For the information of those transcribing this debate, you should know that, since you've been talking about Mr. Ménard, you've been talking about Réal Ménard, a regular member of this committee. My name is Serge Ménard, and I'm sitting on this committee on an exceptional basis.
As I am an assistant, my speaking time is only five minutes. I will ask my two questions first, then hear your answers. That doesn't mean that I didn't appreciate the presentations that were made. On the contrary, I've always appreciated Judge Lamer's presentations, and he knows it.
Professor Ziegel, this is the first time I've seen such an ambitious project. I'm sorry I didn't see it at the end of the last millennium. I hope someone will one day decide to carry it out.
Mr. Justice Lamer, I understand you when you say we shouldn't pursue secondary goals. Ultimately, you've put the finger on what this is about, that is to say including police officers who will have objective to pursue, whatever it might be.
I can answer some of your questions because I've had the benefit of sitting on a lot of selection committees. In 1977, there were the first committees, and the people were appointed by Minister Marc-André Bédard. I even attended the first meeting, chaired by Judge Alan B. Gold, where it had to be decided how we would operate in the context of the new procedure. I appreciated the contribution by members of the public to the meetings of those committees.
The question before us here concerns the appointment of police officers to sit on selection committees for superior court judges. However, in my assessment, and perhaps yours will be similar to mine, the superior court judges appointed by the federal government practise very little criminal law; Mr. Ziegel mentioned 2% of criminal cases. The vast majority of sentences handed down—more than 99%, in my opinion—and of criminal trials conducted are conducted before provincially appointed judges.
Although I'm in favour of keeping public representatives, I wonder why police officers would be systematically selected—and I'm not saying that a police officer wouldn't be a good public representative—to select judges who will mostly hear cases in family law, commercial law, liability law and so on. I think that choice is unjustifiable. So I would like you to address that aspect.
Then, Mr. Ziegel, there is something that intrigues me when I read your presentation, which I respect a great deal. I get the impression you think that political activity doesn't prepare a person well for the judiciary. Could you clarify your thinking?
As a result of the intensity of political activity today, one definitely loses the experience acquired by pleading. Although we are legislators, we have less time to consult, read and analyze case law and the new statutes that are not related to the duties we have been assigned, either as minister or critic of a political party. Can you give us more details on this question, Mr. Ziegel?
Judge Lamer, given your experience on the Superior Court, Court of Appeal and Supreme Court of Canada—and I know you cleaned up all those courts, particularly the Superior Court in Montreal, where there was a great deal to do—can you tell me whether my estimate of 2% is correct?
I would also say that I read an estimate by the Chief Justice of British Columbia, who said that 95% of the cases his judges heard were not Criminal Code cases.