Attorney General Jeffrey E. Lantz today reissued an update regarding the Federal - Provincial - Territorial Meeting of Ministers Responsible for Justice held in Iqaluit, Nunavut on September 12, 2000. The meeting was co-chaired by Anne McLellan, Minister of Justice and Attorney General of Canada and Lawrence MacAulay, Solicitor General of Canada and Jack Anawak, Minister of Justice of Nunavut.
Family Law:
Federal-Provincial-Territorial Ministers committed to support children and families to ensure the needs and best interests of children come first in instances of separation or divorce.
Ministers agreed that officials would continue discussions on a consultation plan on child-centered reforms in family law, including legislative changes, at their meeting later this month. This plan would respect jurisdictional responsibilities. The Minister of Justice Canada indicated she will work with provinces and territories on public consultations.
Ministers also approved an Inter-Jurisdictional Maintenance Establishment and Enforcement Protocol expressing their commitment to the improvement of interprovincial and territorial enforcement of family support orders across Canada.
Reform of Intermittent Sentencing:
Ministers discussed intermittent sentences and agreed on the need to refine the circumstances under which they can be used. There was an exchange on whether intermittent sentencing continues to have value. Ministers also explored how to address policy and operational concerns.
Ministers have asked the Sentencing Working Group to look at statutory changes and alternative means to achieve the objectives of intermittent sentences.
Organized Crime:
Ministers agreed that organized crime is a national priority to be dealt with at all levels, federal, provincial, territorial and municipal through a multi-disciplinary approach. To help guide the efforts and work of each jurisdiction, Ministers endorsed the following priorities: illegal drugs; outlaw motorcycle gangs; economic crimes and frauds; money laundering; high-tech crimes and crime on the Internet; and illegal immigration, including prostitution and trafficking in humans. They also noted emerging concerns such as street gangs, involvement in intimidation of persons in the criminal justice system, illegal gaming, auto theft, illegal trading in diamonds, and the threat of corruption as an international concern.
Ministers directed officials to work together on the following shared plan of action:
- To amend or create legislative and regulatory tools to ensure that the police and prosecutors have the most effective tools to protect society against organized crime, such as enhancing the investigation and prosecution of organized crime and targeting criminal assets and proceeds, and addressing gang recruitment.
- To carry out new timely research to ensure governments and the public have an accurate view of organized crime and its negative effects on communities across the country and to develop preventative strategies.
- To enhance the national policy coordination mechanism.
- To have organized crime as a standing item on Ministers' agenda.
Ministers raised the issue of financial resources, which should be discussed at future meetings.
Victims of Crime:
Victims of crime remain a high priority for Ministers. Ministers agreed to examine proposals to enhance the protection of victims and their families throughout the criminal justice process, noting that any amendments should carefully balance the interests of the victims, the accused rights and the proper administration of justice.
In particular, they agreed to refer the issue of criminals profiting from their crimes to officials for further study.
Effective Sentencing:
After discussion on the many aspects of sentencing, Ministers agreed to adopt the workplan presented to them by the officials' working group on sentencing and to add to the workplan issues on dangerous offender provisions and mandatory sentencing guidelines.
Home Invasion:
This issue of home invasion is included in Bill C-36 (Omnibus Bill) which is presently before Parliament. It makes home invasion an aggravating circumstance in sentencing. While some Ministers agreed that this was a positive step, they also agreed to continue to work on the definition of home invasion and to simultaneously consider creating a separate offence for home invasion.
Domestic Violence:
Federal-Provincial-Territorial Ministers continued to support measures to strengthen the criminal justice system's response to domestic violence. Ministers approved the establishment of an FPT working group that will review the implementation and status of mandatory charging and prosecutorial policies and report back on the results in one year.
Ministers requested that officials review legislative proposals made by several jurisdictions, including penalties for breach of restraining orders and reforms to bail provisions and reverse onus in bail hearings, and report back in November to Deputy Ministers. Ministers also supported a proposal to hold a second Federal-Provincial-Territorial forum on domestic violence to enable police, prosecutors, victims services, policy and other criminal justice officials with direct experience in spousal abuse cases to exchange and update best practices.
Video Violence:
Ministers agreed there is a need to address the effects of violence on children and youth in the entertainment media including video games and the internet.
Ministers indicated further discussion with other Ministers responsible may be required. They also directed officials to establish a working group to look at a national strategy to counter child and youth targeted violence in the entertainment media.
This should include:
- research to identify the sources and types of offensive violence in child and youth oriented media;
- the development of a public awareness campaign to assist parents, teachers and youth in taking appropriate action to reduce the impact of violent media images on children and youth;
- cooperation on exploring the development of an interprovincial/territorial approach to video game classification;
- the examination of issues relating to the exposure of children and youth to media violence through the internet and other convergent media.
Internet Luring Offence:
Ministers discussed the problem of the use of the Internet to lure children for the purpose of committing a crime and proposed the creation of a new offence. Minister McLellan indicated that she would support such an amendment to the Criminal Code. She also said that the Department of Justice would consider this as a priority item and would seek to introduce it in the fall.
Youth Justice Renewal:
Federal-Provincial-Territorial Ministers discussed youth justice reform. Provincial-Territorial Ministers expressed a range of concerns from opposition to the Bill to significant concerns about the timing and impact of implementation.
Provincial-Territorial Ministers indicated a desire to have an opportunity to comment on federal amendments tabled and reiterated concerns about adequate time to prepare for implementation and adequate funding. Provincial-Territorial Ministers called for a return to 50/50 federal funding support for youth justice.
The federal Minister acknowledged jurisdictional concerns, particularly the need for adequate time for implementation. It was recognized that a year would be required to prepare for implementation.
Law Enforcement and Criminal Liability:
In June the Government of Canada released a White Paper on limited protection from criminal liability for police officers and others carrying out law enforcement duties.
The Government of Canada has developed a proposal for legislative change which attempts to balance between providing police with the tools they need to effectively fight crime while at the same time acknowledging that Canadians have the right to expect that the police will act within the rule of the law.
Ministers indicated their support of the intent and principles of the White Paper but agreed to continuing discussion about how its objectives can best be achieved.
Aboriginal Justice:
Ministers noted the importance of the Government of Canada's Aboriginal Justice Strategy to support community-based justice programs administered by Aboriginal people. There was consensus on the need for prompt attention to review the outstanding evaluation of the Strategy to facilitate timely renewal of the Strategy. Minister McLellan indicated that she was committed to renewing the Aboriginal Justice Strategy and pledged to work with them to ensure its renewal.
Legal Aid:
Recognizing that access to justice is a key element of a fair and equitable justice system, Ministers discussed the importance of ensuring that legal services are available to lower income Canadians. Ministers agreed on the need to collaborate on a joint federal-provincial-territorial research program to provide the necessary data that would support the need for raising the levels of federal funding for criminal legal aid services across Canada. In addition, Minister McLellan stated that she would bring the concerns on the funding levels including bridge funding to Cabinet in the fall. The Minister also agreed to discuss with her Cabinet colleagues the matter of civil legal aid, including funding for immigration issues. Provincial and territorial Ministers agreed that they would maintain current funding levels.
Amateur Combative Sports:
Ministers discussed that under s.83 of the Criminal Code as it now stands, participants in combative amateur sports, such as wrestling and judo, might be vulnerable to prosecution. It was agreed that the matter would be brought to the attention of federal Ministers concerned and that officials would work with provincial and territorial Sports Ministers to make amendments to the Criminal Code so that it does not unduly restrict legitimate combative sports.
DNA DataBank:
The Solicitor General provided a status report on the new DNA Data Bank that opened in Ottawa in June. The Minister reported that the data bank opened on schedule and that it would provide all jurisdictions with a powerful new investigative tool to speed investigations, solve crimes and exonerate the innocent. The data bank is located at RCMP Headquarters in Ottawa and is an important component of its National Police Services. Recognizing that the DNA technology is new and evolving, the federal government committed to work with all partners to identify opportunities for improvement.
Corrections Population Report:
Ministers released a report on the safe management of correctional populations to avoid prison crowding. This is the fourth and final report in a series that began in 1996.
Integrated Justice Information:
The Solicitor General provided a progress report on the federal integrated justice information initiative. The goal is to develop an information sharing system—the Canadian Public Safety Information Network – that works faster, better and smarter in the interests of increased public protection.
Increased Protection from Sex Offenders:
Ministers agreed that officials be tasked to identify issues and options related to enhancing public protection, particularly for children, related to managing the risks of repeat sex offending.
The Theft of Valuable Wood Products:
Wood theft is an issue of importance to several provinces and territories. Ministers asked officials to look at best practices of enforcement and prosecution of this issue and to report back to Ministers.
Voyeurism:
Ministers discussed and agreed to consider criminal voyeurism as a potential offence under the Criminal Code.
Timely Release of Justice Statistics:
Ministers agreed to the need for the timely release of Justice Statistics to aid in management decisions and planning. The issue was referred to the Liaison Officers Committee for further consideration.
INTER-JURISDICTIONAL MAINTENANCE ESTABLISHMENT AND ENFORCEMENT PROTOCOL
Provincial and Territorial Ministers responsible for Justice acknowledge and recognize that:
- the timely establishment of support orders for the benefit of children and other family members and the timely and effective enforcement of support obligations is critical to the well-being of children and families;
- the establishment, variation and enforcement of support obligations in inter-jurisdictional cases can be more complex than in intra-provincial cases;
- with the increasing mobility of the Canadian population, it is essential that provinces and territories work together in a spirit of co-operation to ensure that support orders can be obtained, varied and enforced in a timely and effective manner in inter-jurisdictional cases;
- the federal government has contributed, and needs to continue to contribute, to the efficacy of maintenance enforcement programs and the reciprocal process by facilitating discussion and the exchange of information inter-provincially and internationally, by supporting the establishment and enhancement of maintenance enforcement initiatives and by establishing support enforcement options federally.
Ministers further mutually express their commitment to:
- encourage and facilitate the timely recognition and enforcement of extra-provincial support orders transmitted to their respective jurisdictions;
- encourage and facilitate the timely establishment or variation of support orders between residents of their respective jurisdictions;
- co-operate in assisting officials of other jurisdictions to locate persons for the purpose of establishing, varying or enforcing support orders in inter-jurisdictional cases;
- co-operate in providing necessary documents and information to officials of other jurisdictions to assist in establishing, varying or enforcing support orders in inter-jurisdictional cases;
- ensure that a broad and liberal interpretation is given to documents and requests for assistance received from officials of other jurisdictions to facilitate the establishment, variation or enforcement of support orders;
- ensure that equal priority is given to the enforcement of extra-provincial support orders registered or confirmed in their respective jurisdictions and to the enforcement of support orders for the benefit of persons resident in their respective jurisdictions;
- provide timely responses and reports on the status of support orders sent to their respective jurisdictions for registration and enforcement;
- provide timely responses and reports on the status of requests sent to their respective jurisdictions to establish or vary support orders;
- provide timely responses and reports on the status of enforcement efforts respecting extra-provincial support orders registered or confirmed in their respective jurisdictions;
- co-operate in communicating openly and in a timely fashion on matters relating to the recognition, establishment, variation and enforcement of support obligations, including on policy, procedural and legislative matters;
- co-operate in promoting practices that will increase efficiency and reduce barriers to recognition, establishment, variation and enforcement of support obligations.
Further, Ministers acknowledge and recognize:
- the importance of working together in a co-operative, collaborative fashion to ensure that individuals meet their support obligations, and
- the importance of achieving these objectives and fulfilling the commitments herein in both inter-provincial and international cases,
and therefore agree to
- encourage officials in their respective jurisdictions to establish uniform policies, standards and procedures which will give effect to the commitments herein;
- encourage dialogue and co-operation among all Canadian jurisdictions to give effect to the mutual commitments herein; and
- work collaboratively to explore innovative and effective means to recognize, establish and vary support obligations, and to ensure compliance with support obligations in both inter-jurisdictional and intra-provincial cases.