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Decentralized Democracy

House Hansard - 145

44th Parl. 1st Sess.
December 9, 2022 10:00AM
  • Dec/9/22 10:56:11 a.m.
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  • Re: Bill C-9 
Madam Speaker, I completely agree that the appointment of judges must be non-partisan altogether, whether or not that is done through a multi-party body that oversees the appointment of judges. I would take it a step further and say that politicians should not be involved in it at all. It should just be done on a very non-partisan basis, based on the lawyer's ability to be a good judge.
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  • Dec/9/22 11:41:23 a.m.
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Madam Speaker, let us be very clear, and I am sure all members of the House agree on this. Safeguarding our democracy and our national security is of paramount importance. This is not a partisan issue. This is an issue that we all agree on, and we need to make sure that we remain vigilant when it comes to protecting our national security. That is why the contract with Sinclair Technologies has been suspended by the RCMP. That is why we are reviewing all mechanisms to ensure that such contracts are never awarded. Once again, safeguarding our democracy and national security is of paramount importance.
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  • Dec/9/22 12:34:30 p.m.
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  • Re: Bill C-9 
Mr. Speaker, New Democrats support the modernization of the complaints process and the adding of alternative remedial options beyond the current sole option of removal of the bench. As we have heard, the bill would allow for varied sanctions, including counselling, continuing education and other reprimands. In contemplating this, I recall a situation that I dealt with in Hamilton with Justice Bernd Zabel who wore a “make America great again” hat into the courtroom the day after the U.S. election. This created quite an outcry within our community. When people tried to engage in the complaints process, it was made very clear that unless it was something so egregious that it would result in the removal of the justice, it would be very unlikely anything would happen. I would like the hon. member to reflect on the importance of maintaining a process that would ultimately hold justices responsible for ensuring that they are not influenced by partisan interests, that they maintain their objectivity and that they shall not in any way discredit the bench through any perception of bias or prejudice toward any party or interest.
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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 12:39:27 p.m.
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  • Re: Bill C-9 
Mr. Speaker, when individuals reflect negatively on the system, that in itself feeds the answer the member provided to me the last time around. In other words, if we have a system to which other countries look to see how Canada manages things, then I think we set a very good example. I challenge the member to indicate which members of the judiciary, any judges, she believes this government appointed as political partisan decisions.
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