Preserving Independence in the Judicial Appointments Process

[FiveParadox]

Today in the House of Commons, Mr. Art Hanger M.P. (Calgary Northeast) presented the Fourteenth Report of the Standing Committee on Justice and Human Rights. The report is a damning review of the decisions of this Government of Canada, in terms of their damaging changes to the judicial appointments process. The radical changes essentially promote police-made justice, endeavouring to create a decided bias against the accused—and this problem should be of serious concern to Canadians.

The Government recently implemented changes, led by The Honourable Vic Toews P.C., M.P. (Provencher), the Minister of Justice and Attorney General of Canada, that give members of various police services a disproportionately large number of votes for the recommendation of justices—which puts serious strain on the independence of judicial institutions, since the actions of the police must routinely be scrutinised by justices. Also, the removal of the “highly recommended” category, gives the Minister of Justice far more personal discretion in terms of appointments—a policy which opens up the process to partisanship and corruption.

The report is a fascinating read, and also provides a great background on the past and present appointments processes. I would invite all members to read the Fourteenth Report of the Standing Committee on Justice and Human Rights, and to post their comments on the report here. I think we could have a constructive conversation on the appointments process, and whatever reforms we believe should be made, or not made. Enjoy! This is our elected representatives at work.

:?: Source
1. Fourteenth Report of the Standing Committee on Justice and Human Rights. (Go!)

 

[Kreskin]

Five, was this the end around to bypass the senate, or lessen the power of the senate in some fashion? I can't remember the details.

 

[FiveParadox]

Re: Senate and the Judiciary

Well, the issue doesn’t necessarily involve the Senate of Canada—though I suppose it does on a certain level, since ultimately, our highest-ranking part of the judiciary is the High Court of Parliament, according to The Honourable Senator Anne Cools (Toronto Centre—York). This Government is endeavouring to entirely paralyse the Senate, and the judiciary; it’s quite shameful behaviour on the part of a Government that should be doing whatever it can to represent all Canadians. In any case, I certainly oppose any attempts by the Conservative Party of Canada to restrict the rights and prerogatives of the Senate.

This issue is about the independence of our judicial institutions. The Government is stacking the appointments committees with members of our police services. Now, don’t get me wrong—I have a profound respect for police officers, and the honourable work that they do to protect and serve Canadians. However, I don’t believe that they have any role to play in the administration of justice, beyond the stage of arrest. It damages judicial independence, to have police officers recommending judicial appointments.