Senate QP: Assurances that there is a comprehensive plan

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While the fall economic update was getting underway in the Other Place, justice minister Jody Wilson-Raybould was over in the Red Chamber to answer questions that senators may have of her. Senator Larry Smith led off, raising Bill S-3 and the Senate’s proposed amendments to it, reminding her of a speech she made in 2010 about doing away with all inequities in the Act. Wilson-Raybould said that she was aware and noted that they did have a deadline of December, but that Ministers Bennett and Philpott had a comprehensive plan in place. Smith rose on a supplemental to reiterate the question about the plan, and Wilson-Raybould again noted that they did have a plan to eliminate inequities.

Senator McIntyre asked about the rejection of mandatory minimums under C-46 on impaired driving. Wilson-Raybould said that while she noted the seriousness of impaired driving, mandatory minimums were not a deterrence, but mandatory screening was, which is why they were going ahead with it.

Senator Joyal asked about Quebec’s Bill 62 on face coverings, and whether the government would refer it to the Supreme Court rather than make an individual undertake a challenge at their own cost. Wilson-Raybould merely echoed the PM’s sentiments that they don’t think the state can dictate what a person can and cannot wear, but they would continue monitoring the situation for the time being.

Senator Saint-Germain asked about corruption cases and how to investigate them when it comes to getting evidence abroad. Wilson-Raybould noted that it was the mandate of another minister, but she would pass the concerns along.

Senator McPhedran returned to the amendments on Bill S-3, and wondered where the government’s legal analysis on the Charter around Bill S-3 was. Wilson-Raybould reiterated that she was committed to removing discrimination from the Indian Act, and assured her that there was a plan to achieve that, but noted that there were challenges to individual Indian Act bands for which this would have a greater impact, which is why Minister Bennett was looking for a more phased approach, but she would try to share what analysis she had.

Senator Carignan asked if the government planned to appoint a civil code justice as the next Chief Justice of the Supreme Court per tradition, and Wilson-Raybould noted that this was entirely in the PM’s domain but she was assisting, that they have received the short-list from the independent advisory board and they were now considering it. (Note that she didn’t actually answer Carignan’s question).

Senator Patterson asked about legislation to decolonize Indigenous peoples and allow individual First Nations to become self-governing, and Wilson-Raybould said they were working on the system, and if the Senate wanted to bring forward another Bill such as ones that came up previous, she would consider it.

Senator Day asked about the Rona Ambrose bill on sexual assault training for judges, and how it would affect those practicing lawyers outside of the major centres who can’t access the training easily. Wilson-Raybould said that she was pleased about all-party support for the bill, but it was an important question about equal access, and she would welcome feedback and amendments. She also noted the engagement that her department has done with the bodies that train judges, which could include online training for those in more remote areas. Day rose on a supplemental to clarify that he was concerned about practicing lawyers who want to put their names forward, and Wilson-Raybould agreed that it was a concern, but didn’t really have an answer.

Senator Christmas asked about the nation-to-nation relationship with Indigenous peoples and implementing UNDRIP, and wondered what Senators could do to help. Wilson-Raybould said that it was hard work, but encouraged them to speak out and engage on the issue, and have conversation about how abominable the current conditions were for some First Nations, and how to transform perceptions by focusing on success stories.

Senator Wallin asked about those with Alzheimer’s and dementia who cannot access assisted-dying legislation though advanced directives, and wondered when the panel studies would be competed. Wilson-Raybould said they were expecting the reports back in 2018, and that they would embrace it and follow-up with conversations.

Senator Batters asked about the litigation management cabinet committee, and how it was related to the Omar Khadr settlement, as well as the spending on legal fees to fight the braces claim for a First Nations girl. Wilson-Raybould noted that she didn’t really agree with the characterization of the committee and noted that she asked for the committee to be formed in order to get some cross-government perspective on settlements as well as the political dimensions.

Senator Pate returned to Bill C-46 and the mandatory minimums therein as well as the list of exceptions, and asked about ensuring that people have knowledge of access to treatment orders. Wilson-Raybould said that she was pleased with the provisions to better help those marginalized individuals, as well as the Indigenous justice program that was working to provide more supports and to ensure there were more offerings to help those who find themselves in the system, which included things like more drug treatment and mental health courts.

Overall, a lot of ground was covered, and while Wilson-Raybould did better than in her previous appearance (during which she kept saying how proud she was of the government), there were still a few places where she conspicuously didn’t answer the questions that were put to her. I will note that we still didn’t get any clues as to what is going to happen with Bill S-3 if the Senate decides to dig in their heels (and there’s a very good chance that they will considering that the amendments were apparently passed unanimously), so that clock continues to tick down before the court-imposed deadline.

Sartorially speaking, snaps go out to Senator Josée Verner for a white collared shirt with a black tie and slacks, and to Senator René Cormier for a dark grey suit with a crisp white shirt, and a dark blue tie. Style citations go out to Senator Richard Neufeld for a milk chocolate suit with a butterscotch shirt and dark brown tie, and to Senator Pamela Wallin for an oversized red jacket with a black top and a leopard-print scarf.