Justice Committee on June 29th, 2026

[Maureen A. McTeer]

We do that element based on the applications, our reading and our question and answer session. The rest of it is done by the Mounties. It's done by those who have authority to do that kind of check.

[Anthony Housefather, Liberal, Mount Royal, QC]

I have one final question, if I may, Madam Chair. It's very short.

Mr. Minister, again, in the United States, there are often presidents who say that they must have an originalist, or there is a prime minister that might say they need somebody who embraces the living tree doctrine, or they must have a strict constructionist.

Can you assure us that you did not put any kind of litmus test on the philosophy of the judge whom you would have recommended?

[Sean Fraser, Liberal, Central Nova, NS]

I will entirely endorse that perspective. I've put no such pressure on anyone through the process.

I will just make a comment to complete the answer. Some of the most beautiful things about the country in which we live are invisible to those of us who call it home, but when you start talking to people from around the world and they look at the protections that we have in place for our democracy, for our courts, for the independence of the judiciary and the rule of law more broadly, they blush with envy. Try attracting investment to a country where the judges are in the government's back pocket. It's not going to happen.

We are very, very lucky to call Canada home, sometimes in ways we don't appreciate day to day.

[Anthony Housefather, Liberal, Mount Royal, QC]

Thank you, Madam Chair.

[The Chair, Liberal, Iqra Khalid]

Thank you very much, Mr. Housefather.

We're going into our third round of five minutes, starting with Mr. Gill.

[Amarjeet Gill, Conservative, Brampton West, ON]

Thank you, Chair, and good morning, everyone.

Thank you, Madam McTeer and the entire panel, and my thanks to Justice Martin for her service as well.

Minister, you have acknowledged the alienation of both Quebec and Alberta before. Do you think the judiciary reflects the values and wants of those provinces?

[Sean Fraser, Liberal, Central Nova, NS]

Do you mean the judiciary more broadly or the Supreme Court of Canada? Because the answer is different.

[Amarjeet Gill, Conservative, Brampton West, ON]

Do you think the judiciary reflects the values and wants of those provinces in the Supreme Court of Canada?

[Sean Fraser, Liberal, Central Nova, NS]

Yes, but I think we can always improve. Look, I've been on record in the House of Commons talking about the importance of regional representation on the Supreme Court of Canada since my very first year as an MP, now more than a decade ago. This is something that I care about.

I think it's essential, when we deal not only with Alberta but with western Canada, that different parts of western Canada see themselves represented on the court. I'm thrilled for Manitoba to be seeing this appointment, but we can't assume just because we have a person sitting on a bench that the values of an entire province or region, which are not monolithic in nature, by the way, are going to be represented perfectly in any one individual.

We have to be vigilant as Canadians to make sure that we consistently consider the perspectives of people who live in different parts of the country and, wherever we can, move forward with policy decisions that are going to serve their interests. I think the court has a role to play in that regard as well.

[Amarjeet Gill, Conservative, Brampton West, ON]

Will you work with the provinces to give them greater say over judicial appointments?

[Sean Fraser, Liberal, Central Nova, NS]

With the two provinces you mentioned, I've had some significant conversations about what role the provincial government may play. I'm not interested in pursuing a constitutional amendment today during Mr. Joyal's nomination hearing. However, if there is a deeper degree of consultation that we can work with, that's something that I have been engaged with, and I would happily continue those conversations with my counterparts in each province.

[Amarjeet Gill, Conservative, Brampton West, ON]

Mr. Joyal seems committed to ensuring that Parliament has a greater say on constitutional issues. Are you committed to that too?

[Sean Fraser, Liberal, Central Nova, NS]

Parliament obviously has a significant say on matters of constitutional importance. I wouldn't suggest that Parliament has a diminished role today. That is the only issue I take with the way you framed the question.

[Maureen A. McTeer]

I just want to quote the chief justice here because this concern between the political and the judicial is, I find, almost sometimes a non-argument. He said, “Ultimately, Parliament is sovereign. They make the law—judges and the courts interpret the law”, and they are required, with respect to the Constitution, to interpret it. That mandate was given to the courts by Parliament, so you can agree or disagree, or you can change the law. There are elements.... Parliament remains sovereign.

[Amarjeet Gill, Conservative, Brampton West, ON]

Minister, do you think the judiciary accurately reflects the views of Canadians?

[Sean Fraser, Liberal, Central Nova, NS]

I wouldn't say the views of Canadians are unanimous on any given issue, but I think over the course of our history, the Supreme Court has played an important role that largely aligns with the values of the vast majority of Canadians I've met over the course of my life.

[Amarjeet Gill, Conservative, Brampton West, ON]

I have another question for Madam McTeer.

Canadians must have complete confidence that Supreme Court appointments are based on merit, not politics. Can you state confidently that the Prime Minister's Office had no influence over the recommendations?

[Maureen A. McTeer]

I think people would be hard-pressed to call me a Liberal Party hack. Also, in terms of our independence, we had no discussion whatsoever with the minister or with the Prime Minister or any member of any political party, quite frankly. We were independent. We were an advisory group, and that's how we acted.

[Amarjeet Gill, Conservative, Brampton West, ON]

You just mentioned that merit was the only criterion. What measurable qualities made Justice Joyal the outstanding candidate over every other candidate?

[Maureen A. McTeer]

In a judicial sense, those merits are the longevity and the importance of the cases that he had, in fact, heard and presided over in Manitoba as chief justice, his knowledge of the law and his in-depth and really far-reaching understanding of the role of the court as it relates to the needs of Canadians but also respecting, if you will, the sovereignty of Parliament. He is fluently bilingual. He has travelled the world. He is a knowledgeable person. He is a good guy. I guess that is how they refer now to a man of integrity. Those bases alone are enough, I should think.

[Amarjeet Gill, Conservative, Brampton West, ON]

Have you ever received indirect or direct guidance from ministers, political staff or the Prime Minister's Office regarding the type of candidate they wanted, yes or no?

[Maureen A. McTeer]

No.

[The Chair, Liberal, Iqra Khalid]

All right. That was a wonderful exchange right there.

[Maureen A. McTeer]

Aren't you proud of me?

[The Chair, Liberal, Iqra Khalid]

I am so proud of you.

Now we'll move on to Madam Gladu for five minutes.