Justice Committee on June 29th, 2026

[Marilyn Gladu, Liberal, Sarnia—Lambton—Bkejwanong, ON]

Thank you, Chair.

Thank you to our witnesses for being here today.

I think that you have a very robust process that is independent and as transparent as it can be. You've definitely brought forward an exceptional candidate, so congratulations to you on that.

One thing I want to talk about is with respect to the process.

Ms. McTeer, you spoke of time constraints. I see that the application process was opened up for only 28 days. How does somebody who's a judge or a lawyer with 10 years of experience find out that the application process is open?

[Maureen A. McTeer]

Through the media, in a sense, you would have learned that Madam Justice Martin was stepping down, and then you'd get your computers organized to put together the long, extensive pieces of information that you would need. Some people, perhaps, had even begun that process long before.

We also know that, when you reach 75, you're going to have to step down. It also gives you an idea of when the next process, if you will, will be happening. You can begin to get your ducks in a row if you're considering an application.

Regardless, I still think more time is very important. That's one element of it. The other element, I think, is also seeking out and knowing beforehand that there are qualified people from that region who are intriguing, and perhaps not the committee itself but others who are involved in the process encourage them to apply.

[Marilyn Gladu, Liberal, Sarnia—Lambton—Bkejwanong, ON]

That's excellent.

I heard a concern from Saskatchewan that they haven't had a Supreme Court justice in, I think, 53 years. Were they open for these applications in the west?

[Maureen A. McTeer]

Yes, anyone who lived in the regions called west—as defined, the western provinces and the north—could apply. That's basically, I think, really how it should be, but again, if there is more time for people and more encouragement, I think that the Canadian Bar and the various associations should have a responsibility to encourage their members who are qualified to be applying for this.

[Marilyn Gladu, Liberal, Sarnia—Lambton—Bkejwanong, ON]

This was exactly my thought. There's an opportunity to do a better job when the applications are open of letting candidates who would be worthy know that it is. I'd be interested in your perspective on what kinds of improvements you'd like to see. How much time would you recommend for the process to take? Do you have any other recommendations having gone through this?

I would ask the same question of Mr. Giroux, who's been here for 20 years.

[Maureen A. McTeer]

We have a mandate to prepare a public report. You will have that before Parliament resumes in the fall.

I obviously have some ideas, some views, and it would startle people if I didn't, but I think, out of respect for my colleagues, that once we've had an opportunity to speak, it would be much better if those recommendations—and there will be recommendations—are part of that process once we've had a chance to discuss them. We operate by consensus, so I would prefer to respect that consensus.

[Marilyn Gladu, Liberal, Sarnia—Lambton—Bkejwanong, ON]

Absolutely.

Mr. Giroux.

[Marc Giroux]

Thank you, Madam Gladu.

I would simply state that as soon as the application process was started, as soon as the announcement was made, I personally wrote to 73 legal and judicial organizations throughout the country, including out west and up north, inciting and inviting them to encourage candidates from their various organizations to apply.

Obviously, some people may have reasons that they don't want to apply. They may not want to move to Ottawa. They may enjoy what they're doing. Out of the nine candidates that did apply.... It's not a very different number than for previous processes, and in consideration of the fact that there was one only three years ago, as well, from the same region.... People were given 28 days, which is, again, pretty much within the average of time allotted, for the most part, for previous processes.

[Marilyn Gladu, Liberal, Sarnia—Lambton—Bkejwanong, ON]

That's excellent.

Just quickly, from a diversity perspective.... You spoke of how the checkboxes work. You spoke of how we need to have a diversity of experience in different areas of the law. Are there any guidelines for the advisory councils to use to make sure that we do have a balanced Supreme Court?

[Maureen A. McTeer]

Not that I'm aware of.

Do you know, Mr. Giroux?

[Marc Giroux]

I would simply state that the appointments are, first of all, made on the basis of merit. However, within the criteria that are set for the independent advisory board, diversity is one. Obviously, the court should reflect, as much as it may, Canadian society—not only the Supreme Court but all of the superior courts across the country. Steps have been made, and that is more of a reality now.

[The Chair, Liberal, Iqra Khalid]

Thank you.

Thanks very much, Madam Gladu.

Mr. Fortin, please go ahead for two and a half minutes, sir.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Madam Chair.

Minister, as I was saying earlier, we saw that the choice of candidate ultimately rests with the Prime Minister, who will also appoint the members of the advisory board. It seems that the process happens behind closed doors.

However, as our colleague Mr. Maloney said earlier, I agree on the importance of the credibility of the justice system. It is important for people to trust the courts. I've often said that, in my opinion, the justice system is the backbone of any society. One thing I deplore is the debate that is currently before the courts on judicial compensation. In my opinion, it does a disservice to everyone, but that is not what I am trying to get at.

Given the importance that must be given to the judicial system, and given that the system is behind closed doors and that there isn't really any debate, don't you feel it would be appropriate, Minister, to proceed differently? After seven years of using the current system, couldn't it be reviewed? We could hold debates in Parliament beforehand or consult the provincial governments, but we need to find a way to bring it into the open and involve more people in the selection process.

[Sean Fraser, Liberal, Central Nova, NS]

In my opinion, the process works and produces excellent candidates. That's a good thing.

You also touched on another issue.

In English, the phrase is “closed doors”. The exercise that we're going through now—keep in mind that the appointment hasn't been made—is an act of public accountability and transparency in the decision-making process, which is a far cry from having the process completely finished before there's an opportunity for anyone to raise concern. I would always entertain ideas on how processes could be improved. I worry sometimes that taking things to a debate that must be adopted in the House could potentially turn what has historically been an independent process into a very political one. However, if there are other ideas, I would not suggest that the process can't be further improved.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

With the few seconds I have left, I want to turn to Ms. McTeer, if I may.

Ms. McTeer, regarding the report you were talking about earlier, do you have an idea of when it should be released?

[Maureen A. McTeer]

Apparently, it will be within a month or six weeks.

We all have super busy summer schedules, as you can see.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

I have no doubt about that.

Thank you.

[The Chair, Liberal, Iqra Khalid]

Thank you, Mr. Fortin.

We'll now move on to Mr. Brock for our last five minutes.

Please go ahead.

[Larry Brock, Conservative, Brantford—Brant South—Six Nations, ON]

Thank you, Madam Chair. I'll be sharing my last two and a half minutes with Mr. Lawton.

Minister, were you and the Prime Ministerad idem with respect to this justice who has been chosen?

[Sean Fraser, Liberal, Central Nova, NS]

When I give advice to the Prime Minister, I view that to be his information to share or not share. I can tell you that I'm very comfortable with the selection that he's made in this process.

[Larry Brock, Conservative, Brantford—Brant South—Six Nations, ON]

Thank you.

Ms. McTeer, in the example I previously provided to the minister, Justice Joyal's application in 2019 was ultimately rejected because Justin Trudeau found something offensive in a public statement. What would have happened in this particular case if the Attorney General had made a recommendation for Justice Joyal and Prime Minister Carney rejected it? Would that have ended that particular candidacy?

[Maureen A. McTeer]

I don't see why not. The Prime Minister, as it has been stated by many of you, is the final arbiter in this. Our job was to present the best options.

[Larry Brock, Conservative, Brantford—Brant South—Six Nations, ON]

He has the right to veto.

[Maureen A. McTeer]

I should think so. Yes, he has the right to do it, even if he doesn't like what we have done.

[Larry Brock, Conservative, Brantford—Brant South—Six Nations, ON]

This is the last question for you, Ms. McTeer.

I often lament the forced retirement of Justice Michael Moldaver, whom I have always viewed as the dean of criminal law in this country. When I was a practising Crown attorney, I routinely referred to some of his decisions at various levels of court.

Was there a specific need during the consultation process to find a candidate with superior criminal law and constitutional experience? It would appear, according to the bio of this particular justice, that he certainly fit that bill.