Mr. Speaker, with respect to Motion No. 1, members have been talking specifically about the salary increases. However, I think it is important for us to acknowledge and to realize that, in general, while the bill focuses in part on salaries, it focuses on other things too. That seems to have escaped the attention of all of the opposition parties.
In particular, attention should be given to the initiative to create unified family courts. I see that the hon. member for London West is in the House. She will know, because she practised law before the courts in London, that the unified family court, an experiment which began in the city of London, Ontario, has been a very great boon to that community. It has allowed the justice system to become streamlined in an area that is crucial to family life and to the good operation of a community.
When these disputes come before a court, it is important that we create a system that allows them to be dealt with as efficiently as possible.
I want to comment on the mood of this debate, particularly with respect to the comments that have been made about specific members of the judiciary and the judiciary in general. When I hear comments like “judges should be independent of parliament but not of their communities” I think that sounds good. Judges live in communities. They should be in touch with their communities. That is good. That is why the government has created committees composed of members of communities who are not all judges but lay people as well. These committees vet applications for judicial positions and pass judgment on applicants before they come to the minister's attention.
I think of the implications of the statement that judges should be independent of parliament but not of their communities. The hon. member seems to be saying that if a community group or people in the community do not like a judgment, even though that judgment is correct in law, then somehow they can yank the chain to bring the judge to attention and to account.
I heard a member from Calgary suggest, with respect to the Rosenberg decision, that a particular judge was promoting her own political goals and views. These are very serious allegations to be made about a group of people, or even about specific people, who are themselves public servants and not in a position to defend themselves. Before we use our privileges in the House to speak publicly, freely and without any repercussions, I would suggest that we be very careful.
When we look at other countries such as Cuba, or countries where we have concerns about the absence of democratic rights, we look for certain characteristics when we test them for their beliefs in democratic principles. We look for a free parliamentary assembly where people are elected and more than one party can run. We look for privileges for parliamentarians so they can speak freely. We also look for an independent judiciary. A sign of democracy is having systems in place which allow the judiciary to operate independently and not worry about whether their salaries will be paid or about whether they will be yanked back or punished by a community group with a particular agenda if they make a correct decision in law in relation to the constitution.
Reformers are playing with a very serious concept here. Judicial independence is more important than almost any other principle of democracy. It is certainly as important as our right to speak freely in this House, and I would suggest that members opposite be very careful about how they use or abuse that privilege.
We must keep in mind that whether we are in opposition or in government, parliamentarians are part of the justice system. We make the laws. We are every bit as much a part of the justice system as judges, police officers, victims, criminals and litigants in civil law suits.
It is incumbent on us when we are debating these principles to keep the level of debate at a point where we ourselves are not undermining the institutions that we value. The institution of the independent judiciary is so fundamental to our democracy that it should be protected. It should be nurtured. It should not be attacked in an irresponsible and ill-informed manner. I would suggest that that is what we are hearing today.
Judges cannot respond because it is not appropriate for them to respond. It is not appropriate for them to respond because of their position. That makes them sitting ducks for people who are promoting an agenda of fear and intolerance so that they can then use that to further their political agenda.
We have to be very careful to preserve these precious rights. We have to be very careful to make sure that our judiciary is respected and is taken care of so that they can continue to do the fine job that they are doing.
For those reasons, I will be opposing Motion No. 1 and voting against it. I am very happy to be able to support Bill C-37. I just wish we could hear some more about the good things that that bill is doing, including the unified family court.