Sometimes when we do not understand what is going on it is better to vacate.
In Montreal last July two teens were sentenced to three years each in enclosed custody and two years of supervision after pleading guilty to reduced charges of second degree murder in the brutal killing of an elderly couple. The judge described the killings of the elderly couple as senseless and despicable. In delivering the sentence he also forbade those two young fellows who killed the elderly couple from possessing firearms and explosives for five years. Now is that not a dandy? In another two years they will be able to have explosives.
This country has seen it all. I am very concerned, as are my colleagues, about the relevance of politics in the judiciary today, the consequences of which are bad judicial decisions. Bill C-42 is doing just that. It will create bad judicial decisions. What do we do about it?
We heard about the judges who used cocaine and booze as an excuse for murder. Psychotic killer Michael Kruger got a few thousand dollars for being inconvenienced during a labour dispute in a prison. The judge said he was "inconvenienced for denial of showers, therapy and a swimming pool". That is kind of sick.
Now that I have told the House what some of the problems are, what are the solutions?
The two most important qualifications of judicial appointments in this country must be knowledge of the law and integrity. They should not be who you know, whom you work for and what political party is in power.
Lawyers must always be examined before their appointment to the bench. They should be examined on their competency in the areas of law where they will be making the decisions. If they fail, they should not be appointed. We must end political appointments, not begin them with Bill C-42. We must end them.
There has to be more predictability in sentencing in this country.
There has to be a continuous testing, or time limited appointments on the judiciary. The names of candidates for judicial appointments should be made available to the public with their background information. Who they know, who was in the last corporate boardroom, and who raised money for the campaign should not enter into it. The justice minister should not be making legislation to make it convenient for an appointment.
There should be a national code of conduct and conflict of interest rules for judges. I am not dreaming this up. This came from a report commissioned by the Canadian Judicial Council. Was it done? No. The judicial council said that disciplinary hearings against judges should be open to the public. And why not? What is wrong with that? Except it does not fit in with the mode of being involved with a political appointment or the politics of the issue.
For absolutely certain the mandatory retirement age of judges should be lowered from 75 years to 65 years as a minimum. I think it should be lower.