Madam Speaker, it is a pleasure to be allowed to speak on this motion brought forward by the hon. member for the Bloc Quebecois.
The importance of a strong judiciary to Canadian society cannot be overemphasized. There is a growing recognition that stability, human security and the rule of law are necessary for a society which is economically viable and which protects human rights. As the guardians of the rule of law, judges form an important part and a pillar of our social order.
The need for further study of the appointment process for federally appointed judges has not been demonstrated. This process is well known and has served the Canadian public very well. I would like to take this opportunity to examine how the appointments process for federally appointed judges contributes to the maintenance of a strong judiciary by securing judges of the highest calibre.
The federal judicial appointments process has been in place since 1988 and is administered by the Commissioner for Federal Judicial Affairs. The process applies to those interested in submitting their candidacies for appointment to the superior courts, including appointment to the provincial and federal courts of appeal.
The statutory qualifications for appointment are 10 years at the bar of a province or a combination of 10 years at the bar of a province and service in a judicial office. Under the federal judicial appointments process, qualified lawyers and those holding office as provincial and territorial court judges may apply to the commissioner for appointment to a superior court. Additionally, candidates may also be nominated by members of the legal community or by other interested persons or organizations. In these cases the commissioner will contact each nominee to confirm his or her interest in being considered for judicial appointment.
This process is the very means by which qualified candidates from historically under-represented communities are identified for possible appointment to superior court. All candidates complete an extensive personal history form that canvasses matters such as the name of the bench they want to join and why, and an assessment of their strengths and weaknesses for the position.
Because the government is fully committed to ensuring that the full diversity of all communities is well represented on the superior court bench, candidates, at their option, may also self-identify if they belong to an ethnic, minority, aboriginal or disabled group. The completed forms are forwarded by the commissioner to the appropriate provincial or territorial advisory committee. The applications for judicial appointment are assessed by these independent advisory committees.
Advisory committees are a key element of the federal appointments process and are comprised of seven individuals drawn from the bench, the bar and the general public on the following basis: a nominee of the provincial or territorial law society; a nominee of the provincial or territorial branch of the Canadian Bar Association; a judge nominated by the chief justice of the province or territory; a nominee of the provincial attorney general or territorial minister of justice; and three nominees of the federal Minister of Justice.
The federal nominees are selected for their ability to represent the public interest and at least two of them may not be practising lawyers. The provincial attorneys general and territorial ministers of justice are encouraged to choose their nominees on a similar basis. Each member is appointed by the Minister of Justice to serve an unpaid term of two years. There is a possibility of a single renewal. Lawyer members of the committees cannot themselves be candidates for judicial appointment for one year following their term of office. Regionally based committees have been established in Ontario and Quebec because of the large populations in these provinces.
Advisory committees confirm the candidate's credentials with legal and other sources. They assess the candidates' professional competence and experience, personal characteristics, social awareness, including sensitivity to gender and racial equality, and any potential impediments to that appointment. The assessment is a rigorous one, designed to identify persons suited both by temperament and ability to preside over the superior and appellate courts of this country.
The committee makes an assessment of each candidate and will make one of the following determinations: that the candidate is recommended, or highly recommended, or that the committee cannot recommend the candidate for federal judicial appointment. Of course unsuitable candidates would fall in this last category. When a candidate is deemed recommended or highly recommended, that person will be included in a bank of approved candidates from which the Minister of Justice may make a recommendation to cabinet for appointment.
The appointments process has been highly successful in producing judges of the greatest quality and distinction. Indeed, Canadians are envied around the world for the quality, commitment and independence of their judiciary. For many people in other parts of the world, our Canadian courtrooms, presided over by judges who are efficient, impartial and free from government or any other interference, represent a shining ideal that is hoped for but not yet realized.
Canada's experience and expertise has been sought in the development of judicial and court systems in such diverse countries and regions as the former Soviet Union and the eastern bloc countries, including the Ukraine and Kosovo, as well as South Africa and China.
There is ample evidence that the federal judicial appointments process is working very well in fostering a judiciary of exceptional distinction. The process does not need further study. In fact, it is my position that the expertise and time of the Standing Committee on Justice and Human Rights would be better directed to other issues of a more pressing nature.
For all of these reasons, I do not support the motion. However, I wish to thank all hon. members for their attention today on this important issue.