44th Parl. 1st Sess.
December 9, 2022 10:00AM
- Dec/9/22 11:25:20 a.m.
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Madam Speaker, on Tuesday, the Chief Justice of the Quebec Superior Court, Marie‑Anne Paquette, criticized the fact that many trials have had to be postponed over the past few months because the Minister of Justice is taking too long to appoint judges. In one judicial district in the Montreal area, no hearings could be held for a month because there were no judges available. When the minister's office is asked about this, it responds that the appointments will be made in due course. Will the minister admit that due course has come and gone?
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- Dec/9/22 12:30:26 p.m.
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- Re: Bill C-9
Mr. Speaker, I want to talk about the importance of the passage of the legislation. It is encouraging to see the type of unanimous support the legislation is receiving. That speaks well of the legislation itself. It also adds value to what I have made reference to in the past, which is public confidence in our judicial system and its independence.
Then the member started to talk about the appointment process, which has always been of keen interest to me. Where I disagree with the member is that she seems to think the appointments are political appointments when in fact they are not. I truly believe that about the judicial appointments that have been made to date.
The member mentioned that there are some other countries looking at it, and I expect there are a lot of countries looking at it. Can she cite a country with which she feels comfortable in the way a judge is appointed?
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- Dec/9/22 12:35:48 p.m.
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- Re: Bill C-9
Mr. Speaker, I am tempted to talk about a bunch of things that stand out from that question.
With regard to the review process referred to by the hon. member, one of the amendments adopted in committee was that, if the complaint is dismissed, the person who made the complaint should at least be informed of the reasons for dismissing it. This implies that a minimum of work must be done to explain why the complaint is not being pursued any further. This seems to have been a concern in the case my colleague mentioned.
As for partisan appointments, having a transparent committee to select judges is already a step in the right direction, in order to ensure that judges are not always Liberal leaning, for example. This is what we have unfortunately seen in the past with the “Liberalist”.
However, if we want to go a little further, there is one thing we must also consider: What happens to judges once they have completed their term on the bench? Many of them go to large firms, but others go to work for lobbies or for groups that are a little more partisan.
Perhaps we should also review the possibility for judges, at the end of their term, to work in the private sector in businesses, groups, companies that may be considered more politically oriented, for example?
There is work that could be done throughout a judge's life, from appointment to retirement, to ensure greater impartiality, generally speaking, and greater public confidence in the system.
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- Dec/9/22 12:37:43 p.m.
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- Re: Bill C-9
Mr. Speaker, justice is important, but the appearance of justice is just as important. In Quebec, they say that the Supreme Court is like the leaning tower of Pisa. It always leans the same way: against Quebeckers.
I wonder if Quebeckers' declining confidence in the Supreme Court is due in large part to the secrecy and long-standing lack of transparency we see over and over in judicial appointments.
The noncommittal answers and wishy-washy suggestions we have been hearing from the government side lead me to believe that the Liberals do not really understand the magnitude of the task before them with respect to the appointment process.
Does my colleague think they are taking this seriously enough?
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- Dec/9/22 12:54:19 p.m.
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- Re: Bill C-9
Madam Speaker, I would like to thank my colleague. Every time he stands in this place and speaks on his knowledge about the justice system in this country, I learn something. I am grateful for the work he has done and for his thoughtful interventions in the House.
Today he spoke about the fact that the bill could have been brought forward sooner, that there is cross-party support, and that there are still some flaws in it, but that it is, by and large, a good bill. He also spoke about the importance of diversity in the appointments of judges and the work that has been done in that area. I have been hearing some worrying concerns about the diversity of appointments in Alberta, my home province.
Can he speak about how we could improve that system even further? How can we ensure the system is appropriate across the country?
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