexual activity. The criminal law currently requires a person to disclose their HIV status prior to sexual activity that poses a “realistic possibility of transmission”, or they risk being charged with aggravated sexual assault, the Criminal Code’s most serious sexual offence (Mabior, 2012). Some courts have found a “realistic possibility of transmission” to be present even where the risk of transmission was very low and transmission did not occur. Many have raised concerns about the “over-reach” of non-disclosure criminal law, including a majority of the House of Commons Standing Committee on Justice and Human Rights in its 2019 report entitled Criminalization of HIV Non-Disclosure.

The Government has shown its commitment to address these concerns, including by: committing to work with provinces and territories, and impacted communities to study the issue; subsequently releasing a 2017 Justice Canada report on the criminal justice system’s response to HIV non-disclosure, which identified the problem and provided an overview of the Public Health Agency of Canada’s (PHAC) analysis of the most recent scientific evidence on sexual transmission of HIV; PHAC’s subsequent release of its analysis in the Canadian Medical Association Journal in 2018; the release of a Public Prosecution Service of Canada directive informed by Justice Canada’s 2017 report and PHAC’s analysis; and, the Government’s 2022-2023 public consultation, noted above. The Government continues to study the scope and impact of non-disclosure criminal law.

Advice to the Minister – Indigenous Justice Strategy

The overrepresentation of Indigenous people in the justice system is a serious and complex issue rooted in systemic racism and the legacy of colonialism. The Government of Canada is committed to advancing reconciliation with Indigenous peoples and to developing, in consultation and collaboration with Indigenous partners, provinces and territories, an Indigenous Justice Strategy (IJS) that is informed by the lived experiences of First Nations, Inuit and Métis.

• The Government of Canada recognizes that systemic discrimination and inequities exist within the justice system. As part of our response to these challenges, we are committed to developing an IJS in consultation and cooperation with Indigenous peoples and in close collaboration with the provinces and territories. This strategy will identify the legislative, program and policy measures needed to support the revitalization of Indigenous legal traditions and justice systems, while also creating needed change within the existing criminal justice system.
• Budget 2021 provided Justice Canada with $24.2 million over three years (until 2023-2024) to advance this priority work.
• Following a call for proposals launched in December 2021, $11 million in funding was provided to 38 Indigenous governments, communities and organizations – reflecting the diversity of Indigenous perspectives – to help them undertake their own engagements with their members. To compliment this Indigenous-led engagement, Justice Canada has engaged directly with a diverse representation of Indigenous voices.
• The release of the Indigenous Justice Strategy is planned for 2024. Justice Canada has been working to balance the need for urgency and action with the need to take appropriate time to ensure the IJS accurately reflects the needs and priorities of First Nations, Inuit and Métis across the country.
• Question: What engagement has been undertaken thus far to inform the development of the Indigenous Justice Strategy?
  • The perspectives of Indigenous peoples are at the heart of this transformative work. Over the past two years, 38 Indigenous governments, communities and organizations have been engaging with their members and citizens to identify potential elements of the IJS.
  • In parallel, Justice Canada has also been engaging directly with First Nations, Inuit and Métis as well as Indigenous women, youth, Elders, persons with disabilities, 2SLGBTQI+ persons, Indigenous people residing in urban areas, as well as those with lived experience in the justice system.
  • Given their key role and jurisdiction in relation to the administration of justice in Canada, provinces and territories have been invited to participate in the Justice Canada-led engagement sessions with Indigenous partners and other key stakeholders. Moreover, discussions on the IJS and other ongoing measures to address the overrepresentation of Indigenous people in the justice system will also continue at federal, provincial and territorial meetings, including in meetings with National Indigenous Organizations.
• Question: What will the Indigenous Justice Strategy contain?
  • The specific contents of the IJS are still to be determined. To date, Indigenous partners have emphasized that this strategy must address issues that span across the justice system continuum, from prevention to re-integration. This includes crime prevention, restorative and Indigenous justice approaches, revitalization of Indigenous justice systems and legal traditions, self-determination in the administration of justice and legislative reforms. There is also a broad consensus on the pressing need for increased and sustainable funding to support culturally sensitive interventions in these areas.

Background

In January 2021, the Prime Minister mandated the Minister of Justice and Attorney General of Canada with “developing, in consultation and cooperation with provinces, territories, and Indigenous partners, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system.” This was reiterated in the December 2021 supplementary mandate letter, along with an additional mandate to advance “the priorities of Indigenous communities to reclaim jurisdiction over the administration of justice in collaboration with the provinces and territories, and support and fund the revitalization of Indigenous laws, legal systems and traditions.”

Justice Canada-led engagement

To compliment the Indigenous-led engagement, Justice Canada has been engaging directly with a diverse representation of Indigenous voices, including Indigenous justice experts, Elders, 2SLGBTQI+ people, women, youth and Indigenous people in urban areas, to help identify priority gaps. The first wave of 26 virtual dialogue sessions, from November 2022 to March 2023, convened over 700 participants across various distinctions and regions. The outcomes of this engagement are captured in a What We Learned Report, which is publicly available on the Justice Canada website.

In April 2023, Justice Canada launched Wave 2 of its engagement on the Indigenous Justice Strategy, which concluded in December 2023. As part of this wave, Departmental officials organized, alongside Indigenous and provincial/territorial partners, in-person sessions in each jurisdiction (except for Northwest Territories, as they were in a fire crisis at the time), following each with broader virtual gatherings. A second What We Learned Report on the outcomes of this wave of engagement will be published in early Spring 2024.

Linkages to other Indigenous justice priorities

The Indigenous Justice Strategy will respond to a number of the Truth and Reconciliation Commission’s Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice that relate to addressing systemic discrimination and the overrepresentation of Indigenous people in the justice system, whether as victims, accused or offenders. It also addresses the following measure in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan (released on June 21, 2023):

Shared Priority Action Plan Measure 28 – Increase access to justice for Indigenous peoples, strengthen communities and advance self-determination by:

Finalizing an Indigenous Justice Strategy, in consultation and cooperation with Indigenous partners, provinces and territories, that will provide the framework for concrete actions to address systemic discrimination and the overrepresentation of Indigenous people in the Canadian justice system.

Release and implementation

The release and early implementation of the IJS is planned for 2024. Currently, Justice Canada officials are working to develop an early draft of the strategy, reflecting what we have learned in our engagements to date.

Advice to the Minister – Canada’s Black Justice Strategy

The Government has placed combatting racism as a priority and is supporting a whole-of-government approach to address it within its institutions.

• The Government of Canada recognizes that anti-Black racism and systemic discrimination exist and are rooted in Canada’s history, and that Black communities continue to live with the effects of prejudice, discrimination, and hatred. That is why the Government has placed combatting racism as a priority and is supporting a whole-of-government approach to address it within its institutions.
• As part of the Government’s commitment to ensure that all people are treated equally before and under the law, we are developing Canada’s Black Justice Strategy. The Strategy is being developed in consultation with Black communities, as well as the provinces and territories, to address anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims and survivors of crime.
• The Strategy will aim to ensure equal treatment for all people in Canada by confronting anti-Black racism and systemic discrimination. The successful implementation of the Strategy could help increase confidence that the justice system is fair and equal for all people in Canada.
• Question: When will the Strategy be ready?
  • Canada’s Black Justice Strategy consists of the Final Strategy Report of the external Steering Group, and the Government of Canada’s implementation plan that will be developed in response to the Report. We anticipate releasing the implementation plan later this year.
• When will the report be publicly available?
  • We anticipate that the Final Strategy Report will be made available in the coming months on the Justice Canada website.

Background

In December 2021, the Prime Minister mandated the Minister of Justice and Attorney General of Canada to develop Canada’s Black Justice Strategy (the Strategy) with the support of the Minister of Diversity, Inclusion and Persons with Disabilities, and the Minister of Public Safety, Democratic Institutions, and Intergovernmental Affairs, and in consultation and cooperation with provinces, territories, and Black communities.

The Strategy aims to: i) address anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims of crime; and ii) ensure that all people in Canada have access to equal treatment before and under the law, as guaranteed by the Canadian Charter of Rights and Freedoms.

In February 2023, an external Steering Group comprised of nine experts and leaders from Black communities, including two co-authors, was established to provide strategic advice to the Government of Canada on key elements for the development of the Strategy, which included providing a Framework to guide engagements and consultations with Black communities.

The Framework, which was published on the Justice Canada website in September 2023, sets out the challenges facing Black people in Canada who are involved in the criminal justice system, including a historical perspective, a legal analysis, a review of existing statistics, a review of recommendations from existing studies and reports, and an identification of knowledge gaps. The Framework also sets out five pillars, or themes, relevant to Black peoples’ experiences with the criminal justice system, and key recommendations from earlier studies and reports under these themes. The five pillars are:

1. Social determinants of justice (income, employment, stable housing, education, and health);
2. Policing;
3. Courts;
4. Corrections; and
5. Parole, Re-entry, and Reintegration.

The Framework guided the community-based consultation process that occurred from September to October 2023. Justice Canada established contracts with 12 Black-led community-based organizations to lead the consultations and engagements with Black communities in nine provinces and territories across the country. To complement this process and ensure that those who were not able to participate in community consultations and engagements could contribute to this important work, Justice Canada also launched an online survey that was available for input until October 20, 2023.

The outcomes of the community and online consultations and engagements were shared with the Steering Group who are using them to develop the recommendations for concrete actions to address the overrepresentation of Black people in the criminal justice system, including as victims of crime.

Once the Steering Group produces its Final Strategy Report, Justice Canada will lead the development of the Government of Canada’s implementation plan to address the recommendations.

Other Issue – Victims of Crime

The Government of Canada is committed to providing meaningful support to victims and survivors of crime, including victims of gender-based violence and intimate partner violence.

• Justice Canada has led the Federal Victims Strategy, or FVS, since 2007. The FVS seeks to improve the experience of victims and survivors of crime by giving them a more effective voice in the criminal justice system.
• Through the FVS, the Government makes significant policy, program and legislative contributions aimed at addressing ongoing and emerging victim issues, increasing access to meaningful services for victims and leading criminal law reform.
• Recent studies and reports, such as those by the Mass Casualty Commission and the Federal Ombudsperson for Victims of Crime, have made recommendations to the Government on how to better respond to the needs of victims and address gender-based and intimate partner violence, which we are taking very seriously.
• Question: What actions the Government has taken to address gender-based violence and intimate partner violence?
  • The Government of Canada recognizes that gender-based violence is a serious problem that requires concerted action. That is why Federal, Provincial, and Territorial Ministers responsible for the Status of Women launched the National Action Plan to End Gender-based Violence in November 2022.
  • That year, the Government allocated $539.3 million over 5 years to enable provinces and territories to prevent gender-based violence and support survivors through the National Action Plan.
  • In addition to programmatic initiatives, the Government has also made legislative changes to better support victims of gender-based violence, including intimate partner violence.
  • In 2019, Parliament passed changes to the Criminal Code to create a reverse onus at bail for accused persons charged with a violent offence involving an intimate partner if they have a prior conviction for violence against an intimate partner.
  • In 2023, Parliament passed legislation that made additional amendments to the bail provisions to expand the reverse onus for intimate partner violence so that it not only captures accused persons who have previously been convicted of an intimate partner violence offence, but also those who have previously been discharged of such an offence.
  • It also passed legislation that would allow anyone to apply for an emergency weapons prohibition order, also known as Red Flag laws, to help reduce gender-based, family, and intimate partner violence.

Background

Federal Victims Strategy

The Government continues to show commitment to protecting victims of crime, in particular victims of gender-based violence (GBV), including victims of intimate partner violence (IPV), and to ending the GBV epidemic. The Federal Victims Strategy (FVS) seeks to give victims and survivors of crime a more effective voice in the criminal justice system, including by ensuring that the perspectives of victims and survivors are taken into consideration when federal policies, programs and legislation are developed.

The FVS has three main levers for enacting change for victims of crime: policy development, criminal law reform, and program development. The Victims Fund is a grants and contributions program that makes funding available to eligible recipients to support the development of new approaches, promote access to justice, improve the capacity of service providers, and/or increase awareness of services available to victims and survivors of crime and their families. In addition, through the Victims Fund, Justice Canada administers multi-year funding agreements with provinces and territories to support them in their responsibility for the administration of justice. Approximately $38 million was provided through the Victims Fund in 2023-2024 to support victim focussed measures across Canada.

Gender-Based Violence and Intimate Partner Violence

Combatting GBV, including IPV, is a priority for the Government of Canada. Launched in November 2022 by Federal, Provincial and Territorial Ministers responsible for the Status of Women, the National Action Plan to End Gender-based Violence (GBV NAP) is a 10-year plan that sets a framework to create a Canada free of GBV – a Canada that supports victims, survivors and their families from coast to coast to coast.

Through Budget 2022, funding of $539.3 million over five years, starting in 2022-23, was provided to Women and Gender Equality Canada (WAGE) to enable provinces and territories to supplement and enhance services and supports within their jurisdictions to prevent GBV and support survivors through the GBV NAP. WAGE has worked with each province and territory to put in place bilateral agreements supporting the implementation of the GBV NAP. The agreements are flexible to enable jurisdictions to address their respective priorities, needs and challenges.

In 2019, former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, enacted amendments that strengthened criminal laws in the context of IPV, with the goal of enhancing victim safety. Among other things, this legislation:

• imposed a reverse onus at bail for accused charged with an IPV offence if they have a prior conviction for violence against an intimate partner;
• required courts to consider whether an accused is charged with an IPV offence when determining whether to release or detain them;
• clarified that strangulation, choking and suffocation constitute a more serious form of assault, and that strangling, suffocating, or choking a person while sexually assaulting them constitutes a more serious form of sexual assault; and
• allowed for the possibility of seeking a higher maximum penalty in cases involving a repeat IPV offender.

Bill C-21, An act to amend certain acts and to make consequential amendments (firearms), received Royal Assent on December 15, 2023. The bill amended the Criminal Codeto enable anyone to make an application to a court for an emergency prohibition order to immediately remove firearms, for up to 30 days, from an individual who may pose a danger to themselves or others. The regime is meant to address situations where an individual poses a risk to themselves, their family or to public safety including perpetrators of intimate partner, gender based or other types of violence to temporarily remove a firearm from that person.

Bill C-48, An Act to amend the Criminal Code (bail reform), received Royal Assent on December 5, 2023, and came into force on January 4, 2024. This bill makes targeted amendments to the bail provisions of the Criminal Code to enhance public safety and public confidence in the administration of justice. These amendments included an expansion of the reverse onus at bail for IPV so that it not only captures accused persons who have been previously convicted of an IPV offence, but also those who have previously been discharged of such an offence.

Other Issue – Foreign Interference

Justice Canada recently completed a public consultation concerning one of Canada’s greatest strategic threats, the risks created by foreign interference by state actors and their proxies in our democracy.

• Foreign interference occurs when foreign states, or their proxies, seek to advance their own strategic objectives to the detriment of Canada’s national interests in a clandestine, deceptive, or threatening manner.
• Canada’s security and intelligence community assess foreign interference as one of the greatest strategic threats facing Canada.
• Our Government recently completed public consultations on potential legislative reforms, which found broad support for increasing the Government’s capacity to counter foreign interference.
• Officials from my department, as well as those of other departments, are reviewing the results of this consultation and I am committed to taking action to strengthen our framework, as necessary.
• Question: What feedback was received in the consultation?
  • Answer: There was general support for new and amended offences to address foreign interference and for and refining the process for dealing with sensitive national security information in judicial reviews of federal administrative decisions. Provincial and territorial partners are in favour of streamlining processes but concerned about overburdening trial courts and prosecutors. Some Indigenous partners have concerns about enforcement but are pleased to know that freedom of expression and peaceful assembly as protected under the Charter will be respected in any reforms.
• Question: What new offences may be recommended
  • Answer: Options are still being reviewed but may include new offences and amendments under the Security of Information Act, including for preparatory acts,andamendments to the existing offence of sabotage in the Criminal Code.
• Question: When does the Government anticipate moving forward with the proposed changes?
  • Answer: I am not in a position to provide a specific timeline, but I can assure you that I understand the importance of timely action.

Background

Foreign interference is an ongoing threat to Canada’s national security. As an advanced economy and open democracy, Canada is often targeted by foreign states, or those acting on their behalf, seeking to advance their own strategic objectives. While foreign states usually advance their interests in legitimate and transparent ways, some also act in ways that threaten or intimidate people in Canada, their families elsewhere or are covert and deceptive, and harmful to Canada’s national interests.

Canadians with family ties to foreign states may be subject to transnational repression and other efforts undertaken by foreign states or their proxies to intimidate, silence, forcibly or coercively repatriate or harm individuals. Canadian democratic institutions are targeted as states attempt to advance their own political interests, undermine public trust, and seek to gain influence over political, business and community leaders. Foreign states seek to sow divisions, undermine social cohesion, and influence public opinion through the use of coercion and disinformation.

Often described as foreign interference, these deceptive, coercive and threatening activities can target all levels of government, the private sector, academia, diverse communities and the general public.

We know that in Canada, threat actors seek, among other things, to:

• Attack or undermine the integrity of democratic institutions, and covertly influence the outcomes of electoral processes, including the nomination of candidates.
• Cultivate influential people to sway government decision-making and policies to advance their interests, and discredit those who threaten their interests,
• Intimidate or harass individuals, who speak out against repression in foreign states, in attempts to stamp out dissent and limit democratic rights and freedoms on Canadian soil, as part of a campaign of transnational repression,
• Intimidate the families of these individuals who reside in those foreign states,
• Steal Canadian-made knowledge, expertise, know-how, and innovation to support their own military or economic objectives,
• Undermine the legitimacy of Canada’s representatives abroad, or the goals of the Canadian government’s international activities, and
• Insert themselves into Canada’s supply chains and critical infrastructure.

While foreign interference activities are not new, they have increased in volume and complexity in recent years. This is why, more than ever, Canada must be equipped with the necessary tools to take proactive and decisive action against the threats posed by foreign interference.

On November 24, 2023 the Government of Canada launched public consultations to solicit views on potential reforms to the CSIS Act, Security of Information Act, the Criminal Code and the Canada Evidence Act. The public consultations found overall support for new and amended offences under the Security of Information Act to address covert and deceptive threats to individuals and democratic processes, including strengthening the penalty for preparatory acts. There was broad support for modernizing the existing offence of sabotage under the Criminal Code. There was also broad support for a Secure Administrative Review Proceedings process to consolidate and expand the Federal Court’s ability to consider national security information in judicial reviews of federal administrative decisions. The Department is currently preparing a “What we Heard” report on the consultations which will be shared in due course.

Advice to the Minister – Refocusing Government Spending (Budget 2023 reductions)

Creation of a $1.2 million frozen allotment in 2023-24 to reflect reductions to travel budgets and spending on professional services pursuant to Budget 2023 – Refocusing Government Spending

• Budget 2023 announced spending reductions of $14.1 billion over five years (2023-24 to 2027-28) and $4.1 billion annually thereafter. These reductions fall into two categories:
  • reductions of $7.1 billion over five years and $1.7 billion annually thereafter in spending on consulting, other professional services and travel;
  • reductions of $7 billion over four years and $2.4 billion annually thereafter in spending on operations and transfer payments.
• The ongoing reduction for the Department of Justice is $15.1 million ($11.9 million in operating expenditures and $3.2 million in grants and contributions).
• The reductions will be reported in Justice’s 2023-24 Departmental Results Report and are reflected in the 2024-25 Departmental Plan, which was tabled on February 29, 2024.
• Although the Department’s salary budget will be reduced, we do not anticipate any full-time employee job losses from this exercise. These savings will be achieved mainly through attrition or by not filling vacant positions.
• Question: How will the Department implement the travel and professional services reductions?
  • Answer: The Department is focusing on reducing discretionary spending by optimizing our existing workforce and seizing new opportunities to carry out our work. Reductions in professional services will focus mainly on finding alternative ways of achieving results. For example, the Department is piloting a new translation tool to reduce dependency on external service providers. The use of new and emerging technologies implemented over the last few years will allow employees to continue to work differently and virtually, enabling the Department to reduce travel costs while also benefiting from technology-enabled participation in events, engagements and learning that was not possible in the past.
• Question: Describe how the Department of Justice approached this reduction exercise.
  • Answer: Justice approached the reduction exercise from the angle of efficiency gains, new ways of working, ongoing service excellence and strategic considerations aimed at minimizing the impact on our people, our clients, our stakeholders, and Canadians.
  • First and foremost, we made the decision to protect our core business – legal services and justice system support.
  • Second, we looked at business lines and organizational structures and assessed their relevance and efficiency.
  • For Grants and Contributions, we focused on programs where we are confident that these reductions will have no impact on Canadians.
  • Finally, we focused on opportunities to innovate and do things differently. This is where we found most of our savings.

Funding (Reductions) (in millions of dollars)

R. v. Bykovets, 2024 SCC 6

On March 1^st, 2024, the Supreme Court of Canada released its decision in R. v. Bykovets, holding that a police request for an IP address associated with suspected criminal activity intrudes upon a person’s reasonable expectation of privacy.

• The Government is closely examining the recent Supreme Court judgment in Bykovets, holding that a police request for an IP address associated with suspected criminal activity intrudes upon a person’s reasonable expectation of privacy.
• The Supreme Court’s reasons make clear that lawful authority is required when police request an IP address in order to link it with suspected criminal activity taking place online.
• IP addresses and other transmission data are important in any investigation that implicates the use of telecommunications, whether the use of the telecommunications was instrumental to the offence or merely incidental.
• The effect of Bykovets on the collection and acquisition abilities of law enforcement and other investigative agencies is being examined but may take several months to assess.
• Question: What impact will Bykovets have on the amendments to the Act respecting the mandatory reporting of Internet child pornography by person’s who provide an Internet service (MRA or Mandatory Reporting Act) brought by Bill C-63?
  • Although the Government continues to study the decision of the Supreme Court in Bykovets, it is the Government’s position that the proposed amendment to the Mandatory Reporting Act brought by Bill C-63, specifically new section 3.1, is consistent with the Canadian Charter of Rights and Freedoms.

Background

On March 1^st, 2024, the Supreme Court of Canada released its decision in
R. v. Bykovets (2024 SCC 6) holding that individuals have a reasonable expectation of privacy in their Internet Protocol (IP) addresses. According to several statements made by the majority, prior judicial authorization would be required for police to obtain IP addresses.

Facts:

In September 2017, the Calgary police commenced an investigation related to the purchase of virtual gift cards using fraudulent credit card information. The payments were processed by a subsidiary of the credit card processor, Moneris. Police contacted Moneris to obtain the IP addresses used for the transactions, and Moneris voluntarily identified two. The police then used a publicly-accessible lookup website and learned that the IP addresses had been issued by TELUS. Police then obtained a production order compelling TELUS to disclose the subscriber information for each IP address, as required by the SCC’s previous judgment in R. v. Spencer (2014 SCC 43).

Prior to trial, Mr. Bykovets brought a Charter application to exclude the evidence discovered as a result of the police’s use of his IP addresses, alleging that the police had infringed his right to be free from unreasonable search and seizure under section 8 of the Charter.

The trial judge denied the application, holding that the police’s request to Moneris was not a search under section 8 of the Charter because Mr. Bykovets did not have a reasonable expectation of privacy in his IP address. The majority of the Court of Appeal dismissed Mr. Bykovets’ appeal, largely for the reasons given by the trial judge.

Reasons of the Supreme Court:

Mr. Bykovets’ appeal to the SCC raised a single issue: does a reasonable expectation of privacy attach to an IP address alone? A majority of the SCC answered in the affirmative.

The majority characterized the seizure of the IP addresses as a search within the meaning of section 8. According to the majority, police were not “really after” IP addresses in the abstract. Rather, police were after the information an IP address tends to reveal about a specific Internet user including their online activity and, ultimately, their identity as the source, possessor, or user of that information. Hence, an IP address provided the police with the means through which to draw immediate and direct inferences about the user behind specific Internet activity.

The private nature of the subject matter was critical in the majority’s conclusion that Mr. Bykovets’ expectation of privacy was objectively reasonable. The SCC found that, on balance, the intensely private nature of the information an IP address may reveal strongly suggests that the public’s interest in being left alone should prevail over the government’s interest in advancing its law enforcement goals.

The SCC concluded that police would therefore need prior judicial authorization to obtain an IP address in order to link online activities to an identifiable individual.

Conclusion:

The SCC decision in Bykovets follows upon the related decision in R. v. Spencer (2014 SCC 43), in which the SCC found individuals have a reasonable expectation of privacy in their subscriber information when linked to an IP address, which would be the key to unlocking an Internet user’s online activity.

In relation to broader impacts for the policing, investigative and intelligence communities, work is being carried out to ascertain how Bykovets will affect their evidence and intelligence gathering activities.

Committee Profile – Standing Committee on Justice and Human Rights

Lena Metlege Diab (Chair)

Liberal Party of Canada

Riding: Halifax West, Nova Scotia

Lawyer

Preferred language: English/French

Biography

Lena Metlege Diab is a community volunteer, lawyer, businesswoman, grandmother and Lebanese-Nova Scotian. Born in Halifax, she lived in Diman, a small tight-knit Lebanese village, from the age of two, fleeing war at the age of 11 and returning back to her family home in Halifax. Mrs. Metlege Diab went on to earn a Bachelor of Arts, a Master of Public Administration, and a law degree. She also had three children while attending law school and articling.

Mrs. Metlege Diab has served as an MLA and as a member of the provincial cabinet, holding the title of Nova Scotia’s first female Attorney General and Minister of Justice. She also served as Minister of Immigration, Minister of Labour and Advanced Education, et Ministre des Affaires acadiennes et de la Francophonie.

Mrs. Metlege Diab has a profound respect for history, tradition, and protection of minorities, as she does the ethos of personal and collective responsibility and recognition of the hard work and sacrifices of others. She values respect for diversity, inclusion, and fairness. She has also trained in collaborative law and mediation. She speaks English, French, and Arabic, and lives in Rockingham with her family.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Lena-Metlege-Diab(109915)

Committees:

Chair of the Standing Committee on Justice and Human Rights

Chair of the Subcommittee on Agenda and Procedure of the Standing Committee on Justice and Human Rights

Member of the Standing Committee on Science and Research

Sponsored Private Member’s Bills or Motions

Sponsor of Bill C-268 (Lebanese Heritage Month Act), introduced April 5, 2022.

For an exhaustive list, please refer to LEGISinfo.

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Gun control
• Bill C-13 (official languages)
• C-9 (judicial conduct)
• Humanitarian aid to Gaza

Question Period:

• École Polytechnique
• Child Care
• Official languages
• MMIWG
• Defence Spending

Social Media:

• Lebanese Heritage Month

Questions at June 5, 2023 Main Estimates appearance:

• What is the Department doing to improve access to justice in Canada?

The Honourable Rob Moore (Vice-Chair)

Conservative Party of Canada

Riding: Fundy Royal, New Brunswick

Lawyer

Former Minister of State (Small Business and Tourism) (2010)

Former Minister of State (Atlantic Canada Opportunities Agency) (2013)

Preferred language: English

Biography

The Honourable Rob Moore was the Member of Parliament for Fundy Royal from 2004 to 2015. During this time, he served as Chair of the Standing Committee on Canadian Heritage, Parliamentary Secretary to the Minister of Justice, Minister of State for Small Business and Tourism and Minister of the Atlantic Canada Opportunities Agency as well as Regional Minister for both New Brunswick and Newfoundland and Labrador.

Mr. Moore was born in 1974 in Gander, Newfoundland. He graduated from the University of New Brunswick Saint John with a Business degree and from the University of New Brunswick Fredericton with a degree in Law. He was called to the New Brunswick Bar in 2000 and practiced law in Rothesay, NB.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Rob-Moore(17210)

Sponsored Private Member’s Bills or Motions

Nil this session – for an exhaustive list, please refer to LEGISinfo.

Justice Topics of Interest to Member

Correspondence and OPQs:

• Q-1290 (Sex Offender Registry)
• Q-2034 (Podcasts Sponsored by the Government)
• Q-2035 (Podcasts Run by the Government)
• Q-2395 (Minister’s Car Theft – Government Assets Reported Stolen) (ongoing)

House debates:

• Auto theft
• Bill C-21 (firearms) impacts on law-abiding citizens / owners of firearms
• Government not doing enough about gun violence and firearms-related offences
• Support of Bill S-12 (SOIRA)
• MAID and mental illness
• Bail reform and tougher sentences for recidivists
• Support for mandatory minimum penalties

Social Media:

• MAID for mental illness
• SCC ruling on Bissonnette/Mandatory Minimum Penalties
• SCC ruling in R. v. Bertrand Marchand (child luring MMPs)
• CPC amendment to Bill S-12 (SOIRA) automatic registry for child sex offenders
• Bail reform for tougher sentences
• Mandatory jail time for trafficking heroin and crimes using firearms
• Critical of potential gun buyback programs
• Critical of safe supply measures
• Critical of current bail measures for repeat offenders

Question Period:

• Opioid trafficking
• Federal Ombudsman for Victims of Crime
• Rise in violent crimes and bail reform
• Gun control (Bill C-21) impacts on law-abiding gun owners
• MAID impact on vulnerable persons
• Bill C-48 (Bail Reform)
• Auto theft

Questions at June 5, 2023 Main Estimates appearance:

• Criticized former Bill C-75 (bail) suggesting the principle of restraint encouraged recidivism and led to an increase in violent crime.

Rhéal Éloi Fortin (Vice-Chair)

Bloc Québécois

Riding : Rivière-du-Nord, Quebec

Lawyer

Preferred language: French

Biography

Rhéal Fortin was elected MP for Rivière-du-Nord in 2015. The lawyer by profession was interim leader of the Bloc Québécois from 2015 to 2017 in addition to being the party’s critic for justice and intergovernmental affairs. The former president of the Laurentides-Lanaudière Bar was particularly involved in the fight against procuring and human trafficking, particularly of underage women. He introduced Bill C-349 to prevent members of criminal organizations from displaying their colors publicly, as well as Bill C-334 to protect journalistic sources. Mr. Fortin also campaigned for the return of public funding to political parties based on the vote received, as is the case in Quebec, in order to eliminate any appearance of a link between money and decision-making. A longtime independence activist, Mr. Fortin has long held the position of local president of the Bloc Québécois and was a founding member of the Mouvement Québec français Laurentides.

Founding partner of the firm Bissonnette et Fortin since 1993, Mr. Fortin has mainly worked in civil and commercial law since his admission to the Bar in 1989. He has been accredited by the Barreau du Québec as a Civil and Commercial Mediator since 1998.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Rheal-Eloi-Fortin(88605)

Committee:

Vice-Chair of the Standing Committee on Justice and Human Rights

Joint Chair of the Special Joint Committee on the Declaration of Emergency (DEDC)

Sponsored Private Member’s Bills or Motions

C-279, An Act to amend the Criminal Code (Criminal organizations)

For an exhaustive list, please refer to LEGISinfo.

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Federal interference in health matters
• Reforms to notwithstanding clause
• Opposition to the Monarchy
• Support for Bill C-21 and gun control
• BIA debate: relevance of the Monarchy and the importance of a foreign interference inquiry
• Supported Bill S-12 (SOIRA) but critical of delays
• Supported Bill C-48 (bail reform) but critical of delays
• Support for motion regarding Senate amendments for Bill C-48 (bail reform)
• Support for amendments to Bill C-62 (MAID extension)
• Support for official bilingualism policy
• Responded to questions about delays in judicial appointments
• Spoke against C-273 An Act to amend the Criminal Code (Corinne’s Quest and the protection of children), although in support of the principle
• Spoke against C-351 An Act to amend the Corrections and Conditional Release Act (maximum security offenders) as he believes it could hamper rehabilitation efforts.
• Support for S-210 (Protecting Young Persons from Exposure to Pornography Act)

Social Media:

• Francophone immigration
• Naming of judges to Quebec Superior Court
• Gun trafficking
• Place of the monarchy

Question Period:

• Relevance of the monarchy
• Public Inquiry into Foreign Interference
• Notwithstanding Clause on Bill 21
• Criminal organizations human trafficking at the border
• Minimum sentences for crimes with firearms and sexual assaults
• Official languages policy and judicial appointments

Questions at June 5, 2023 Main Estimates appearance:

Judicial appointments.

James Maloney

Liberal Party of Canada

Riding: Etobicoke–Lakeshore, Ontario

Lawyer

Preferred language: English

Biography

A civil trial lawyer by training, James Maloney is originally from Thunder Bay and has lived and worked in Etobicoke for forty years. He earned a Bachelor of Arts degree from Bishop’s University, and Law degrees from the University of Windsor and the University of Wales in Cardiff, UK. His father, William Maloney, was appointed to the Supreme Court of Ontario in July 1975 and his mother Marian Maloney was appointed by Prime Minister Jean Chretien to serve in the Canadian Senate in 1999.

Following the resignation of Peter Milczyn from the council, Toronto City Council appointed him interim Councillor of Ward 5 until municipal elections could be held in October 2014. He was first elected to Parliament in 2015 and re-elected in 2019 and 2021.

MP Maloney has a varied volunteer background. He is the former President of the Toronto Lawyers Club and has served on the Board of Directors for the local Franklin Horner Community Centre and the Catholic Children’s Aid Society of Toronto. He is a recipient of the Queen’s Diamond Jubilee Medal.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/James-Maloney(88748)

Offices and Roles as a Parliamentarian:

Parliamentary Secretary to the Minister of Justice and Attorney General

Member of the National Security and Intelligence Committee of Parliamentarians (NSICOP)

Committees:

Member of the Standing Committee on Justice and Human Rights

Member of the Special Joint Committee on the Declaration of Emergency (DEDC)

Member of the Special Joint Committee on Medical Assistance in Dying (AMAD)

Sponsored Private Member’s Bills or Motions

Introduced Private member’s motion M-18 in January 2020 proposing to declare March as Irish Heritage Month, adopted March 10, 2021.

For an exhaustive list, please refer to LEGISinfo

Justice Topics Of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Supported Canada-Ukraine free trade agreement
• Bill S-205 (interim release and domestic violence recognizance orders)
• Bill S-233 (guarantee livable basic income)
• Government position on MAID
• Government position for online harms legislation
• Bill C-57 (Canada-Ukraine free trade agreement).

Social Media:

• SCC Appointment of Justice Mary Moreau
• Bill C-48 (bail reform)
• Addressing hate-crimes
• Situation in Israel
• Support for Bill S-12 (SOIRA)
• Human rights in Tibet
• Truth and Reconciliation
• Use of the Notwithstanding Clause
• Support for Ukraine
• Supported Garrison’s LGBTQIA+ Motion at JUST on February 8, 2024
• Auto Theft Summit
• Support for the Competition Act reform
• Support for the Security Infrastructure Program

Question Period:

Nil

Questions at June 5, 2023 Main Estimates appearance:

N/A

Élisabeth Brière

Liberal Party of Canada

Riding: Sherbrooke, Quebec

Notary

Preferred language: French

Biography

Élizabeth Brière was elected the Member of Parliament for the riding of Sherbrooke in 2019. She is a Sherbrooke resident since 1987, where she currently lives with her husband and three sons. Environment is at the heart of her concerns. She has worked to raise awareness on the impact of personal choices and wants to ensure a safe and equal environment for women.

Ms. Brière holds a Bachelor of Law, a diploma in notarial law, and a certificate in business administration. Prior to her election, she worked as a notary for nearly 30 years and as a lecturer at the Université de Sherbrooke. Ms. Brière was recently a partner at the private firm Monty Sylvestre, focusing on human rights, real estate, and mediation.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/elisabeth-briere(104977)

Offices and Roles as a Parliamentarian:

Parliamentary Secretary to the Minister of Families, Children and Social Development

Committees:

Member of the Standing Committee on Justice and Human Rights

Member of the Standing Joint Committee for the Scrutiny of Regulations

Sponsored Private Member’s Bills or Motions

N/A – For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Concerns about CPC Private Member’s Bill C-311 (violence against pregnant women) as an attempt to reopen the abortion debate
• Support for Bill C-58 (ban on replacement workers)
• Support for Bill S-12 (SOIRA) and the discretion it affords to judges
• Support for Bill C-62 (MAID delay

Social Media:

• Conversion therapy ban in Canada
• Medical assistance in dying (MAID)
• Support for the organization TransEstrie that combats transphobia and homophobia
• Critical of “pro-life” and “pro-convoy” views
• Concerns about the toxic drug crisis
• Expressed support for Bill C-21 (Firearms)

Question Period:

• Drug use and abuse
• Mental health services and accessibility
• Canada Mental Health Transfer
• FPT fiscal arrangement on daycare
• Funding to community organizations
• Drug decriminalization for personal possession
• Statement against Gender-Based violence

Questions at June 5, 2023 Main Estimates appearance:

Nil

Anju Dhillon

Liberal Party of Canada

Riding: Dorval–Lachine–LaSalle, Quebec

Lawyer

Preferred language: English/ French

Biography

Anju Dhillon holds an Honours Bachelor Degree in Political Science from Concordia University, a Bachelor of Law from Université de Montréal, a JurisDoctor (J.D.) and Master of Laws Degrees from Université de Sherbrooke. In October 2015, Ms. Dhillon was elected Member of Parliament for Dorval-Lachine-LaSalle and became Parliamentary Secretary to the Minister of Status of Women.

Her journey as a politician began at the age of 13 when she started volunteering for the Liberal Party of Canada. She sat on the Executive Council of the LaSalle-Emard Federal Liberal Electoral District Association in various positions such as Youth Vice-President, Vice-President Female, Secretary, and Policy Officer.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Anju-Dhillon(88453)

Offices and Roles as a Parliamentarian:

Former Parliamentary Secretary to the Minister of Status of Women and Gender Equality

Committees:

Member of the Standing Committee on Canadian Heritage

Member of the Standing Committee on Justice and Human Right

Sponsored Private Member’s Bills or Motions

Bill C-233, An Act to Amend the Criminal code and the Judges Act (violence against an intimate partner) Royal Assent April 27, 2023

For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Sponsor of Bill C-233 (violence against an intimate partner) which received Royal Assent on April 27, 2023
• Spoke against Opposition Motion calling for establishment of Canada-China Committee
• Abortion as a human right
• Support in principle for Bill S-210, the Protecting Young Persons from Exposure to Pornography Act.

Social Media:

• International Day Against Homophobia, Transphobia, and Biphobia
• Israeli-Hamas war
• Access to safe and more accessible abortion
• Gender equality
• 2SLGBTQI+ entrepreneurship program
• Royal Assent for her PMB, Bill C-233 (violence against an intimate partner).

Question Period:

• Period poverty/menstrual equity
• Humanitarian crisis in Yemen
• Canadian content on online platforms
• Access to abortion
• Online harms

Questions at June 5, 2023 Main Estimates appearance:

Update on the National Inquiry on Murdered and Missing Indigenous Women and Girls (MMIWG).

Anthony Housefather

Liberal Party of Canada

Riding: Mount Royal, Quebec

Lawyer

Preferred language: English/French

Biography

Anthony Housefather has two Law Degrees (B.C.L. and LL.B.) from McGill University and an MBA from Concordia University’s John Molson School of Business. Until he was elected as an MP, he served as Executive Vice President Corporate Affairs and General Counsel at a multinational technological company.

MP Housefather was first elected as a municipal councillor in Hampstead in 1994, then elected in Côte-Saint Luc/Hampstead/Montreal West, and served as Mayor of Côte-Saint-Luc between 2005 and 2015. Housefather was first elected as the Member of Parliament for Mount Royal on October 19, 2015.

He is an active volunteer, athlete and community member. His performance in swimming earned him seven medals at the 2013 Maccabiah Games, and five at the 2017 Maccabiah Games in Israel. He has also been a volunteer for many years in a number of organizations serving the English speaking and Jewish communities.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Anthony-Housefather(88558)

Offices and Roles as a Parliamentarian:

Former Chair of the Standing Committee on Justice and Human Rights (2015-2019)

Former Parliamentary Secretary to the Minister of Labour (2019-2021)

Former Parliamentary Secretary to the Minister of Public Services and Procurement (2021-23)

Committee:

Member of the Standing Committee on Justice and Human Rights

Sponsored Private Member’s Bills or Motions

Motion to condemn Hamas, Nov. 16, 2023

For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

• Letter 2023-014009, sharing an Action plan for combatting anti-Jewish hate in Canada, with a focus on Quebec.

House debates:

• Situation in Israel, Gaza and the West Bank
• Late show speech re. contracting (as Parliamentary Secretary to PSPC)

Social Media:

• Situation in Israel
• Interparliamentary Task Force on Online Antisemitism
• War crimes
• Protection of Gender Identity and 2SLGBQTI+
• Bill C-13 (Official Languages)
• Online News and Meta
• Bill 40 and 21 in Quebec and minority language rights.

QP:

Nil

Questions at June 5, 2023 Main Estimates appearance:

N/A

The Honourable Marco Mendicino

Liberal Party of Canada

Riding: Eglinton–Lawrence, Ontario

Former Minister of Public Safety (2021-2023)

Former Minister of Immigration, Refugees and Citizenship (2019-2021)

Former Parliamentary Secretary to the Minister of Infrastructure and Communities (2018)

Former Parliamentary Secretary to the Minister of Justice and Attorney General of Canada (2017, serving under Jody Wilson-Raybould)

Lawyer

Preferred language: French / English

Biography

As a federal prosecutor for nearly ten years, Marco Mendicino fought against organized crime and put terrorists – including members of the ‘Toronto 18” – behind bars. He also worked at the Law Society of Upper Canada and served as President of the Association of Justice Counsel for two terms – a national association representing nearly 3,000 federal prosecutors and government lawyers employed by the Government of Canada. Marco had testified before the House of Commons and the Senate to advocate for better laws on organized crime and access to justice.

Most recently, Marco co-ran a law firm that helps organizations enforce professional standards and resolve workplace conflicts. Marco is also committed to education and mentoring young lawyers. He has been an Adjunct Professor at Osgoode Hall Law School and regularly spoke at conferences both here and abroad.

He has sat on numerous boards and has been involved with the John Wanless Childcare Centre, John Wanless Public School, North Toronto Soccer Club, COSTI Immigration Services, the Toronto Symphony Volunteer Committee and Heart & Stroke Canada. Marco has worked on specific initiatives to improve our schools, including the installation of a new turf field at John Wanless Public School and the creation of a lunch program for families with children going into FDK. On weekends, you’ll see Marco coaching his daughters at the Eglinton Park soccer field.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Marco-Mendicino(88738)

Committees:

Member of the Standing Committee on Justice and Human Rights

Sponsored Private Member’s Bills or Motions

N/A – For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

Spoke in support of:

• Canada-Ukraine free trade agreement
• Bill S-205 (interim release and domestic violence recognizance orders)
• Bill S-233 (guarantee livable basic income)
• Government position on MAID

Social Media:

• Situation and trip to Israel
• SCC Appointment of Justice Mary Moreau
• Addressing hate crimes
• Broad support for government initiatives

Question Period:

Nil

Questions at June 5, 2023 Main Estimates appearance:

N/A

Marilyn Gladu

Conservative Party of Canada

Riding: Sarnia–Lambton, Ontario

Preferred language: English

Biography

Marilyn Gladu is a professional engineer by trade, who worked for Dow Chemical for 21 years in a variety of roles locally and globally. Marilyn then became Engineering Manager and subsequently the Director of Engineering at Suncor before taking a consultant role at WorleyParsons.

As the Member of Parliament for Sarnia-Lambton in 2015, Marilyn received the MacLean’s award as “Most Collegial Parliamentarian” as voted by the other members of Parliament.

In 2022, under the leadership of Pierre Poilievre, Marilyn was named Shadow Minister of Civil Liberties, a portfolio about which she cares deeply. Later in 2022, Marilyn would become one of fewer than 50 MPs ever to have a second Private Member’s Bill passed: Bill C-228 on pension protection.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/members/en/Marilyn-Gladu(88938)

Offices and Roles as a Parliamentarian:

Committees:

Member of Standing Committee on Justice and Human Rights

Former Member of Standing Committee on Canadian Heritage (Oct 2022-January 2024)

Sponsored Private Member’s Bills or Motions

C-369 Christian Heritage Month Act

C-228 Pension Protection Act

For an exhaustive list, please refer to LEGISinfo.

Justice Topics of Interest to Member

Correspondence and OPQs:

• Q-2061 (Spending for Photographers or Photography Service Contracts)
• Q-2259 (Legal Costs in Relation to Several Litigations)

House debates:

• Spoke against Bill C-58 (ban on replacement workers)
• SCC should weigh in on Truchon decision (MAID)
• Immigration backlogs
• Auto theft
• Support for Ukraine but not Bill C-57
• Car theft and “Jail not bail”

Social Media:

• Against Online Harms Bill
• Spoke against safer supply measures in BC
• Situation in Israel and general hate speech
• Against Magnotta and Bernardo Prison Transfers
• Winnipeg Lab documents
• Called on the RCMP to reopen SNC-Lavalin case
• Spoke against youth gender transition
• Spoke against current bail system
• Criticized the minister directly for C-63 house arrest provisions in case of potential hate crime act (same penalty as committing sexual assault)

Question Period:

• Auto theft and organized crime

Questions at June 5, 2023 Main Estimates appearance:

N/A

Frank Caputo

Conservative Party of Canada

Riding: Kamloops–Thompson–Cariboo, British Columbia

Crown Prosecutor and Law Instructor

Preferred language: English

Biography

Frank Caputo was first elected to Parliament in 2021. His parents were first generation immigants from Italy. In his professional life, Frank Caputo served as a Crown prosecutor and law instructor at Thompson Rivers University. He has worked in and around law and justice his entire career, working in corrections, as a crown prosecutor, as a law instructor at Thompson Rivers University, and now as a legislator.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/frank-caputo(111007)#roles

Committees:

Member of the Standing Committee on Justice and Human Rights

Sponsored Private Member’s Bills or Motions

C-313, An Act to amend the Criminal Code (justification for detention in custody)

C-299, An Act to amend the Criminal Code (life imprisonment)

C-274, An Act to amend the Criminal Code (detention in custody)

For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

• Q-1404 (Stakeholder Consultations on Bail since Oct. 2022)
• Q-1734 (Controlled Substances – Policies on Laying Charges)
• Letter 2023-012369 urging the Minister to take action on “soft-on-crime” approach, and cites in example sex offender Randall Hopley. This correspondence mentions Bill C-48 and calls for bail reform for sexual offenders
• Letter 2023-013554, in which Members of Parliament Michelle Ferreri and Frank Caputo ask the Minister of Justice to meet with Ms. Hayley Schultz and themselves to discuss her son’s murder by a 17 year old who was on bail at the time of the offence for gun and drug related offences.

House debates:

• Against expansion of MAID to individuals with mental illness
• Called for bail reform and stronger criminal justice policies
• Critical of perceived inaction on foreign interference during CPC opposition motion debate
• Critical of Budget 2023 and impact of the carbon tax
• Spoke on and voted in favour of Bill S-12 (SOIRA)
• Spoke on Bill C-48 (Bail reform)
• Called for mandatory minimum sentencing for money-laundering

Social Media:

• Critical of government lowering sentences for convicted drug traffickers
• Critical of Senate not prioritizing 3^rd reading debate of Bill C-291,Child sexual abuse and exploitation material
• Critical of government failing to designate the IRGC as a terrorist entity under the Criminal Code
• Criticized Liberal MPs for not supporting Bill S-210, Protecting Young Persons from Exposure to Pornography Act
• Criticized Minister for not believing that a person could be sentenced to house arrest for sexually abusing a child
• Questions ethics and transparency of the government
• Bail reform and current state of bail
• Video about government delays in bail reform legislation
• Critical of MAID expansion
• Foreign Interference and CSIS report
• Critical of Ethics Commissioner Appointment
• SCC decision to sentence a child sex offender to 12 months in jail and related Justice committee exchange with Minister Virani
• Support for Noah’s Law legislation
• Video expressing concerns regarding MAID for mental illness
• Bob Fife article on Judicial appointments
• Shared Statistics Canada data on violent crime rates since 2006
• Critical of Minister Virani’s comments about rising crime rates
• Video about Minister Virani’s appointment to Cabinet.

QP:

• Bail Reform and rising violent crime
• Foreign interference
• Detention of dangerous offenders
• Allegation of intimidation by former Minister Lametti
• Critical of former Bill C-75 (criminal justice system reform)
• Auto theft and organized crime

Questions at June 5, 2023 Main Estimates appearance:

Nil

Tako Van Popta

Conservative Party of Canada

Riding: Langley–Aldergrove, British Columbia

Lawyer

Preferred language: English

Biography

Tako Van Popta was first elected to Parliament in 2019 and re-elected in 2021. He is a resident of Langley and an active advocate for local issues. A dedicated volunteer, he has served his community for more than 30 years. From 1990-1998 Tako Van Popta volunteered for the Langley Memorial Hospital Board. He has also served as the director of the Surrey Board of Trade and the Downtown Surrey Business Improvement Association.

A graduate of Trinity Western University and the University of British Columbia, Tako Van Popta holds a law degree. Appointed as managing partner, he worked at McQuarrie Hunter LLP for 30 years.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/members/en/tako-van-popta(105811)

Offices and Roles as a Parliamentarian:

Shadow Minister for Pacific Economic Development

Committee:

Member of the Standing Committee on Justice and Human Rights

Sponsored Private Member’s Bills or Motions

N/A – For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

• Petition 441-01542 and 441-01771 to 441-01772 (Bill C-314 – MAID)
• Q-1536 – Judicial Vacancies
• Q-1562 – Judicial Vacancies in Alberta

House debates:

• In favour of the scrutiny of every Canadian transaction (M&A) to a foreign-owned enterprise
• Against MAID for mental illness
• Difficulty in proving war crimes participation/ISIS affiliation for Canadian extremist travellers returning to Canada

Social Media:

• Human rights around the world (Taiwan and China)
• Critical of expanding MAID eligibility to minors
• Supports the designation of Islamic Revolutionary Guard Corps (IRGC) as terrorists
• Support for intelligence leaks that expose information on foreign interference
• Supports the creation of a foreign agents registry
• Catch-and-release policies allows repeat, prolific offenders to put innocent Canadians at risk
• Posted letter to JUST Chair calling for study of violation of the Charter after federal decision on the use of the Emergencies Act

Question Period:

• Impact of Bill C-21 (firearms) on hunters, farmers and sport shooters.

Questions at June 5, 2023 Main Estimates appearance:

• Problems with bail will not be addressed without fully funding the court system
• Status of Ministerial priority to advance Indigenous communities’ jurisdiction over the administration of justice, such as Indigenous policing.

Randall Garrison

New Democratic Party

Riding: Esquimalt–Saanich–Sooke, British Columbia

Preferred language: English

Biography

Randall Garrison has been a strong voice in Parliament for Southern Vancouver Island for eight years. As the NDP LGBTQ2+ spokesperson, he has fought to build a more inclusive Canada for all, regardless of sexual orientation or gender identity. As the previous NDP Critic on National Defence, he worked to ensure Canadian Forces members have the training, equipment, and support they need to defend Canada and promote peace.

In Ottawa, Mr. Garrison has fought the Transmountain Pipeline to keep a healthy coast for orcas, wild salmon, and local fishing and tourism jobs. Having worked on environmental and climate change issues for more than 30 years, he understands we can never meet the challenges of climate change if we leave working people and First Nations behind.

Mr. Garrison is a committed environmentalist, human rights leader, refugee advocate, and former city councilor who has worked at all levels from his local community to international human rights and peacekeeping missions.

Member Profile and Other Parliamentary Roles

https://www.ourcommons.ca/Members/en/Randall-Garrison(71995)

Committees:

Member of the Standing Committee on Justice and Human Rights

Member of the Standing Joint Committee for the Scrutiny of Regulations

Sponsored Private Member’s Bills or Motions

M-53, Transition to Renewable Energy

C-202, An Act to amend the Criminal Code (controlling or coercive conduct)

C-206, An Act to amend the National Defence Act (maiming or injuring self or another)

For an exhaustive list, please refer to LEGISinfo

Justice Topics of Interest to Member

Correspondence and OPQs:

Nil

House debates:

• Use of the notwithstanding clause and the impact on LGBTQI+ rights
• Foreign election interference
• Supported S-224 (trafficking in persons)
• Supported motion regarding Senate amendments for Bill C-48 (bail reform)
• Support for MAID
• Support for C-332 (coercive and controlling behaviour).

Social Media:

• Decriminalization of sex work
• HIV non-disclosure
• Removing self-harm as disciplinary offence for members of the military
• Ban coercive and controlling behaviour
• implementing trans and non-binary rights, 2LGBTQ+ employment equity.
• Posted SO-31 questioning why the government is delaying the inclusion of Black Canadians and 2SLGBTQI+ in the employment equity act
• Anti-2SLGBTQI+ hate crimes are up 80% in Canada

Question Period:

• Bill C-206 to remove self-harm as a disciplinary offence so that serving members can access mental health supports
• Wrongful conviction of Odelia and Nerissa Quewezance
• LGBTQI+ refugees,
• Anti-2SLGBTQI+ hate crimes

Questions at June 5, 2023 Main Estimates appearance:

• Government action to combat hate and violence against the 2SLGBTQ+ community
• what the Department can do about disparities across provinces to access to immigrant and refugee legal aid
• Judicial appointments.

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