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Decentralized Democracy

Member of Parliament

Rhéal Éloi Fortin

  • Member of Parliament
  • Member of Parliament
  • Bloc Québécois
  • Rivière-du-Nord
  • Quebec
  • Voting Attendance: 68%
  • Expenses Last Quarter: $105,330.31

  • Government Page
Context: House Hansard - 90 - Jun/16/22
Mr. Rhéal Fortin
  • Jun/16/22 11:36:30 a.m.
  • Watch
  • Re: Bill C-9 
Madam Speaker, I would like to thank my colleague for her question. Before answering, I would like to congratulate her for making the effort to ask the question in French. I know that it was not easy, and I want her to know that I am very thankful for the effort. It is a mark of respect, and I sincerely thank her. I was so focused on her language efforts that I forgot her question. Ha, ha! I do agree that we need to vote in favour of Bill C-9. The appointment process must also be impartial, and it needs a review. That is our job, and we owe it to voters and the entire population to make sure our justice system is non-partisan, effective, professional and reliable.
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Context: House Hansard - 90 - Jun/16/22
Mr. Rhéal Fortin
  • Jun/16/22 11:27:40 a.m.
  • Watch
  • Re: Bill C-9 
Madam Speaker, for years, people have been calling for reforms of the process for reviewing allegations of judicial misconduct, whether the review results in a removal or not. This is not the first time that such a bill has been introduced in the House. The Judicial Council itself has called for this. If we can pass this legislation, it will benefit all stakeholders in the judicial system and all Quebeckers and Canadians. The judicial system is the backbone of any society that wants to live, thrive and evolve in peace. Without a judicial system, it would be total anarchy, an eye for an eye, a tooth for a tooth. No one wants to abolish the courts. Everyone wants to be able to have faith that the courts will resolve our disputes. Ideally, it would resolve all of them, and for that to happen, we must appoint judges with spotless records in terms of credibility and professionalism. The first step is to ensure that the appointment process is effective and non-partisan. I will come back to this. We must also ensure that once a judge is appointed, they are consistently subject to ethical conduct rules that are acceptable to everyone involved. Finally, we must ensure that, in cases of misconduct, there is a reliable and effective process for reviewing and, where appropriate, fairly sanctioning the conduct of the party at fault. We have to admit that the review process in place is among the best in the world. We are not starting from scratch, and that is a good thing. Having myself participated in discussions with bar associations in other jurisdictions in Europe and elsewhere, I can say that what we have here in Quebec and Canada is the envy of many other democratic societies. That being said, recent examples have shown that we need to think about a new and improved process that would prevent abuses. Having a process that takes years before all reviews and appeals have been exhausted, while the principal continues to receive a salary and benefits—often including a generous pension fund—and these costs are assumed by the public, certainly does not help boost confidence in the judicial system. Of course, it is just as important that judges who are the subject of a complaint can express their point of view, defend themselves and exercise their rights just like any other citizen. The process needs to be fair and should not unduly favour the person who is guilty of misconduct and seeks to abuse the system. In this respect, Bill C-9 meets our expectations and should receive our support, as well as that of all Canadians. I am happy about this and even hopeful that we will now tackle the other key process, judicial appointments. It would be nice to see the government finally set partisan politics aside when appointing new judges. Does the “Liberalist” the government is so fond of still have a place in the selection process? We have talked about this many times in the House. We will have to talk more. Could the final selection from the short list be done by a committee made up of a representative from each of the recognized parties? Could representatives of the public or professional bodies also take part? That is certainly something to think about. In my opinion, we are ready for this review process. The Bloc Québécois has been calling for it for a long time, and we will continue to do so. Bill C-9 may set the stage for us to seriously consider it. Will the Minister of Justice be bold enough to propose it? I hope so. If he does, I can assure him right now of our full co-operation. Until then, let us hope that the reform of the complaints review process proposed in Bill C-9 can build public trust in our judicial system. I said “our judicial system” because we must never forget that the judicial system belongs to the people and must be accountable to the people. We are merely the ones responsible for ensuring the system is effective. I will not rehash here the process that led to the relatively recent resignation of a Superior Court justice for whom the review process, given the many appeals and challenges against him, apparently had no hope of ending before he was assured the monetary benefits of his office. However, we must recognize that we cannot allow this heinous impression of non-accountability and dishonesty persist, whether it is well-founded or not. We need to assume our responsibilities and make sure that the public never doubts the credibility, goodwill and effectiveness of our courts.
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