Justice Committee on April 21st, 2016

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Fair enough.

Carrying on with the concept of independence, the more independent we make such a body from government, the harder it is to make it accountable. Who do we make it accountable to?

Considering also that we are possibly expecting government to fund this on an ongoing basis, it puts independence into question on that basis as well.

There have been some witnesses who have raised concerns about reinstituting this program, because they perceive bias in the selection process. Would you like to comment on those concerns, the bias as well as the independence?

[Graham Fraser]

I have not been aware of bias. Certainly, some of the people who are challenging the idea of creating a new Court Challenges Program are people who challenge the rights discourse.

The charter itself was not without controversy when it was introduced. There were distinguished public figures at the time of the debate around the charter, in the fall of 1980, who argued that the very creation of the charter would undermine Parliament. The Premier of Manitoba, on the right, and the Premier of Saskatchewan, on the left, both very articulately made that case at the premiers' conference in the fall of 1980.

I would look at the background of those people who are arguing bias and ask what their views are on the outcome of those equality rights cases before the Supreme Court. Those were people, in my experience, who were challenging the jurisprudence. I don't dispute in any way their right to challenge the jurisprudence of the Supreme Court on article 15, or articles 16 to 23, but I don't think that debate should necessarily colour your discussions on the creation of a new Court Challenges Program

[The Chair, Liberal, Anthony Housefather]

Thank you very much.

We have now run out of time.

I want to thank you, Commissioner, for coming before us today. I want to thank you as well, Madam Tremblay, for coming before us today, and I wish everybody a wonderful day.

The meeting is adjourned.