Moved the adoption of the report.

She said: Honourable senators, I rise today to speak to 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).

In the Standing Senate Committee on Legal and Constitutional Affairs, we held five meetings. We heard from the following witnesses: the Minister of Justice, the Honourable David Lametti, and his officials from the Department of Justice; the Honourable J. Michael MacDonald, representing the Action Committee on Court Operations in Response to COVID-19; Catherine Claveau, la batonnière du Barreau du Québec; Alain Bartleman from the Indigenous Bar Association; Emilie Coyle from the Canadian Association of Elizabeth Fry Societies; Mark Knox, from the Canadian Council of Criminal Defence Lawyers; Eva Tache-Green from Nunavut Legal Aid; Howard Chow from the Canadian Association of Chiefs of Police; Jennifer Gates-Flaherty, from the Royal Canadian Mounted Police; Jason Hope from Correctional Service Canada; Professor Cheryl Webster from the Department of Criminology, University of Ottawa; Professor Nicole Marie Myers from the Department of Sociology of Queen’s University; David Parry, from the Canadian Bar Association; Michael Spratt from the Criminal Lawyers Association; and Shelley Tkatch from Public Prosecution Service of Canada.

We made two amendments to the bill. The first was on the independent review introduced by Senator Cotter. This amendment creates an obligation for the Minister of Justice to initiate one or more independent reviews of remote proceedings in criminal justice matters within the next three years of this bill receiving Royal Assent. A report will need to be laid before each house of Parliament within the five years following the review.

The second amendment, on parliamentary review, was introduced by Senator Dalphond. This amendment requires each house of Parliament, in the fifth year following the Royal Assent of this bill, to refer the provisions to a committee, whether designated or established.

Finally, the committee also made a number of observations. One, we noted that there should be a follow-up study on delays in criminal proceedings, which would complement the 2017 report entitled Delaying Justice is Denying Justice. Two, we observed that remote appearances might increase access to justice, but that these should only be used when appropriate and should not replace in-person proceedings when those would better ensure fair hearings and protect the legal rights of accused persons.

Three, we noted that the use of virtual appearances could expand the ability to access interpreters across Canada who are not locally available during judicial proceedings. This being said, virtual interpretation should not replace in-person interpretation when the latter is necessary to ensure a fair trial.

Four, the committee observed that some witnesses underscored the importance of protecting the legal rights of accused persons in custody during virtual proceedings, particularly how these apply to privacy, security, confidentiality, and the ability of an accused to confer with defence counsel.

Five, the committee noted that investments in technology and appropriate facilities are needed to ensure appropriate access to proceedings, particularly for participants in remote locations, vulnerable populations, and those who are incarcerated.

Six, the committee observed that Bill S-4 seeks to perpetuate measures that were established during the COVID-19 pandemic, which have become part of the judicial system and will continue to be used in the administration of the judicial process.

We noted that several witnesses expressed concern about the use of these measures on the fundamental rights of individuals who had been charged or detained, as well as marginalized individuals, victims and witnesses, especially at the stage of presenting evidence. Therefore, the committee considers that the choice of the accused to consent to the use of these measures must be the only factor that triggers their use.

Honourable senators, that concludes our report on Bill S-4. Thank you.