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FEATURE 14 www.canadianlawyermag.com CROSS EXAMINED Under Virani's leadership, he says the percentage of racialized judges appointed has increased to 21 percent, up from 15 percent during the entire tenure of the Trudeau government. To encourage more applications from underrepresented groups, Virani emphasizes the need for a broader and more diverse applicant pool. "I can only appoint as fast as the pool of applicants is deep," he says, urging lawyers with more than 10 years of experience to consider applying for judicial roles. Tackling wrongful convictions Beyond judicial appointments, Virani has focused on systemic reforms aimed at correcting wrongful convictions. He has championed the creation of the Miscarriage of Justice Review Commission through bill C-40, which is modelled after the UK's Criminal Cases Review Commission. This independent body is designed to investigate potential wrongful convictions and make recommendations for new trials or appeals. The commission would be separate from the minister of justice and equipped with the resources to investigate cases, particularly those involving marginalized individuals who may not have the means to challenge their convictions. "In the span of about 23 years, we've overturned 29 wrongful convictions in this country," Virani says, "but the comparative statistic from the United Kingdom is about 540 cases." This discrepancy, according to Virani, is due to the UK's proactive approach in investigating wrongful convictions, something he aims to replicate in Canada. The bill has already passed through the House of Commons and is now under review in the Senate. "We did have some obstruction on the part of the Conservative Party of Canada," Virani says, but expressed optimism that the bill will soon receive royal assent. Curbing online harms Another major initiative on Virani's legislative agenda is bill C-63, which aims to tackle online harms by holding social media platforms accountable for harmful content. The bill focuses on issues such as child sexual abuse material, revenge porn, and hate speech targeting vulnerable communities. "My job is about keeping Canadians safe," Virani says. The bill, currently at second reading in the House of Commons, requires platforms to take down harmful content within 24 hours. It has been shaped by over four years of consultations, though Virani acknowledges that it is not without flaws. "I think we've got a very strong bill. I want to get it into the justice committee and want to get it into the Senate so that we can hear from witnesses about how it can be improved," he says. The legislation is particularly personal for Virani, who fled Uganda as a child and has seen firsthand the impact of hate and discrimination. "I am a South-Asian Muslim refugee who came here from Uganda," he says. "It's not lost upon me that we lead the G7 in deaths due to Islamophobic, fatal attacks." He notes that 11 people have died in Islamophobic attacks in Canada since 2017, a statistic he finds deeply troubling. Virani hopes JUDICIAL APPOINTMENTS: BY THE NUMBERS 92 appointments since the beginning of 2024 78 vacancies on January 1, 2024 47 open vacancies 87 judges who have either elected supernumerary status, retired, and/or been elevated since the beginning of 2024 116 new judicial positions government has created since coming into office that by curbing online hate speech, the bill will help prevent such violence in the future. Reflecting on his role As he reflects on his first year as attorney general, Virani acknowledges both the challenges and rewards of the job. "It's a very demanding role," he says, particularly when it comes to decisions involving wrongful convictions and extradition cases. However, he also sees the immense impact his work can have. "It is tremendously impactful when you can make changes such as proceeding on such a brisk pace with judicial appointments. For Virani, the opportunity to shape Canada's justice system is a fulfillment of a long-held ambition. "This is the job I always wanted to have as a young lawyer," he says. "In the span of about 23 years, we've overturned 29 wrongful convictions in this country. But the comparative statistic from the United Kingdom is about 540 cases" Source: Minister of justice and attorney general of Canada; as of September 13, 2024