Mr. Speaker, I am pleased to rise in the House today to speak on the Senate amendments to Bill C-37, an act to amend the Judges Act and other consequential acts.
It is nice to see the upper chamber bringing forth amendments that we believe will only benefit this bill. This is further proof that the other place continues to play a vital role in Canadian politics. It is also proof that although the Liberal government likes to ram bills through with little consultation, it does not always work.
Nevertheless, our party is encouraged by the provisions contained in Bill C-37. These amendments will improve the independence, the objectivity and the effectiveness of the salary and benefits commission process.
Clause 6 of the proposed amendments will for the most part strengthen the judiciary. For example, the need to attract outstanding candidates to the judiciary will not only enhance the credibility of the judiciary but it will also enhance the process.
The Progressive Conservative Party is encouraged by the provisions which make the appointments less bureaucratic and more democratic.
This commission will consist of three people, of which one will be appointed by the Minister of Justice. The other would be appointed or nominated if you will, by the judiciary, while the chair would be named by the two previously mentioned.
I stand by my remarks from last March when I first spoke on this bill. I believed then as I do now that a better, more accountable way of appointing people to this committee would be to enable the Standing Committee on Justice and Human Rights to nominate a member to sit on the commission Such a process would not only improve the transparency, but it would also eliminate some of the patronage that goes on during these appointments.
As for the deletion of section 45 of the act, the joint and survivor provisions, it will rightfully entitle the respective provincial governments to handle the salary and benefits situation as it relates to spouses according to the province in which the judge respectfully works.
An example of this is in Quebec where common law marriages are not recognized. Should Quebec judges be penalized for working in Quebec? No, they certainly should not be. This amendment will ensure equality for all judges right across the country as it relates to their place of work and residency.
By keeping central control in the confines of the provincial government, we believe it is more practical to apply a case by case process as it pertains to individual judges. Narrowing the scope eliminates the possibility for difficulty and confusion down the road. This legislation has invoked a great deal of passion and provocative commentary within the House, and to some extend a great deal of righteous indignation on the part of some.
It is important to focus on the role of judges and the important tasks they are charged to perform. We have previously debated the important question of the separation of power in society. My party strongly believes judicial independence is the cornerstone of our democracy. There is no question that we as parliamentarians may not always agree with a court's decision, but it is our job to respect and uphold the system in place for the good of the country and the citizens we represent.
However, it cannot be stated strongly enough or with enough emotion the importance of having our judges remain independent of the elected body. We as parliamentarians are elected as opposed to appointed judges. A balance needs to be struck to eliminate the practice of governments, in particular majority governments, using heavy handed measures the judiciary is called to investigate.
My party is comfortable supporting the amendments brought forth today because they give guidelines to the commission that will ultimately strengthen the judiciary and present guidelines for the way salaries are set. Furthermore, we believe in an independent commission setting the judges' salaries. The provisions regarding spousal pension benefits are nothing but beneficial to the law and the process. Therefore I would ask that the other parties here today agree to the amendments brought forth.