Mr. Speaker, it is a pleasure to speak to Bill C-37. This bill seeks to amend the Judges Act, something which the government has put forth on a number of occasions. I will go through this bill briefly and provide some constructive solutions for the government so it can truly make meaningful amendments to this act.
The primary purpose of the bill is to increase the pay of federally appointed judges. They will receive a 4% increase both for 1997-98 and for 1998-99. Their salaries have been frozen like those of the rest of us for several years. That is a fact of life, given our fiscal restrictions. No one has any complaints about that. Our judges should be paid fairly. No one has problems with that.
Let us take a look at what the judges make here and what they make in the United States.
What are the yearly salaries for judges of the Supreme Court of Canada? The chief justice makes $163,800. The yearly salaries of judges of the federal court are as follows: the chief justice of the federal court makes $139,700, an associate chief justice makes $139,700, the 13 other judges of the trial division each make $127,700. As I said before, no one has a problem paying for competence.
Now let us look at what judges make in the United States. I will look at the salary reports in the U.S. as of January 1, 1997. The average salary of associate judges of the highest courts was $101,782. For intermediate appellate courts the average was $100,400, and for judges of general jurisdiction of trial courts the average was $91,000.
To put this in perspective, we can see that our judges make roughly one-third more than judges in the United States who have a relatively equivalent stature.
While the judges are receiving an 8% increase in their salaries, the people in our military are receiving 1.5%. There is no equity. As well, the proposals for MPs' salaries were much higher than what anybody else in the private sector would get. All we are asking for is some fairness and equity for people across this country who are being paid, in effect, by the taxpayer. In other words, one group should not get much more than other groups.
There are enormous opportunities for the government to really deal with this issue. I just returned from the United States. They have done some innovative things in California to put accountability back into the judicial system. They elect their judges, instead of appointing them. Competence is ensured through the electoral system. I will illustrate how they do this in California in the hope that the government will adopt it so we can elect judges in our country.
In California they use one election system for trial court judges and another for appellate court judges. The judges serve six-year terms and they compete in a non-partisan election. That is important. It has nothing to do with politics. It is a non-partisan election in which individuals run on what they will offer and on what they have done as judges. Anyone who gets more than 50% of the vote is declared elected.
The justices of the supreme court serve 12-year terms and are on the ballot in November every four years. There is a revolving door, with one-third of the judges being on the election ballot every four years.
Individuals from the public who will be putting their ballots forward can get information on the judicial candidates in a number of ways. They can read the local newspapers which cover the judges. They can call the county bar association. They can read the candidate's own campaign literature and evaluate the campaign literature of the judges themselves. This way the public can evaluate the judges based on what they are going to offer in the position. Again, they will be evaluated on the basis of merit.
There was a supreme court judge in California who tried to overturn this. The judge tried to strip the ability of citizens to have the power to decide whether an individual should run as a judge. Every state in the United States has a system of election and all but one, Rhode Island, has a term system of six, eight or twelve years. It does not extend for life.
Any enlightened court system has to blend executive appointments with public votes. It is probably the most sensitive way of ensuring that our judicial system is non-partisan, has merit and ensures that the people are the ones who are going to judge the people who are going to judge them if they come into a court of law.
I would ask the government to consider the suggestion of an elected judiciary. I urge the government to look at the California system. The California system also has the ability to review the behaviour of judges.
Not so long ago there were a number of court rulings that had members of the public shaking their heads. There was a man who was charged and convicted of sexually assaulting a five-year old girl. The judge gave this person an extraordinarily low penalty. His argument was that the five-year old girl was being sexually provocative by sitting on the man's lap and rubbing herself up and down on him. Five-year olds do not think that way. This was a judgment that was beyond comprehension and it let somebody who had committed a foul, egregious crime out onto the streets to probably do it again. Where was the accountability? It simply did not exist.
Competence and a continual review process has to be in place. In California they have a system whereby a judge can be reviewed when his or her behaviour has been completely out of line.
We have to ensure that the judiciary is independent of the House. Their behaviour has to be independent, but competence and accountability in what they do as individuals has to be ensured. We are all accountable in this country.
Let us look at the incredible costs that exist today in our legal system. We have a legal aid system which is costing us billions of dollars. Perhaps there is another way to ensure that people who cannot afford the system will be able to get a good, competent legal defence and a fair trial at an affordable price.
In the United States, as well as a system of crown prosecution there is a system of crown defence. People are appointed to defend a person who cannot afford to pay for his or her defence. These appointed individuals give a good competent defence as salaried lawyers within the department of justice. This works very well in the U.S. I urge the government to look at that system. Perhaps Canada could appoint public defenders to give a good, competent defence to individuals who cannot afford a lawyer.
To streamline and expedite the system is extremely important. Unfortunately I am not a lawyer. Sometimes I wish I were. However, we have a system which enables individuals to put forth constructive solutions. I have a challenge for all the good, competent lawyers who work in the trenches in the legal system. I would ask them to provide us with good constructive ideas on how we can streamline the system, to come up with a good and fair legal system, an expeditious system that ensures people get a fair trial within a reasonable time.
Right now we have such a morass that we have justice delayed and justice delayed is justice denied. Justice denied is not justice. There are ways of doing this. Let us look at those ways and ensure these changes are made to the system. My colleague for Calgary—Nose Hill mentioned an example of adjournment proceedings where they are far too lenient with how those adjournment proceedings are performed.
Crime and punishment is another situation where our party has been accused of being, for want of a better word, far too right wing on the issue. We have really been given a hard time with this. Fortunately for us it is not true.
We look at justice in two ways. We look at it in a balanced way. We say that for those people who have been proven to be a threat to society, who are a danger to society and particularly those who are violent, it is the role of the justice department to ensure that those people do not go out and harm innocent people again. Those people should be met with the full force of the law, the objective being to protect innocent people.
There is another group of people who are non-violent and perhaps there are alternative ways of dealing with them such as the use of restorative justice. There are some very good programs in my province of British Columbia where restorative justice is used to ensure that people are going to be able to pay a penalty to society, pay a penalty to the victim and also ensure that they receive the rehabilitation and treatment they require, that they do not go into the cycle of crime, punishment and recidivism that takes place in far too many cases.
There is also the issue of prevention. Many months ago I introduced in this House a private member's motion calling for a national headstart program. There have been horrible shootings in Arkansas where 11 and 13-year-olds have been charged with committing some very foul murders, and in some recent tragic situations within our own country such as the terrible murder of Reena Virk in my riding of Esquimalt—Juan de Fuca. Their history does not exonerate these individuals from their actions but at least by looking at it we will be helped to understand that the origins of crime in many of these youths start at time zero.
It has been estimated that half the people in jail suffer from fetal alcohol syndrome or fetal alcohol effects. Fetal alcohol syndrome is the leading cause of preventable birth defects in this country. These individuals have an average IQ of 68. It is preventable. We can do something about that. But it has to start at time zero. We have to identify families at risk. We have to ensure that those families receive their basic needs and the children receive their basic needs. There are programs that have done that.
The member for Moncton, from the government, has been a leader in the Moncton headstart program, a program that has been very effective at preventing children from entering into lives of crime at worst or at best suffering indignities that give them fractured psyches and make it very difficult for them to interact with society in a constructive fashion.
There is the Perry preschool program in Michigan, the Hawaii headstart program, the Montreal longitudinal study with Professor Tremblay which shows very clearly that if we are to address and prevent crime starting at time zero, when the building blocks of a normal psyche are developing, when we prevent the trauma to that developmental process, we will have a cost effective and indeed humanitarian way of preventing crime in the future.
This is how we prevent crime. The Reform Party is really taking a multipronged approach to crime. I know there are members across this House who have been working very hard, members from the NDP, members from the Liberal Party, members from the Conservative Party, members from the Bloc and members from our party, the Reform Party, who have been working very hard to develop a balanced approach to crime and punishment.
Many of us came to this House to ensue that we would have sensible proposals to crime and punishment so we can change the tide of what is occurring in our streets today. Let us not forget that with respect to youth crime the number one victims in youth crime are youth. They are the ones who have the most to lose and the most to gain from what we do in this House. They are also people who are not represented well in this House because none of them sit in this House. They are too young to be elected.
Let us do our job and ensure we can put our minds together to put forth these sensible, constructive, pragmatic and cost effective solutions to prevent crime. Headstart programs work. Let us introduce one. It does not have to be some huge sink hole of money. It can be done within existing resources.
I was in Atlanta where schools along with medical, professional and existing resources are used to make sure that basic needs are met. Parents need to know what proper nutrition is. Members would be surprised to know the number of parents who are in underprivileged situations who often had parents who did not teach them how to be parents, who do not know what proper nutrition is, who do not know what proper discipline is, who do not know what setting appropriate boundaries are for children, who do not know what substance abuse and violence do to the development of a child.
These are not just words. These are cold, hard scientific facts. The medical community has done studies and has ways to look into the brain through something called positron emission tomography which illustrates how brains work. Using a PET scanner we can see how the brain develops and how the brain is affected by various things. We can prove conclusively and scientifically that the traumas I mentioned before have a deleterious and disastrous effect on the development of that child's psyche.
We can prevent this. I hope the government uses the collective knowledge that is in this House today and all the tremendous experience and expertise in our country and in others to build these constructive solutions, work with the medical community, work with the counsellors, work with the schools and we will have a comprehensive plan to do this.
Of course it is absolutely essential that the government work with the provinces because most of the control has to be on a local basis where they can meet and fit with the needs necessary for the local community because not all communities are the same. An aboriginal community off reserve is different from an aboriginal community on reserve. It is different from a multicultural setting in urban Toronto. They are different. They have different needs but they can all be modified to address those needs.
It may be difficult to argue for it but pragmatically if we deal with the facts we will ensure that our society and our country will have a dramatic benefit in the next 10 years. The cost savings are massive.
With crime costing us $44 billion a year, even if we shave off 5% that is over $2 billion saved. Imagine what we could do with that $2 billion. We could provide tax relief to ensure that families are able to better meet their needs, strengthen our social programs, strengthen our health care system, strengthen our education system. These are cold, pragmatic arguments for this approach and it can be done.
Getting back to this bill, there are some innovative solutions to revamp our judiciary. I have mentioned them in my speech and my colleagues have mentioned it in their speeches. I hope the Minister of Justice takes these suggestions and implements them.