Madam Speaker, I am glad to have the opportunity to raise my concerns regarding the answer I received to my question of December 3, 1997.
At that time I asked the justice minister how the next supreme court justice could be put through a more appropriate public examination for the appointment process. The minister simply replied that she was willing to consult with Canadians who were interested. But this statement clearly indicates that the minister was not willing to bring forward a defined process of choosing a supreme court judge.
The minister stating that she is willing to consult simply means that the minister is not bound by any public input. The minister's reply to my question was out of touch with Canadians.
I ask, in appointing the supreme court justice, what specific consultations did the minister do? Did the minister travel from coast to coast asking Canadians what kind of judge they wanted? Exactly what kind of sociological advice did the minister receive in making the appointment? If the minister consulted with the provincial attorneys general, the chief justice, law societies and the Canadian Bar Association, does the minister believe this was adequate?
If the system has supposedly worked fine for 130 years, then why would former supreme court Justice Gerard La Forest comment that the Canadian process needs reform and that his replacement should be appointed only after a public review process has taken place? Did the minister not consult with former Justice La Forest?
In the United States the president nominates candidates to their supreme court. However before any person is able to take a seat on the bench they must appear before a Senate committee where their experience is tested, anything from their personal life to political views. In the United States they understand that these things are relevant for future quality decisions. To date, 12 nominations have been rejected and 17 have been withdrawn.
The public process has merit. Should we not want the absolute best judges to make rulings in our highest court? Do we not want to raise the public esteem of the court?
It is evident that who does the deciding is just as important as what is being decided at the court. The time is now for this government to open up the process to allow the public to have a say in who is to be chosen.
The appropriate public examination needed includes a forum for all Canadians to participate. I am suggesting that the process look similar to that of the United States. For example, our Standing Committee on Justice and Human Rights has the capability to review appointments of chairmen to the National Parole Board, the RCMP and CSIS just to name a few. Why would it be so difficult to set up a process for supreme court judges? On the other hand the Senate could hold ratification hearings.
In conclusion, I want to make it clear that Reformers are not implying that newly appointed supreme court judges are incapable or incompetent in any way. What we are saying is that the process to find replacements must change and must be modernized.
Canadians want change. Provincial justice ministers want change. Former supreme court justices want change. Why is the minister ignoring these pleas? The government even says that it wants change and then nothing happens. It is like the Young Offenders Act issue since 1993.
It is widely expected that before the end of this year two more justices will step down. A responsible minister would work on changing the process right now. Will the next appointments be made the same old way, or will the minister give way to the public's wishes and do the right thing?
Among the varied screening processes there needs to be a vigorous public accountability threshold to maintain the integrity and public regard for our highest court.