Madam Speaker, I have been listening to the debate so far and primarily to the speech by the hon. member for Prince Albert-Churchill River. The speech that he read sounded to me as though it was a speech written by the Minister of Justice who did not feel it important enough to show up here to read it himself. That being said, looking at the content of the speech, he urged us to deal with this amendment quickly, that we should rush it through in order to facilitate the government's agenda. I wonder why the rush.
As has been pointed out, there is a problem with Madam Justice Louise Arbour, a justice of one of the superior courts in the province of Ontario, who is currently on international assignment. I believe the rush is to legitimize her current assignment.
Section 55 of the Judges Act states:
No judge shall, either directly or indirectly, for himself or others, engage in any occupation or business other than his judicial duties, but every judge shall devote himself exclusively to those judicial duties.
We know that Madam Justice Louise Arbour is not devoting herself to those judicial duties. She is in actual fact working abroad for the United Nations. She has accepted an appointment from the United Nations. Hence the rush by the government.
Also when we listened to the speech this morning, we learned that the Senate had a problem with Bill C-42. As the hon. member for Prince Albert-Churchill River stated, in order to get this bill through quickly and in order to legitimize Madam Justice Louise Arbour's current dilemma of not being exclusively devoted to her duties, the government amended the bill in the Senate and that amendment is now back in the House for debate.
The member spent some time talking about that amendment. However, the interesting thing is that there are two amendments, not one but two amendments. If I heard the member correctly, he did not mention that there were two amendments. He only dealt with one amendment.
Let me read the first amendment which the other House has sent back for our consideration:
- Page 1, preamble: Strike out line 1 and substitute the following:
Whereas the Canadian Judicial Council has been consulted with respect to certain provisions of this act, particularly section 5, and agrees with the purpose of section 5;
The Canadian Judicial Council is made up of the chief justices and is chaired by Chief Justice Lamer of the Supreme Court of Canada. That is the highest court in the land and he is the highest judge in that court. Perhaps it is not unusual for them to pass judgment on legislation before it becomes law, but obviously the minister, in the other House, in order to push this legislation through as quickly as he could, decided to introduce this new preamble which says that the judicial council, which is chaired by Chief Justice Lamer, agreed with this particular section of the bill and indeed agreed with the entire bill.
I want to deal with the appearance of independence and integrity. For the record, we all know that Chief Justice Lamer is a man of integrity. His reputation is not being disputed in any way, shape or form. However, I am calling into question very much the fact that the Minister of Justice has put the chief justice in a very awkward position by putting this preamble in the bill in the other House and which is now being debated here.
Why? Quite simply, clause 3 of Bill C-42 confers a benefit on the chief justice and his spouse, who also happens to sit on the federal bench. As far as we are aware, clause 3 of Bill C-42 confers this benefit on the chief justice and his spouse alone. We have heard the Minister of Justice say there is one other couple but he has not divulged their names. Therefore, we are not sure if there is another couple. If there is another couple there is a maximum of four, but we do know that there are two. The chief justice and his wife benefit by clause 3 of section 2 and could very well benefit to a substantial degree.
The Minister of Justice has written to the chief justice of the supreme court asking: "What do you think of Bill C-42? Do you like it?" He reads Bill C-42 and there is section 3 conferring a benefit upon himself. What is he supposed to do? He is put in a most difficult and compromising position, courtesy of the Minister of Justice who wrote to him asking what he thought of Bill C-42. The integrity of the chief justice of the supreme court has been
compromised by this preamble and this preamble is here by the choice of the Minister of Justice.
The point is that the independence of the judiciary is being slighted in the worst way in this odious amendment. And I do say odious amendment because what was the chief justice to say? He could either concur with the bill and accept the benefit which was within the bill. Perhaps he agreed with clause 5 because of the benefit. I hope not. As I said, he is a man of integrity and I would not question his integrity. But I do question very much that the Minister of Justice has placed him in this position. That is why this particular amendment must be defeated. If we have any semblance of respect for our judiciary, this amendment must be defeated.
This morning I rose on a point of order regarding the fact that by this amendment this is now a hybrid bill, a public-private bill because of the fact that Madam Justice Louise Arbour is being specifically mentioned in the amendment.
If I can go back to my point on the situation of the chief justice being dragged into this bill, I would like to quote from the Alberta Report of October 28, 1996, page 27. Professor Morton from the University of Calgary was speaking to the Senate committee regarding this bill. It reads:
Professor Morton instructed senators at length on the importance of judges appearing impartial. The Supreme Court ruled in 1984 that impartiality means the "absence of bias, actual or perceived". Earlier this year, the Canadian Judicial Council of which Mr. Justice Lamer is the titular head, said the relevant test of improper conduct by a judge is whether "public confidence would be sufficiently undermined" by it".
Comments recently retired University of Toronto political scientist Peter Russell: "It is very troubling that a main beneficiary of the change is the chief justice. That raises questions of whether there was any communication between him and the government. I think the public deserves some answers".
That was prior to the amendment to the preamble. Now we know there has been communication with the chief justice and this perception is now a very, very difficult situation.
Returning now to Madam Justice Louise Arbour, I mentioned this morning the fact that Madam Justice Louise Arbour's exemption from section 55 of the act is rightly the matter of a private bill. Again I quote the Alberta Report of October 28, 1996, page 27:
Madam Justice Arbour sought and won the UN job herself. Then Mr. Rock agreed to amend the Judges Act to allow judges to take unpaid leaves of absence
If that is not a petition by an individual, a person to have an exemption from the law, I do not know what is.
I quoted a ruling by a Speaker in the other House and I will quote a bit of it again: "A public bill relates to a matter of public policy, while a private bill relates to a matter of particular interest or benefit to a person or persons. A bill containing provisions which are essentially a feature of a private bill cannot be introduced as a public bill. A bill designed to exempt one person from the application of the law is a private bill and not a public bill".
It is fairly obvious from reading the Alberta Report . That Madam Justice Louise Arbour sought and won the appointment by the UN herself and then got the concurrence of the Minister of Justice to introduce an exemption to allow her to obtain the position seems to be a rather odious way of exempting a person from the Judges Act. Independence and integrity are very much being called into question here.
I am looking at Beauchesne's citation 1055 which talks about private bills demanding "peculiar vigilance, lest public laws be lightly set aside for the benefit of particular persons or places". The way that the contents of this bill, which are the appropriate subject matter of a private bill, are being passed is certainly not in a vigilant process.
Therefore I move:
That the motion be amended by deleting all the words after "that" and substituting the following therefor:
a message be sent to the Senate to acquaint Their Honours that the House disagrees with the amendments made by the Senate to Bill C-42, an act to amend the Judges Act and to make consequential amendments to another act, since Amendment 1 places the Chairman of the Judicial Council in a conflict of interest and Amendment 2 has negatived the original intent of Bill C-42 to amend public policy and now introduces a waiver to s. 55 of the Judges Act for Madam Justice Louise Arbour, which according to the House of Commons rules and practices is properly the subject matter of a private bill and thus should not be inserted in a public bill.