Justice Minister Rob Nicholson and his NDP critic, Joe Comartin, are shown in a photo combination.The Canadian Press
Joe Comartin, the NDP's justice critic, isn't just talking about making Parliament work - he's actually doing it.
Later Monday, after Question Period, Justice Minister Rob Nicholson will make a motion indicating the government is poised to introduce a bill that will deal with mega-trials, court proceedings in which multiple accused are often released because of delays and the length of time it would take to try the case.
And this action by the government is the result of the legwork done by Mr. Comartin, a former veteran trial lawyer.
Mr. Comartin was stunned when a Quebec Superior Court judge recently released 31 alleged members of the Hells Angels biker gang, arguing their trials could take 10 years.
The accused were part of a massive police round-up in 2009 and because of the complexity of the evidence and number of witnesses, the judge said delays may prevent fair trials. As a result, he set them free.
Mr. Comartin raised this in the Commons last Tuesday during Question Period, noting the men were released because of "delays expected in their mega trial." No one was to blame, he suggested, but he called for action. "The police did their job. The prosecutors did their job. It is time for Parliament to do its job," he demanded.
The Justice Minister agreed.
"This is certainly the time and it was certainly the time in the last Parliament when we introduced the fair and efficient criminal trials act that would strengthen case management, reduce duplication and improve criminal procedure," Mr. Nicholson said. "That was a great piece of legislation. We are prepared to re-introduce it."
But that wasn't good enough. In his follow-up question Mr. Comartin had that the opposition was willing to pass it in the last Parliament "if the government had moved on it."
"My question to the minister today is this: Will he pledge to the House that we will have the bill before the House and pass it before we leave in the spring?"
Mr. Nicholson replied "that is the easiest pledge I will ever make." And the Justice Minister is to honour that pledge Monday.
Mr. Comartin had spoken to Mr. Nicholson about the issue earlier; he had also spoken to his Liberal counterpart Irwin Cotler. By laying the groundwork, it appears that the bill - when it is formally introduced in the House later this week - will be given unanimous consent to sail through the chamber and into the Senate.
It is not a complicated bill, Mr. Comartin noted. It is more procedural than substantive and would allow mega-trials to be speeded up to avoid accused being released.
Usually such trials involve multiple accused - anywhere from five to 20 people - and they are generally cases involving organized crime that hinge on much paperwork, surveillance evidence and lots of disclosure.
The system now allows for defence lawyers to argue each and every motion, involving each and every accused separately, resulting in potential delays and courts being overwhelmed. In addition, Mr. Comartin said multiple judges could also be involved in the process, each allowing different amounts of disclosure of evidence.
The proposed bill would allow one judge to deal with the case and it would give him or her the authority to bring together motions so that five or six or 20 accused would be dealt with at the same time, reducing delays and potential withdrawal of charges.
Mr. Comartin, meanwhile, is pleased that the system seems to be working. "With co-operation we can get things done," he told The Globe