ARCHIVED - Federal/Provincial/Territorial Ministers conclude productive Meeting on Justice and Public Safety

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OTTAWA, November 6, 2012 — Federal, provincial and territorial (FPT) Ministers responsible for Justice and Public Safety concluded their meeting on October 31, after in-depth discussions on key justice and public safety issues currently facing Canadians.

The meeting was co-chaired by the Minister of Justice and Attorney General of Canada, Rob Nicholson, P.C., Q.C., the Minister of Public Safety, Vic Toews, P.C., Q.C., and the Justice Minister and Attorney General of Saskatchewan, Gordon Wyant, Q.C.

Federal Bills Coming into Force
Provincial and territorial ministers asked that the federal government provide adequate notice and enhanced consultation regarding the projected coming into force of federal legislation. The federal ministers reiterated their agreement to continue to consider the provincial and territorial request regarding the coming into force of federal crime bills with a view to enabling the timely and effective implementation of these reforms by all jurisdictions.

Initiatives to Counteract Organized Crime
Ministers discussed the unique challenges that organized crime presents to law enforcement and public safety. Specifically:

  1. The Minister of Public Safety Canada confirmed that the federal government is engaging in consultations on the issue of firearms marking and stated that there are no plans to ratify the United Nations Protocol.
  2. Ministers discussed a recommendation to amend section 193 of the Criminal Code relating to appropriate sharing of wiretap information for provincial law enforcement purposes, such as civil forfeiture proceedings.
  3. Ministers discussed the challenges for law enforcement with medical marijuana grow operations (MGOs) and noted that Health Canada is considering changes to the regulations concerning medical marijuana, including the possibility of establishing a new supply and distribution system that would only use licensed commercial producers.

Public safety as paramount consideration in Criminal Code Review Board decisions
Ministers recognized the importance of public safety being the paramount consideration in Criminal Code Review Board decisions. Ministers also discussed proposals to make the process more responsive to the needs of victims, including a further consideration for the appropriate term for reviewing decisions in serious personal injury offence cases.

Penalties for Impaired Driving Offences under the Criminal Code
Ministers discussed increased penalties for crimes related to all Criminal Code impaired driving offences (including driving over .08), particularly crimes involving repeat offenders or where serious bodily harm or death is caused. Ministers requested senior officials give priority to their review of the need for increasing penalties and come back with recommendations.

Data Preservation
Ministers expressed strong support for federal legislation that would provide law enforcement with enhanced tools related to data preservation provisions.

Federal Budget
Provincial and territorial ministers raised concerns about the federal funding reductions and lack of long-term commitment to maintain various cost-sharing programs, such as the Youth Justice Services Funding Program and the one-year renewal of the Aboriginal Justice Strategy.  Provincial and territorial ministers asked that the federal government consult with the Provinces and Territories when reductions are being considered. Ministers agreed to continue to work collaboratively on funding programs.

Legal Aid
Provincial and territorial ministers raised concerns relating to federal legal aid funding, and supported a five-year agreement to extend federal funding for criminal legal aid. Provincial and territorial ministers asked the federal Minister of Justice for continued and enhanced federal funding support for legal aid. Provincial and territorial ministers also recognized the current budgetary context and acknowledged the importance of retaining a five-year federal commitment of $560 million. Provincial and territorial ministers again tabled the request for federal consideration of funding for civil legal aid.

Drug Treatment Courts
Provincial and territorial ministers noted their support for the continuation and expansion of drug treatment courts or similar alternative programs.  Jurisdictions requested increased flexibility to deal with issues such as alcohol addiction, mental health issues and Fetal Alcohol Spectrum Disorder. The Federal Minister of Justice acknowledged this important feedback and noted he was looking forward to the results of the current assessment. 

First Nations Policing Program (FNPP)

Provincial and territorial ministers continued to highlight the benefits of this program in their communities and they asked for long-term, sustainable and adequate funding. Provinces and Territories asked to expand the program within Provinces. Territories reiterated their desire to be included in the FNPP. .  The federal government also committed to providing further information on the future direction and funding of the Program as soon as it becomes available and to taking the interest of the Provinces and Territories into consideration moving forward.

Police Officers Recruitment Fund
Ministers discussed the future of the Police Officers Recruitment Fund, which ends in March 2013. Provincial and territorial ministers requested that the Fund be extended given concerns about the impact on public safety and police services in jurisdictions. The federal government reiterated that there are no plans to renew the one-time funding.

Missing Women Working Group and Violence Against Aboriginal Women and Girls
Ministers reiterated their serious concern about the deplorably high level of violence experienced by Aboriginal women and girls in Canada and the need to ensure their safety.  Ministers directed officials to develop a justice framework to coordinate federal, provincial and territorial actions across the law enforcement and justice spectrum to address violence against Aboriginal women and girls and to report back to ministers.

As well, ministers were pleased to note that officials had developed plans to support the implementation of the 52 recommendations of the comprehensive Missing Women report released in January 2012.  They also noted that of those 52 recommendations, several have already been implemented at the federal level and in some provincial and territorial jurisdictions.Ministers noted the important actions that have been taken to date, including the creation of the RCMP’s National Police Support Centre for Missing Persons and Unidentified Remains and provincial legislation to assist police investigations into missing persons.

Ministers noted the third National Aboriginal Women’s Summit (NAWS III) in Winnipeg, on November 1 and 2, 2012, which focused on ending violence against Aboriginal women and girls.

Preliminary Inquiries
Ministers discussed the current need for preliminary inquiries given the Crown disclosure obligations and more effective Crown screening. Ministers agreed to refer the issue of preliminary inquiry reform to senior officials for review.

Economics of Policing
Ministers were briefed on progress that has been made on the Economics of Policing since their January 2012 meeting, including the promising work done in Saskatchewan regarding building partnerships for community mobilization and to reduce crime. Ministers were also briefed on preparations for the Summit on the Economics of Policing to be held in January 2013.

Crime Prevention and Rehabilitation
Ministers welcomed progress made by officials on crime prevention and rehabilitation and requested a substantive update on further progress achieved at their next meeting. Ministers discussed crime prevention in the community and rehabilitation in correctional settings and the need for senior officials to coordinate work in this regard.

Mental Health and the Justice System
Ministers acknowledged that persons with mental health issues present significant challenges for the justice system and especially for correctional systems. They agreed that close collaboration is required between jurisdictions in order to better address the needs of the mentally ill. Some jurisdictions are implementing their own mental health strategies and agreed to share best practices and information with others.  

Fetal Alcohol Spectrum Disorder (FASD)
Ministers identified the need to improve access to justice for marginalized persons, including those with FASD. Ministers agreed that senior officials should continue to collaborate to explore how to best respond to individuals with FASD who are involved in the criminal justice system. Ministers received an update on the prevalence of FASD study in the Yukon.

Modernizing the Bail Regime
Ministers expressed support for the recommendations of senior officials on specific proposed reforms to the judicial interim release (bail) regime.

Victims Service Reciprocity
The Federal Minister of Justice raised the issue of reciprocity of victim services between jurisdictions including criminal injuries compensation programs. Ministers requested that senior officials examine the issue.

Police Testimony in Criminal Court Proceedings
Jurisdictions discussed the seriousness of the situations when a police officer is alleged by judicial comment to have provided false testimony in the course of criminal proceedings. Some jurisdictions identified current initiatives to follow up when these allegations are made.  

Protecting the Safety of Witnesses
Ministers requested that senior officials examine the need for Criminal Code amendments to the testimonial provisions to better protect the safety of witnesses in criminal proceedings.

Modernizing the Gaming Provisions
Ministers requested that senior officials review the gaming provisions in the Criminal Code, to keep up with current issues such as technology and the municipal interest in the use of proceeds from charitable gaming.

Cyber-bullying
Ministers agreed that the protection of Canada’s children and youth is of paramount importance and that cyber-bullying is a serious problem to be addressed. Ministers directed senior officials to identify potential gaps in the Criminal Code on cyber-bullying and the non-consensual distribution of intimate images.

Prosecution of Workplace Fatalities
Ministers discussed their concerns with respect to prosecutions involving workplace fatalities and injuries. There was recognition that this is an important and complex issue which also involves Ministers responsible for workplace safety.

Information:
Julie Di Mambro
Press Secretary
Office of the Minister of Justice
613-992-4621

Julie Carmichael
Director of Communications
Office of the Minister of Public Safety
613-991-2924

Media Relations Office
Department of Justice
613-957-4207

Media Relations Office
Public Safety Canada
613-991-0657

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