Mr. Speaker, we are now dealing with amendments brought forward in group No. 5, Motions Nos. 21 and 22, in relation to Bill C-61, the agriculture and agri-food administrative monetary penalties act. I appreciate the opportunity to address the matter.
The purpose of Motions Nos. 21 and 22 is to change the process of appointing members of the review tribunal by having the governor in council appointments approved by an agriculture related committee of the House of Commons before the appointments are effective.
A point that should be made with regard to this matter is similar to one made in relation to an amendment brought forward by the Reform Party that the current appointment process and the one in
the present bill and as stated by the Minister of Agriculture and Agri-Food is a tried and true process, one approved of by the courts. The courts posses the ability to ensure that all decisions are according to the administrative law of the land.
It is proposed that an agriculture related committee approve the people who are put forward to sit on these tribunals to hear disputes between the regulators and those who may have run afoul of various agriculture and agri-food regulations pursuant to a number of acts. What is being proposed is going to make the procedure more cumbersome. The whole intent of the legislation is to find efficiencies in the way the government does business, to make the process cheaper, to ensure that the rules of fundamental administrative justice can be achieved and that it is balanced with administrative ease.
In my view, the proposal adds to the cumbersome nature of the appointment process. The time required to deal with the appointments will be increased. The committee could refuse to recommend any of the incumbents to these positions thereby effectively preventing these positions from being filled.
It is also important to say that this represents a move toward a more American style hearing process for the approval of various appointments to positions.
If we look south of the border we see these monstrously expensive, cumbersome processes to appoint various individuals. These individuals are subject to such scrutiny, they are basically put in a position where they are unable to defend themselves from the most vicious, partisan types of attacks.
This takes away from the dignity of a person sitting on a quasi-judicial body. It makes it difficult for people of good quality to want to subject themselves to this type of situation. Even if they are good people and are willing to submit to this type of interrogation and partisan attack on their credibility, whether they make it through the process or not, they will not be what is needed to maintain the respect of both the government regulators and the people who have run afoul of various regulations in various agricultural statutes.
There are a number of reasons why I am opposed to these types of situations arising. The situation we have now is tried, it is true. It has been upheld by the courts as a method of approving these people. It takes away from the partisanship which could really detract from the dignity of the process, the dignity of the office of the person participating and assisting the country.