Madam Speaker, I rise to speak, on behalf of the residents of Port Moody—Coquitlam, Anmore and Belcarra, in support of Bill C-40, an act to amend the Criminal Code, and to advocate for it being enacted as quickly as possible. I think about the people who were wrongly convicted and who could not afford high-priced lawyers, more often than not women and other marginalized groups, who need reform to the justice system. This miscarriage of justice bill represents a critical step in our ongoing efforts to reform the system and to address the systemic inequities that have plagued it.

For the better part of a decade, New Democrats have called for the establishment of an independent commission to investigate wrongful convictions. In 2021, we supported expediting Bill C-5 in return for the Liberals' promise to create this commission, which Bill C-40 would finally deliver on. Justice delayed is justice denied, so we must act swiftly to ensure that those who are wrongfully convicted have a pathway to justice, free from delays and limitations in the current system.

I want to take a moment to recognize and thank my colleagues from Esquimalt—Saanich—Sooke and Winnipeg Centre for their wisdom and compassion in making the Canadian justice system fairer. They work tirelessly to improve the system and, with regard to Bill C-40 at committee stage, the NDP supported amendments that would ensure applicants could apply to the commission without having to receive a verdict from a court of appeal or the Supreme Court of Canada. This would remove a significant barrier for those who are wrongfully convicted but lacking the resources to continue lengthy legal battles.

New Democrats also proposed amendments to empower the commission to make recommendations addressing systemic issues that lead to the miscarriage of justice. This proactive approach could help prevent future injustices. Additionally, we ensured that Correctional Service Canada and the Parole Board of Canada would be informed of the importance of not obstructing applicants from accessing programs and services due to their review applications.

Indigenous women, in particular, have disproportionately suffered miscarriages of justice. They are often charged, prosecuted, convicted and imprisoned due to systemic failures within the criminal justice system and the broader societal failure to protect them from racism, sexism and violence. This is a critical issue that strikes at the core of justice inequity in our society. I ask why people living in poverty have higher rates of wrongful convictions in Canada? It certainly highlights the disparities in our legal system and challenges our collective commitment to fairness and justice.

To understand this issue, we must first acknowledge that socio-economic status currently influences outcomes in the criminal justice process. From the moment suspects are identified, their financial status begins to shape their journey through the legal system. Unfortunately, for those without adequate funds, this journey often leads to a higher likelihood of wrongful conviction due to several intersecting factors: lack of adequate legal representation, systemic biases and the pressures of plea bargaining.

One of the most significant factors contributing to wrongful conviction is inadequate legal representation. The Canadian Charter of Rights and Freedoms guarantees the right to counsel, but in practice, the quality of legal representation a defendant receives can vary drastically based on their ability to pay. Consequently, poorer defendants frequently find themselves under-represented in court, lacking thorough investigation, expert witnesses and comprehensive legal strategies.

Systemic biases play a crucial role in the higher rates of wrongful convictions among people with limited financial means. The justice system, which should be impartial, is not. It is not immune to the biases and prejudices that permeate society. Socio-economic status can influence the perceptions of judges, jurors and law enforcement officers. Poorer defendants often face these implicit biases, as their lack of resources and lower social standing can be subconsciously associated with criminal behaviour. We have heard it in this very House.

This bias can lead to harsher judgments, weaker defences and, ultimately, wrongful convictions. It is proven in convictions that the intersection of race and poverty affect outcomes. Indigenous peoples and racial minorities, who are disproportionately represented among poorer Canadians, face compounded biases that increase their vulnerability to wrongful convictions. Studies have shown that indigenous and Black Canadians are more likely to be wrongfully convicted than their white counterparts, highlighting a deeply rooted problem of racial and economic inequality in our justice system. I note that the Conservatives do not understand this.

Another critical aspect contributing to wrongful convictions is the pressure to accept plea bargains. Plea bargaining, intended to expedite the judicial process and reduce caseloads, often places an undue burden on poor defendants. Faced with the prospect of prolonged pretrial detention, high bail amounts they cannot afford and the uncertainty of a trial, many low-income defendants feel compelled to plead guilty to crimes they did not commit in exchange for a reduced sentence. This coercive aspect of plea bargaining leads to a troubling reality where innocence is sacrificed for expediency.

Let us add that probation requires admittance of guilt, so the wrongfully convicted are forced to make unjust choices. Furthermore, wrongful convictions have devastating consequences beyond the individual. They erode trust in the legal system, perpetuate cycles of poverty and fail to address the real perpetrators of crime. When an innocent person is convicted, the actual offender remains free, posing a continued threat to society. This failure to deliver true justice undermines public confidence and perpetuates the belief that the system is rigged against the marginalized.

The Conservatives are fine with this reality. They say to just appeal. With all of the barriers I just outlined above, it is obvious that appeal is neither equitable nor just. Expanding access to post-conviction review and innocence projects can provide a safety net for those who have been wrongfully convicted. Organizations such as Innocence Canada work tirelessly to investigate claims of innocence and exonerate the wrongfully accused. By supporting their efforts and facilitating the review of questionable convictions, we can rectify past injustices and prevent future ones. It should not have to be that way.

In conclusion, the higher rates of wrongful convictions among lower-income Canadians highlight profound inequities in Canada's legal system. From inadequate legal representation and systemic biases to the pressure of plea bargaining and resource imbalances, the odds are stacked against those with limited financial means. With respect to Bill C-40, miscarriage of justice, it is incumbent on all of us to have a justice system that functions well and does not put innocent people behind bars.

Bonita Zarrillo

$527,655.00