I agree with Professor Ziegel, who made that recommendation, that you do so. I raised the matter because I was hoping we would get to that.
They're not even sworn. When do they disqualify themselves? What if one of the members is related to—? There is nothing.
I didn't have time to get into asking various people how they proceeded. I just didn't have time. I was out of the country. But I spoke, at least, with the Chief Justice of Quebec about what he knew about how they proceeded. He said that they had sort of established a few rules, but they were skimpy.
So yes, I think you should recommend that there be a comprehensive book of regulations on how to proceed and on who should be on that and on what the criteria should be. Should they be sworn? I think there's nothing wrong with an oath. It helps out a bit, sometimes. And it should even stipulate how many times they meet each year.
In Quebec, they meet twice a year. Well, maybe that's enough, but I don't know how many postulants there are per year. That's kept secret.
Of course I was addressing the composition of the committees, but the professor went much further in addressing the appointment of judges. I'm postulating that the committees remain, and within those four corners. If there can be improvement moving away from committees, I don't know; but I'm postulating that there are going to be committees and that these committees are going to be staffed in the manner that, as I said, will be efficient.
Where I disagree, respectfully, with the professor is that I think the committees have contributed to setting aside this impression that it's political patronage, to a certain degree. I have confidence in the committees. Actually, I was told a story a few days ago. There is a committee somewhere in Canada on which there is a policeman, and in that province, a crown prosecutor who was known to be pretty demanding and severe on crime.... And there's nothing wrong with that. I'm against crime. And I have expressed that view that I sometimes look at certain sentences, and I figure, “Well, wow!”
I think that plea bargaining is going on a little too much, but I understand the crowns are overburdened, and the temptation is there to knock off a couple of years and then save 10 days of hearings. The temptation is there. They're human; they're overworked; they're underpaid. And I understand them, but it's not good for justice. The very word “bargain” gives the message of what's happening. Somebody is getting a bargain, and that's not justice. Justice has nothing to do with bargains.
This crown prosecutor, who was known to never plea bargain, was turned down. The policeman voted against him and said that the reason was that he was not flexible enough.
So my reaction is to what happened to the committees as a result of the changes that were recently made, and I'm saying that our police officers are capable of rising above any agenda, but I'm against their being on committees for a reason of perception. They are part of the prosecutorial process. It's no different for the president of LEAF or the president of REAL Women, people who have an agenda. And I'm for people who have agendas; they've helped the Supreme Court a great deal by intervening in cases, but they should not be on that kind of committee to try to advance their causes. I think some of them are so enthused by their causes that they might be somewhat biased when it comes to choosing somebody. They might go for the choice that furthers their cause or furthers their intent.
Yes, I completely agree with there being criteria and regulations, because what they're doing is very important.
I would also suggest you recommend that the Governor General in Council remain within the four corners of the list and not go outside. One Minister of Justice—I think it was Mr. Rock—made an undertaking to not go outside the list when choosing appointments. Others didn't make that commitment, and I think I remember one or two appointments—I wasn't watching them, as it's a big country and there are lots of appointments—that were outside the list. I remember that one of the two was criticized because there seemed to have been a political connection in regard to that person's spouse.
I would recommend that the government be limited to the list.