Thank you very much, Mr. Chair.
Honourable colleagues, to begin, I would like to acknowledge that I am speaking to you today from the traditional territory of the Algonquin Anishinabe people. I would also like to thank the chair and members of this committee, here and virtually, for convening this special session in late August. I would also like thank the Honourable Wade MacLauchlan, chair of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments, for joining us today.
It's a great honour for me to speak to you in support of the nomination of the Honourable Justice Michelle O’Bonsawin, a nominee for the Supreme Court of Canada. I am confident that she will serve Canadians exceptionally, upholding the court’s highest ideals in guiding the evolution of Canada’s laws. I offer my heartfelt congratulations to Justice O’Bonsawin, and I look forward to her appearance before parliamentarians this afternoon.
This is the fifth time our government has followed the process implemented by the Prime Minister in 2016 to appoint justices to the Supreme Court of Canada. This is the third time we are doing it since I took office as Minister of Justice.
Two points come up when I think about this process.
First, the process produces exceptional justices who have brought to the court not only undeniable legal excellence, but also a rich humanity and a deep understanding of diversity in Canada. The appointment of those jurists has broadly been commended by all parties, across the legal community and the general public.
Second, and perhaps even more important, is the confidence that Canadians have placed in the process itself.
As the committee members are well aware, public confidence in our courts and the justice system is a precious commodity, one that must be subject to constant vigilance.
Particular vigilance is required when it comes to the selection of a nation's Supreme Court justices. How that is done can greatly affect public confidence, for better or for worse.
On this front, we can be proud of a process that incorporates values and elements that the public can trust, a process that is free of partisanship and that relies instead on rigorous assessment by an independent board. Adhering to this process, vacancy after vacancy gives Canadians confidence that the government is clearly committed to the values the process enshrines. This provides stability, which I believe strengthens the court and the public’s confidence in it.
In global times of conflict, polarization and the erosion of trust in democratic values, it is more important than ever to commit to processes, such as this one, that are fundamental to strengthening our democratic principles. Processes that are understood and respected by the broad Canadian public allow us to peacefully thrive in our diverse society. In light of this, I want to thank you, the members of this committee, for your contributions and support of the process.
Before describing the process in a bit more detail, I would like to take a moment to express my sincere gratitude, on behalf of all Canadians, to Justice Michael Moldaver, who will be retiring from the Supreme Court next Thursday. His contributions to the criminal law are unparalleled. His wisdom and collegiality have brightened the Supreme Court for almost 11 years.
Justice Moldaver has led a career marked by a deep commitment to justice and fairness and to a justice system that the public can understand and trust. His contributions to the Supreme Court, to our jurisprudence and to our justice system have been monumental.
It is with deep gratitude that I thank Justice Moldaver for his service and wish him much joy in his retirement. I wish him all the best and success in all his future endeavours.
I would like to get back to the selection process by noting that candidates must demonstrate not only legal and professional excellence, but also show how their lived experiences have shaped their understanding of Canadian society in all its diversity. The process requires that candidates be assessed against the transparent, merit-based criteria by an independent advisory board of highly qualified individuals.
This board is at the heart of the selection process. I am delighted to be joined today by its chairperson, the Honourable Wade MacLauchlan.
I'm also grateful to the individuals who have worked with Mr. MacLauchlan as members of this independent advisory board.
These members are appointed not only by the government, but also by organizations that are committed to preserving the rule of law and looking after the interests of Canadian society. These organizations are the Canadian Bar Association, the Federation of Law Societies of Canada, the Canadian Judicial Council and the Council of Canadian Law Deans.
Earlier this year, the mandate order in council for the advisory board was amended to expand the independent advisory board to include a member nominated by the Indigenous Bar Association. This change flows from my mandate letter commitment to work with stakeholders to encourage indigenous persons to join the bench. I am grateful to the Indigenous Bar Association for its support in this process.
The composition of the independent advisory board ensures that the judicial selection process mirrors a critical aspiration for the Supreme Court itself—that it truly reflect our society and be a place in which Canadians can see themselves and their life experiences represented.
Prime Minister Trudeau launched the current selection process on April 4, 2022. The Independent Advisory Board for Supreme Court of Canada Judicial Appointments has been tasked with recommending three to five candidates who are of the highest possible calibre, functionally bilingual and representative of Canada's diversity. In keeping with the long-standing practice of regional representation on the court, this selection process was open to all qualified candidates from Ontario.
Interested candidates had until May 13, 2022 to submit their applications. The independent advisory board reviewed all applications submitted against public merit criteria.
This review included consultations with the Chief Justice of Canada, references and interested parties, as well as meetings with some candidates. The board conducted its work in a confidential manner, as required by its mandate and confidentiality agreements with each member.
At the end of this review, the independent advisory board provided the Prime Minister with a report on the short-listed candidates.
I was then consulted on the short list to provide my advice to the Prime Minister. I consulted with chief justices—including the Chief Justice of Canada—the Attorney General of Ontario, cabinet colleagues, opposition justice critics, members of this committee and of the Standing Senate Committee on Legal and Constitutional Affairs, as well as distinguished members of the bar.
The Prime Minister then made his final selection.
I would now like to turn to Wade MacLauchlan to speak to the process from his perspective. I will then return to say a few words about the nominee.
Wade.