Mr. Speaker, first, allow me to thank the member for St. Albert for raising this important debate in the House. I think that this is a fundamental issue that deserves to be studied and examined, and we need to come up with solutions to this system that is not as functional as it could be.
To begin with, I agree with the observation made by the member for St. Albert. The current system for appointing judges to the Supreme Court is not transparent, is highly secretive and runs counter to our society's democratic values. At a time when judges wield tremendous powers, particularly with the increasing political role of the courts following the adoption of the Canadian Charter of Rights and Freedoms in 1982, judges exert more and more influence over society.
Unlike superior court judges, who must go through an exhaustive appointment process—information on the process can be found on the Canadian Judicial Council website—there is nothing for appeal court and Supreme Court judges. Judicial appointments to appeal courts for all of the provinces are decided exclusively by the Prime Minister.
There is a very old saying in law: not only must justice be done, it must appear to be done. The current system raises doubts with respect to the appointments that are made. Let me give two example.
Last summer, Marie Deschamps was appointed a judge of the Supreme Court of Canada by the Prime Minister, and Michel Robert was appointed a judge of the Quebec Court of Appeal. It so happens that Marie Deschamps is the spouse of Paul Corbeil, a former Liberal minister in Quebec City, and Michel Robert was the president of the Liberal Party of Canada from 1986 to 1990.
Let me be clear, I am not saying that Justices Deschamps and Robert are not qualified to perform their duties as judges. I am not saying they do not deserve their appointment. I am just saying that doubt was raised in the minds of many as to why they were appointed. Was it only on the basis of their competence, or was it also—degrees may vary from person to person—because they belonged to the great Liberal family?
I am not alone in thinking this way. The issue was raised by Yves Boisvert, in La Presse on June 28, 2002, as well as by editorial writers in The Gazette on June 29, 2002, in the National Post on July 2, 2002, again in The Gazette on August 10, 2002 and in the Globe and Mail and the London Free Press on the same day. They raised the issue of the Liberal connections of the nominees, because decisions are made behind closed doors and left totally to the discretion of the Prime Minister. And this can only damage the good reputation of our legal system. I therefore agree with what the hon. member for St. Albert said.
I am not sure, though, that his solution is necessarily the right one. I am not sure that having judges appear before the Standing Committee on Justice is the right thing to do. When I asked people around me, who are in the legal profession as I am, many raised the issue of the independence of the judiciary from the legislative branch. I stress that these are doubts shared by many members of the public.
I would suggest the following compromise to my colleague—and I hope he is listening. About a week and a half ago, I introduced motion M-288 in the House. It reads:
That the Standing Committee on Justice and Human rights examine the process of appointing justices to the appeal courts and to the Supreme Court of Canada.
This then is a broader motion than that of my colleague, and one that would not be prejudicial—if I may use that term, in order to make a play on words—to solving the problem of the present lack of transparency in appointments to the judiciary.
I would also point out to him—and I hope he is still listening—that this very day I have asked the Standing Committee on Justice and Human Rights, in the context of a meeting on future business, to examine a motion similar to the one I have read, M-288, so as to have the committee address this matter. The decision will be made Monday in connection with future business.
I suggest that the hon. member for St. Albert tell his colleagues in the Alliance who are members of the Standing Committee on Justice and Human Rights, to support my proposal to have that committee examine the procedure for appointing judges to the Appeal Court and to the Supreme Court, and not to prejudge the outcome but rather to allow this question to be looked at with as open a mind as possible . The approach needs to be one of offering constructive solutions so that all members of this House, that is all those who support the present system, as my Liberal colleague has said, as well as those who would like to see changes, might have an open discussion to examine in depth the problem we have before us, a problem that deserves a solution.