Madam Speaker, as you know, appointments to the Supreme Court of Canada are made by the governor in council. Puisne judges as well as the chief justice are appointed on the recommendation of the Prime Minister in consultation with the Minister of Justice. In the process leading to an appointment, senior members of the bench and the bar are consulted. While there is no formal involvement of provinces in the selection of the judges, the province from which the appointment is made is consulted as well.
This selection process has produced excellent results in the last 122 years, by allowing for the appointment of highly qualified jurists. However, since the adoption of the Canadian Charter of Rights and Freedoms, the bench, and particularly the supreme court justices, have become the interpreters and protectors of the values enshrined in the charter.
Canadians now show an increasing interest for the judicial function and for those who fulfil that function. Consequently, it is important to make sure that those appointed to the bench are receptive to the values reflected in the charter.
As she said on the appointment of Mr. Justice Bastarache, the Minister of Justice is open to expanding the consultation process leading to the identification of qualified candidates for a position with the court.
Unfortunately, because of the untimely death of the late Mr. Justice Sopinka, just a few weeks after the appointment of Mr. Justice Bastarache, the Department of Justice has not yet had the opportunity to closely examine all the possibilities.
In any case it is very clear to the Minister of Justice that Canada should avoid the adoption of a U.S. style confirmation hearings process which has too often become a sideshow in which reputations are routinely destroyed by opposing politicians' intent on scoring political points.
Let me assure this House that this government—