Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the following report:

Tuesday, June 14, 2022

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SIXTH REPORT

Your committee, to which was referred Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures), has, in obedience to the order of reference of March 31, 2022, examined the said bill and now reports the same with the following amendment:

1.New clauses 78.1 and 78.2, page 37: Add the following after line 7:

“Independent Review

78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independentreviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings

(a) enhance, preserve or adversely affect access to justice;

(b) maintain fundamental principles of the administration of justice; and

(c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

(2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.

“Review of Act

78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.

(2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

MOBINA S. B. JAFFER

Chair

(For text of observations, see today’s Journals of the Senate, p. 715.)