Canadian House of Commons Standing Committee on Justice and Human Rights
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The House of Commons Standing Committee on Justice and Human Rights (JUST) is a
standing committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
of the House of Commons of Canada. The Standing Committee on Justice and Legal Affairs, as it was then known, began their first session on February 17, 1966 under the Chair
Alan John Patrick Cameron Alan John Patrick ("Pat") Cameron (23 September 1895 – 3 January 1982) was a Liberal party member of the House of Commons of Canada. He was born in Brandon, Manitoba and became a barrister and lawyer by career. He was first elected at the H ...
(Liberal Party of Canada). More recently, in December 2018, under its current name, JUST, the Committee submitted their unanimous report to the House of Commons entitled ''Moving Forward in the Fight Against Human Trafficking in Canada''. In April 2019, a JUST press release announced that they were undertaking a study of online hate. In 2016, the Committee began a multi-part study on access to justice in Canada, which includes a study of the restoration of Court Challenges Program (CCP) and a study on access to legal aid.


Mandate

The Committee looks over and summarizes the administrative and management designs of Department of Justice and its subsidiary agencies
Canadian Human Rights Commission The Canadian Human Rights Commission (CHRC) was established in 1977 by the government of Canada. It is empowered under the ''Canadian Human Rights Act'' to investigate and to try to settle complaints of discrimination in employment and in the pr ...
, Office of the Commissioner for Federal Judicial Affairs of Canada, Supreme Court of Canada, Courts Administration Service, Administrative Tribunals Support Service of Canada, and
Public Prosecution Service of Canada The Public Prosecution Service of Canada (PPSC; french: Service des poursuites pénales du Canada (SPPC)) was established on December 12, 2006 by the ''Director of Public Prosecutions Act''. A federal agency, the PPSC prosecutes offences on behal ...
. The Committee has the ability to make changes to federal laws with particular concerns to ''
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
'', ''
Youth Criminal Justice Act The ''Youth Criminal Justice Act'' (YCJA; french: Loi sur le système de justice pénale pour les adolescents) (the ''Act'') is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offenc ...
'', ''Divorce Act'', '' Civil Marriage Act'', ''
Canadian Human Rights Act The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
'', ''Judges Act'', the ''Courts Administration Service Act'', and the ''
Supreme Court Act The ''Supreme Court Act'' (the ''Act'') is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the ''Supreme and Exchequer Courts Act''. However, at the time, the Supreme Co ...
'' The Committee also researches on these areas above on behalf of the House of Commons or on its own preference.


History

Originally, JUST was called the Standing Committee on Justice and Legal Affairs which was subsequently changed to the Standing Committee on Justice and the Solicitor General. The current name was put in place by the House of Commons effective "September 30, 1997" as it combine its mandate with the "former Standing Committee on Human Rights and the Status of Persons with Disabilities."Standing Committee of Justice and Human Rights. (n.d.)
About: History
Retrieved 7 April 2019.
The name was changed again in February 2004 to the Standing Committee on Justice and Human Rights, Public Safety and Emergency Preparedness, but was changed back in April 2006. The first session of the Standing Committee on Justice and Legal Affairs on February 17, 1966 until April 21, 1966 under the Chair
Alan John Patrick Cameron Alan John Patrick ("Pat") Cameron (23 September 1895 – 3 January 1982) was a Liberal party member of the House of Commons of Canada. He was born in Brandon, Manitoba and became a barrister and lawyer by career. He was first elected at the H ...
(Liberal Party of Canada)''House of Commons, Committees, 27th Parliament, 1st Session: Standing Committee on Justice and Legal Affairs'' (Vol. 1)
Retrieved 7 April 2019 from Canadian Parliamentary Historical Resources.
from constituency High Park, ON.


Remediation agreements in relation to SNC-Lavalin

In 2018 and 2019, the JUST standing committee undertook a study of remediation agreements, the Shawcross doctrine as they relate to the SNC-Lavalin affair. In his submission to the JUST committee, the President of the Canadian National Section of the International Commission of Jurists (ICJ), Errol Mendes, who is also a constitutional and international law professor at the
University of Ottawa The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ottaw ...
, recommended that an "authoritative set of guidelines for the roles of the attorney general, the cabinet and the Privy Council Office relating to attorney general and the irector of Public Prosecutions (DPP)conduct and decisions on prosecutions" be established. On February 27, former Attorney General of Canada, Jody Wilson-Raybould, provided lengthy testimony and answered questions about the possibility of political interference in the SNL-Lavalin prosecution. She also clarified her roles as both Minister of Justice and Attorney General. The committee voted in favour of allowing Wilson-Raybould to provide her testimony before them and the public.


Bill C-78, An Act to amend the Divorce Act

On December 5, 2018, the JUST committee voted in favour of progressing amendments through their Report 23, "Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act". The report was presented to the House of Commons on December 7, 2019. Major considerations for making these amendments are to take into consideration that each child has different needs and the needs of one child should not be imposed on the needs of the others, how domestic abuse affects the financial security of the victim, while also incorporating tools that will help parents, which are mostly women, receive "billions of dollars in unpaid child support payments in Canada..."


Access to justice

The Committee launched their broad study on access to justice in Canada on February 23, 2016. In September 20, 2016, in a news release, they submitted their report ''Access to Justice –Part 1: The Court Challenges Program'' which was the first phase of that study. The federal government said it was committed to restoring the Court Challenges Program (CCP), which was first created in 1970 but was cancelled in 2006. The original CCP "provided funding for cases of national significance related to important legislative and policy areas, including access to social and economic benefits for disadvantaged groups and access to education in minority official languages." The next phase of the JUST study deals with access to legal aid.


Human trafficking

On June 8, 2017 meeting, JUST unanimously agreed to conduct a study of human trafficking in Canada and present a report of its findings to the House of Commons. The report was mandated through the House of Commons' Standing Order 108(2) and was the 24th report submitted by JUST. From February 15 and May 22, 2018, JUST held 8 meetings and heard from over fifty as well as receiving about sixty written submissions. On December 11, 2018, the Committee submitted a unanimous report to the House of Commons, which examined human trafficking in Canada, entitled ''Moving Forward in the Fight Against Human Trafficking in Canada''. In their December 11 press release, the Committee described human trafficking, "as a form of modern slavery", a "heinous crime and a grave violation of human rights". In Canada as in many places around the world " spite all the efforts of governments and civil society to combat it, this crime still ensnares many victims".


On-line hate study - April 11, 2019 ongoing

One April 11, 2019 JUST committee announced their study on on-line hate with an invitation to the public to participate. In their news release the announcing the study and inviting public participation, the committee cite police-reports of a 47% increase in violent hate crimes in Canada that were motivated by "race, ethnicity, religion, gender, gender identity and expression, and sexual orientation." In their news release the committee said that "public incitement of hatred" had "played a greater role in the increase than violent hate crimes." The study takes place as part of "worldwide discussions on how to better mitigate the incitement of hatred through online platforms" given that "nearly all Canadians under the age of 45 use the internet everyday." The press release said section 13 of the
Canadian Human Rights Act The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
was repealed in 2013. The press release noted that Section 13 had "made it a discriminatory practice for a person or a group of persons to communicate by telephone, by a telecommunication undertaking, or by means of a computer, including the Internet, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination. The study was undertaken shortly after
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
's March 15, 2019
Christchurch mosque shootings On 15 March 2019, two consecutive mass shootings occurred in a terrorist attack on two mosques in Christchurch, New Zealand. The attacks, carried out by a lone gunman who entered both mosques during Friday prayer, began at the Al Noor Mosque ...
in which two
terrorist attack Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
s resulted in the death of 51 people. The perpetrator was described in media reports as a far-right extremism who was part of the alt-right and whose manifesto revealed his obsession with
white supremacy White supremacy or white supremacism is the belief that white people are superior to those of other races and thus should dominate them. The belief favors the maintenance and defense of any power and privilege held by white people. White s ...
over
Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
. In May 2019, Prime Minister Justin Trudeau participated in meetings in Paris in which representatives from social media companies met with government leaders to "discuss solutions to the growing problem of violent extremist content online". In mid-April Conservative MPs invited
Jordan Peterson Jordan Bernt Peterson (born 12 June 1962) is a Canadian media personality, clinical psychologist, author, and professor emeritus at the University of Toronto. He began to receive widespread attention as a public intellectual in the late 2010s ...
, a tenured professor at the University of Toronto, to appear before the committee as a witness. In mid-May, when NDP members criticized the invitation, one of the committee's vice-chairs, Conservative MP
Michael Cooper Michael Jerome Cooper (born April 15, 1956) is an American basketball coach and former player who is the boys varsity coach at Culver City High School. He played for the Los Angeles Lakers in the National Basketball Association (NBA), winning ...
, said that a "committee invitation does not mean the party approves of everything the speaker says." Cooper said that Peterson is a "massively popular best-selling author" as well as a tenured professor. In June 2019, during his appearance before the Committee as a witness, Faisal Khan Suri, the president of the
Alberta Muslim Public Affairs Council Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Terri ...
, (AMPAC) referred to both the 2017
Quebec City mosque shooting The Quebec City mosque shooting (french: Attentat de la grande mosquée de Québec) was an attack by a single gunman on the evening of January 29, 2017, at the Islamic Cultural Centre of Quebec City, a mosque in the Sainte-Foy neighbourhood ...
In what Prime Minister
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
described as a
terrorist attack Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

six people and were killed
and 19 others were wounded, after end of evening prayers in the Islamic Cultural Centre of Quebec City, in Sainte-Foy,
Quebec City Quebec City ( or ; french: Ville de Québec), officially Québec (), is the capital city of the Canadian province of Quebec. As of July 2021, the city had a population of 549,459, and the metropolitan area had a population of 839,311. It is t ...
. The perpetrator was charged with six counts of
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
.
and the March 15, 2019
Christchurch mosque shootings On 15 March 2019, two consecutive mass shootings occurred in a terrorist attack on two mosques in Christchurch, New Zealand. The attacks, carried out by a lone gunman who entered both mosques during Friday prayer, began at the Al Noor Mosque ...
. In his response to Suri's remarks, Cooper read a section from the New Zealand mosque shooter's manifesto into the Committee record. Following criticism about Cooper reading from the shooter's manifesto during the hearing and for confronting Suri, a Committee witness in a manner that was considered offensive, Cooper apologized. Conservative party leader
Andrew Scheer Andrew James Scheer (born May 20, 1979) is a Canadian politician who has served as the member of Parliament (MP) for Regina—Qu'Appelle since 2004. Scheer served as the 35th speaker of the House of Commons from 2011 to 2015, and was the lead ...
removed Cooper from the Committee. The quote was expunged from the Committee's records.The manifesto has been banned in New Zealand. Suri called for Cooper's removal from the Conservative caucus. On June 4, JUST witnesses included
free speech activists Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
Mark Steyn Mark Steyn (; born December 8, 1959) is a Canadian author and a radio and television presenter. He has written several books, including ''The New York Times'' bestsellers '' America Alone: The End of the World As We Know It'', ''After America: G ...
, John Robson and Lindsay Shepherd. Provisions in the federal ''Criminal Code'' include hate speech laws.''Criminal Code'', s. 319.
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Membership


Subcommittees

*Subcommittee on Agenda and Procedure of the Standing Committee on Justice and Human Rights (SJUS)


Notes


References


Standing Committee on Justice and Human Rights (JUST)
{{Hate in Canada Hate crime Hate speech
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
Parliamentary committees on Justice