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Justice committee Thank you very much. It's an honour to be here before this committee again. I want to comment on two aspects of the changes to the appointment process: the committee structure, at least, and the function of the committee. The first relates to police representation as an institut
March 28th, 2007Committee meeting
Professor Edward Ratushny
Justice committee I'm afraid I have to disagree with my learned colleague. I think the judiciary has evolved, and the society has evolved. I think there's a lot more information available. There are a lot more studies, including studies that show the inadequacies of imprisonment, how imprisonment
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I'm saying there's not very much wrong with judges in Canada. I've been involved in constitutional review in Kenya, for example, where we condemned corruption amongst judges. The chief justice there had a Hummer and a Cadillac and a Mercedes and so on, and when he ultimately resi
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee In which they've been paid off?
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee Well, I've never seen one.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I didn't understand your first question. Was it whether there should be term—?
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee A limited term of appointment.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I see, the qualifications for judges.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I see. No, I don't think that legislation would be appropriate. Ultimately this is a decision of the government. All this advisory structure is essentially the government asking for assistance. But by the Constitution, they have the right to appoint judges--the government does.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee They start the criminal cases, you're saying?
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee Well, it goes beyond that. They're involved in the criminal cases. Their conduct is reviewed in the course of a criminal trial, so they're very much partisans in the process. So unlike the lawyer, whose conduct is not judged in the ultimate determination of the case, the conduct
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee It was the early 1970s, yes.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I'm not aware of any, but perhaps my colleague Mr. Cannavino might be more familiar with that, in terms of a comprehensive survey.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee I think that's essentially what I said in my presentation. So I agree with Mr. Trudell.
March 28th, 2007Committee meeting
Prof. Edward Ratushny
Justice committee Absolutely.
March 28th, 2007Committee meeting
Prof. Edward Ratushny