Evidence of meeting #23 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was funding.
A video is available from Parliament.
Conservative
Robert Goguen Conservative Moncton—Riverview—Dieppe, NB
Point of order, Mr. Chair....
How does this relate to the supplementals?
Conservative
The Chair Conservative Mike Wallace
Well, the supplementary estimates include the Supreme Court. So if he can refer to the spending that the Supreme Court is asking for under vote 1, it's certainly allowed. If the minister chooses to answer, as it relates to the spending for that vote, it is in order here on the table. Thank you.
Conservative
The Chair Conservative Mike Wallace
Do you want to relate it somehow, as to the opening at the Supreme Court and how the spending is going?
Liberal
Sean Casey Liberal Charlottetown, PE
Mr. Minister, you have undoubtedly read reports in the media that Justice Nadon was asked to resign to join the Quebec bar in order to make his appointment eligible, or in order, I presume, to cleanse his appointment.
Can you shed any more light on that, sir?
Conservative
Peter MacKay Conservative Central Nova, NS
That was not a request that was made by me, Mr. Casey. I've read media reports of speculation around this issue, but I can tell you that's not something that I personally encouraged him to do.
Conservative
Liberal
Sean Casey Liberal Charlottetown, PE
Of a request made to have Justice Nadon resign from the Federal Court....
Conservative
Peter MacKay Conservative Central Nova, NS
What I can tell you is that when I became Minister of Justice back this past summer, this process, of which you were a part, was already well under way.
With regard to the appointment process itself, as you know, there was a great deal of anticipation as to who was going to replace Mr. Justice Fish. There was a vetting process, of which you were a part, and a list was produced. We now know, of course, that this list included Mr. Justice Nadon's name. That process, again, I say for emphasis, was well under way when I became Minister of Justice.
Conservative
The Chair Conservative Mike Wallace
The bells are ringing, and the minister has offered to come back to finish your round, Mr. Casey.
We have about two and a half minutes left, so if you could come back after the bells, after we vote, you'll have two and a half minutes left.
Conservative
The Chair Conservative Mike Wallace
Thank you very much.
This will be suspended until after the votes. Thank you.
Conservative
The Chair Conservative Mike Wallace
Okay. Our friends from the media can leave. Thank you very much. It has been great having you here for 30 seconds.
Thank you, Minister, for joining us.
I know you have other appointments at noon, so we're going to finish up with the Liberal question section. They have two and a half minutes left, and then you'll be excused and we'll go to the second panel.
Conservative
Peter MacKay Conservative Central Nova, NS
Mr. Chair, I just want to clarify. I had indicated in an earlier question to Mr. Casey that he was part of that process. I stand corrected. It was actually Dominic LeBlanc who was the member of that committee.
Conservative
The Chair Conservative Mike Wallace
Thank you for that clarification.
Mr. Casey, the floor is yours.
Liberal
Sean Casey Liberal Charlottetown, PE
I thank you for that clarification as well, Minister.
Back in March, I asked you about the use of the notwithstanding clause, and at that time you used the word “scuttlebutt”, and then when it was raised in the House, you alleged that it was the Liberal Party that had used it.
In light of the losing streak that the government's on in front of the Supreme Court of Canada, do you stand by your statement that you have not asked your officials to contemplate the use of the notwithstanding clause?
Conservative
Peter MacKay Conservative Central Nova, NS
Well, I'm glad to get the opportunity to clarify that because, you know, what I should have said was that it was the Liberal Party that invented the notwithstanding clause, that brought it into being and it was, I believe, Prime Minister Paul Martin who threatened to use it. I mistakenly referred to it as having been used, but he did not actually use it. He spoke. He mused publicly, about invoking the notwithstanding clause, I believe, on a contentious debate item that involved same-sex marriage at the time. He didn't use it, but he talked about using it on an open-line show.
To answer your question, with respect to every bill, every piece of legislation, every justice item that comes across my desk, there is always a view to the potential of charter implications. In fact, we have lawyers at the Department of Justice specifically tasked, as you would expect, to examine legislation particularly for charter compatibility, to ensure that we are putting forward legislation, just as judges, that we believe are in compliance with existing legislation, and that it would withstand a charter challenge.
Conservative
Liberal
Sean Casey Liberal Charlottetown, PE
Is that a yes or a no? Have you or have you not instructed Justice officials to assess or contemplate the use of the notwithstanding clause?
Conservative