Justice Committee on March 4th, 2008

[Rob Nicholson, Conservative, Niagara Falls, ON]

On the second part of your question, we have some ideas how they can and should be allocated, but we'll do that in conjunction with our discussions with chief justices across the country and input from the provinces. I've had a number of provincial and territorial inputs as to whether they should get another judge or more than one judge. But I didn't want to put the cart before the horse. I've got to get this thing through Parliament first.

With respect to the 30, I don't have that information, but I think we should be able to give you that. It's been done over the years; we'll get that information for you.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Are we at risk of the 14 being taken up and then there'd be an additional demand from the provinces at this time?

[Rob Nicholson, Conservative, Niagara Falls, ON]

In my experience, there are always additional demands from the provinces in many areas, but I think we are meeting the reasonable demands. I can tell you one attorney general has approached me and told me he needed one and asked if I could appoint one. I told him I would do my best to accommodate him. If he changes his mind and says he now needs two, I would take that into consideration. But it comes in part from the discussions we've had, so it's not quite as arbitrary as it might otherwise look.

We have a pretty fair idea of where the demands are, and if a province says to me they need one more judge, we'll try to accommodate that. It's a reasonable request, but they won't be getting two or three because that's not what they asked for.

So we hope to meet the demands. If there are demands in the future, we'll have to respond to that.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

There's no risk they won't all be taken up? All 14 are definitely going to be taken?

[Rob Nicholson, Conservative, Niagara Falls, ON]

I don't think there's any question. I think the 14 will be welcomed in addition to the six. I think it'll work, and I had good feedback as recently as 24 hours ago from the Attorney General of Ontario.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Is there any reason for the federal government not to want to increase the pool? It doesn't cost us anything.

[Rob Nicholson, Conservative, Niagara Falls, ON]

It's not exactly no cost. Obviously, it's hundreds of thousands of dollars in salary per individual. So it ends up costing the Government of Canada millions of additional dollars. But again, we're only one component of that. The provinces and territories have the responsibility for the administration of justice, so they will bear the costs.

I think we have an estimate of what each judge would cost us.

[Judith Bellis]

Compensation and benefits for a superior court judge are now in the range of $350,000 to $360,000, if you take the pension into consideration. Of course, those appointments are ongoing. Once judges are appointed, it's very difficult to reduce the complement of a court.

[A voice]

Probably impossible.

[The Chair, Conservative, Art Hanger]

Very quickly, Mr. Lemay.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Minister, let us assume that Bill C-31 — I believe it will be passed today — will pass and that Bill C-30, which we will probably be studying until the end of April, will also pass.

According to your plans, when will the new judges be able to undertake their duties? Will the chief justices and the provinces be given any directives so that they can start looking for judges to work on the Specific Claims Tribunal?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Ms. Bellis has said she would like to comment on that.

[Judith Bellis]

Monsieur Lemay, as you know, Bill C-30 contemplates that the tribunal will actually have a six-month period for it to be up and running once the bill receives royal assent. That period has been established exactly for the purposes about which you are concerned, for chief justices and the chair of the tribunal, who will be one of the six, or 18, depending on the way it's structured, to undertake the necessary consultations internally to identify the judges who would be recommended for the roster, for the Minister of Justice to make the recommendation to the Governor in Council, as well as to have the tribunal administration established and all the other mechanical issues that will have to be rolled out as we go.

So in terms of when would be the first point of appointment, the roster that's contemplated would be in place six months after the coming into force. But you can be sure that provincial chief justices who know there are significant specific claims matters in their provinces will already be giving consideration to those issues. I expect that the Minister of Justice and Minister Strahl will have those views in good time.

[The Chair, Conservative, Art Hanger]

Thank you, Mr. Lemay.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Thank you.

[The Chair, Conservative, Art Hanger]

Minister, thank you for appearing.

I have one quick question from the chair.

You had mentioned something about an amendment, but that would be introduced at report stage in the House.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Yes, it would.

[The Chair, Conservative, Art Hanger]

We will not be dealing with that issue here.

[Rob Nicholson, Conservative, Niagara Falls, ON]

No.

[The Chair, Conservative, Art Hanger]

Thank you kindly, sir.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Thank you.

[The Chair, Conservative, Art Hanger]

Ms. Bellis, Ms. McKinnon, and Mr. Near, thank you for attending.

I will suspend for two minutes, and then we will do clause-by-clause consideration.

[The Chair, Conservative, Art Hanger]

I call the standing committee back to order.

Now we'll go to clause-by-clause consideration of Bill C-31. I'll call the vote on clause 1.

(Clause 1 agreed to)

[The Chair, Conservative, Art Hanger]

Shall the title pass?

[Some hon. members]

Agreed.