Madam Speaker, I am pleased to have the opportunity to speak to Bill C-30, an act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada. It consolidates the administrative services already in place under a chief administrator. This bill also creates a Court Martial Appeal Court and makes justices of the Federal Tax Court into justices of the Superior Court .
The first amendment had been needed for some years, and in fact reflects the organization chart already in place for the other courts, both federal and provincial, that is a court of first instance, or trial court, and an appeal court. The third is a matter of terminology only, not changing the powers and duties of these judges in any way.
I wish to point out to begin with that the Bloc Québécois is in favour of protecting the principles of impartiality and independence of the judiciary from any interference by the executive and legislative branches of government. We are, however, forced to admit that the Minister of Justice, a Quebecer to boot, has not seen fit to extend this protection to the mechanisms for selecting the chief administrator, by having a call for nominations from which the final selection would be made by the House and not by appointment by the governor in council.
When we see that a bill states that appointments are to be made by the governor in council, this is just a roundabout way of saying, “We want to continue the system of patronage we have at present”. The governor in council is in fact a body composed of none other than the Prime Minister and the PMO, which decides on certain appointments. This takes us back to the standard demand by the Bloc Quebecois that these appointments need to be submitted to democratic screening the House and its committees.
If the government, which often makes the claim of transparency, has nothing to hide, why does it allow this power to be left in the hands of the Prime Minister, his cabinet and the Privy Council, which is really nothing but the Prime Minister's department?
This bill could be more effective if it respected the concept of appearance of justice by giving preference to the selection of candidates, rather than a governor in council appointment. The Bloc Québécois presented an amendment in committee to call for nominations in order to select the chief administrator. As members can imagine, given the Liberal majority sitting on the Standing Committee on Justice and Human Rights, this amendment was rejected. We believe that the suggestion made by the Bloc Québécois could have preserved the independence of the bench and protected it from government interference.
While an independent administrative body is created, its administrator remains under the authority of the executive branch, namely the Prime Minister's Office, because of the appointment process itself. Why did the government not also want to preserve the independence of the chief administrator?
There is a contradiction here and, as parliamentarians, we are greatly disappointed by that. We were hoping for more. Given the government's intention to undertake a reform in this area, it would have been desirable to extend its scope to the fullest.
In conclusion, the Bloc Québécois feels that the objectives mentioned in the preamble of the bill, which include co-ordinating activities between the various federal courts an increasing judicial independence and responsibilities regarding the use of public moneys, must be supported.
In spite of the flaw relating to the appointment process of the chief administrator, the Bloc Québécois feels that the protection of the principle of judicial independence must prevail. This being said, the Bloc Québécois supports Bill C-30 at third reading.