I want to thank you for staying so long. We were supposed to conclude the meeting at 5:30 p.m. I have a question for you with respect to judicial discretion — in other words, judicial power. A great many witnesses have come before the Committee to say that we are attacking the power or discretion of judges.
But I would just like to make a few comments by way of introduction. Under the American system, judges are elected, with the exception of federal judges. If I had the power to elect judges, perhaps we would not be here trying to resolve this problem. In Canada, all our municipal, provincial and federal judges are appointed by politicians. When they are appointed, they are given the right to take action under the Criminal Code. If a judge is given the right to take action under the Criminal Code, it is Parliament setting the parameters within which he has to work. For example, we require this or that type of evidence. The principle of evidence being proven beyond a reasonable doubt is a parameter. We tell the Crown prosecutor that he wants to convict someone, he will have to prove beyond a reasonable doubt that the individual in question committed the crime of which he or she is accused. So, we set parameters.
We also give judges certain parameters. We tell them that if they believe, beyond a reasonable doubt, that the accused is guilty, they will have to do certain things. But because judges are appointed for life, they can do whatever they like. The only avenue of appeal is the Appeal Court. I can assure you that in the United States, a judge who decided to do whatever he liked would be removed from his position within two years. I'm not talking about federal judges. There is a big difference between the two systems. That changes the dynamic. In Canada, we are different.
And there is a second point I want to raise with respect to judicial discretion. Mr. Moriah, I related somewhat to your comments. We live in Canada, with a population of 32 million. I am from the province of Quebec. I sometimes feel as though I am a victim of discrimination because there are proportionally more Francophones in prison in Quebec. I see that as a problem. So, in that regard, I am on the same wavelength with you. The fact is that there are more Francophones in prison in Quebec.
People often talk about the different groups there are here in Canada. Mr. Bagnell often talks about the Aboriginal peoples. There are Aboriginal groups in Northern Quebec; there are 200 of them. And when someone commits a crime, we have to get that person out of there. These groups are overrepresented in places where we send people who commit crimes. Because there is no road, we have to go and get that person in an airplane, in order to bring him back to Montreal to put him in prison. It's a bit of a problem. We live in a rather strange country.
I would be interested in hearing your comments, because you are a lawyer. Do you disagree with the idea of limiting the discretionary power of judges? That is our role. In reality, it all comes down to that. Bill C-10 applies to extremely serious crimes committed in serious circumstances. As Mr. Kulik was saying earlier, most of the people these legislative provisions will apply to were initially convicted in youth court, or at the provincial level, and then entered the federal system.
You are a lawyer practising in Toronto, Ontario, and I would like you to tell me whether you disagree with the idea that we can limit judges' discretionary power. That is an extensive power. It may be the most significant power a judge has when handing down a sentence.