Mr. Speaker, I am pleased to rise to continue debating Bill C-37, at this time on Motion No. 2 put by my colleague, the hon. member for Crowfoot. It would amend the bill to require that a report of a commission established to review judicial compensation would require a hearing at presentation with discussion, debate and the appearance of witnesses at committee, presumably the Standing Committee on Justice and Human Rights chaired by the hon. member who just preceded me.
That hon. member said during her remarks that already there is provision which can allow for reports of this nature to be tabled at committee and to be discussed at committee and commented on by witnesses. That is at the discretion of the government. The report need not be tabled at committee. It only is tabled at committee if the government decides that it should be tabled at committee.
What we are seeking to do through Motion No. 2 is to require full public scrutiny and transparency of reports of this nature so that the people who are paying the bills have a chance to comment on them at committee stage. It is entirely different from the status quo arrangement to which the hon. member opposite referred.
This really begs the question, whenever we have an opportunity to broaden parliamentary scrutiny of matters of this nature, why is it that the government is always opposed? Why does it always oppose greater parliamentary scrutiny? These people when they were in opposition were the great champions and heroes of parliamentary scrutiny, democracy and transparency in such matters.
Whenever a motion such as this one is brought forward on a bill of this nature the government members always predictably oppose it. I ask why. What are they trying to hide? Who would be harmed? What damage would be done to parliament, to the government's agenda, to the independence of the judiciary were reports of this nature on judges' compensation to be tabled and heard with the comment of witnesses at committee?
I submit that no damage would be done. The only damage that could be done would be to the government's ability to control the agenda and to sweep these things under the carpet. That is why the government is opposing it.
Let me be consistent because we are going through a similar exercise right now. By way of analogy, the Parliament of Canada Act requires that after a general election a commission be appointed by the Governor General in council to review indemnities and allowances for members of parliament. This was followed of course by the government.
Following the election the government appointed the Blais commission, three independent Canadians to sit on a commission to review MP compensation. This commission reported back to parliament but the hearings were held in camera without the appearance of witnesses.
Now we have a report tabled by the committee on procedure and House affairs which has not had public scrutiny or input. An independent commission is set up that reports but with no public comment, no opportunity for public scrutiny, no opportunity for witnesses to appear. Then a report is tabled in this place and presumably will be passed.
I have a serious problem with this procedure, not just as it affects judges but also as it affects MPs or anybody else in the public sector. When we are discussing raising compensation for people from the public purse, in a sense taking money from taxpayers, using the coercive power that we wield in this place to levy taxes on people, to pay additional compensation to ourselves or to others such as judges, that ought to be done with the greatest of possible public scrutiny.
That is precisely what Motion No. 2 seeks to do with respect to Bill C-37. I really wonder why the government is opposing this. Once again, it raises the whole question not just of the compensation of judges but of the lack of transparency in the manner through which judges are appointed.
Canada is probably the only one of the modern democracies that does not allow for candidates for the judiciary to first be screened by, questioned by or to testify in front of members of the national legislature.
We know that our friends to the south require a senatorial review of judicial nominees before they can be confirmed. It is a sensible policy because it ensures that there is a check and balance on the power of the executive in loading people who support its political agenda on the judiciary.
Let us not be mistaken. While we have many marvellous hardworking justices who simply interpret the law narrowly and strictly, we also have on the benches of this country many judges who regard themselves as glorified legislators. They sit on the bench and legislate from the bench. They do not interpret the law. They make the law.
We have no means as the representatives of the people, as the guardians ultimately of the Constitution to ensure that the people appointed to that bench are going to interpret rather than to legislate from the bench.
I ask that we have greater transparency when it comes to compensation for judges in Bill C-37. So too, we call for greater transparency in the appointment of judges so that the public and its representatives in this place, in the upper chamber, know what they are getting when the Prime Minister and the Governor General in council, when the cabinet decides to foist on the bench some radical politician who calls himself or herself a judge.
I also suggest that this principle should be applied throughout the public sector. We ought not to isolate judges. Whenever we are discussing compensation increases for senior people in the public sector, including ourselves, why should we not allow for complete, full and absolute public scrutiny?
Do you know something, Mr. Speaker? There is nothing to be afraid of. It is quite possible that experts and ordinary Canadians would look at a proposed pay increase or adjustment to compensation such as the one proposed in Bill C-37, an 8.3% increase over two years and would say “Hey, this is well deserved. These people work hard. They have earned this increase”. Let us not prejudge the wisdom of the public. That is what we are doing by shutting out public commentary and expert commentary through witnesses on this matter.
I commented earlier that I find it hard to believe the kind of bizarre judicial decisions we see coming with greater and greater frequency from federally appointed judges.
I commented earlier on the Feeney decision where a judge appointed by cabinet decided that a man who was clearly, unquestionably guilty of first degree murder was acquitted. Why? Because an RCMP officer failed to secure a search warrant in a rural area in British Columbia when he followed the trace of evidence to this man's residence. What did he do? He announced himself as a peace officer. He asked for permission to enter. No one responded. He went in and found the accused passed out on the bed covered in the blood of the murdered victim. The judge in that case, a judge appointed by the government without parliamentary oversight, allowed that man to be acquitted.
This happens all too often with respect to sentencing and conditional sentencing. It happens all too often when judges decide they are going to make the law in their own image claiming some specious authority in the charter of rights and freedoms.
Now we are proposing to give those very same judges who are accountable to utterly no one but themselves a pay increase almost uncontemplated anywhere else in the public sector, and I would submit the private sector, in a country where people are earning less now than they did 20 years ago. At the same time the government is telling us that we cannot even put such a report before a committee before it comes to the House to allow for proper disclosure and proper transparency.
I know from private conservations that there are members opposite who are very concerned about Bill C-37. I ask them to test their whip for once and vote for greater transparency in this place by supporting Motion No. 2 on Bill C-37.