Mr. Speaker, there are two parts to the motion that is before us today.
The first part has given both the previous speaker from the Conservative Party and particularly the Minister of Justice substantial concern as to whether we are crossing a line between the parliamentary wing of government and the judicial wing.
The second part of the motion is simply, as a preliminary, to establish a subcommittee of the justice committee calling upon Parliament as a whole to support the establishment of that subcommittee which would have as its mandate in purpose to prepare recommendations as to how the judicial appointment process is dealt with in our country at the Superior Court, Appeals Court, Supreme Court and Federal Court levels.
At the outset, I will indicate that we have taken the position as a party that we would support the motion.
The concern raised by the justice minister, in particular of this crossing over the line, is somewhat overplayed. I recognize the sensitivity of maintaining that constitutional framework. It is one that I think any lawyer in the country would recognize the importance. I think our average citizen would recognize the importance of having independence between wings of government.
I do not believe the motion goes so far as to cross the line and imperil the judicial independence. I think every member has spoken how highly in regard we hold that principle.
The reason I do not believe we are doing this is the fact that as members of Parliament, and I including the justice minister, we have the responsibility to absolutely guarantee to the Canadian citizenry that the judicial appointment process is one where one's political affiliation or ideological orientation is not up for consideration in denying one the right to become a judge. That is why the comments from Mr. Justice Robert in Quebec were of such concern to us.
I think the member for Charlesbourg—Haute-Saint-Charles in particular felt the intensity of the comments. Earlier this morning he set out a number of occasions where in effect Justice Robert appears, at least, to be clearly repeating the statements that if one is a supporter of sovereignty for the Province of Quebec that in some fashion disentitles one to be considered or to be appointed as a judge at the federal level.
That is not a position our party would support. It is not a position of a country that has a Charter of Rights and Freedoms that guarantees freedom of speech and freedom of association, where the Supreme Court of Canada has recognized that there is an informal constitutional right if a province is to determine to separate how they separate and where issues around sovereignty and provincial rights, in particular, are constantly before our court, to deny somebody who has a particular ideological bent with regards to independence of the province of Quebec the right to sit on the bench.
I believe it is not only something that we are doing, it is something we should be doing. I believe as members of the House we have to say to the Canadian public, and perhaps in particular in these circumstances to the citizenry of the province of Quebec, that their affiliation to the sovereignty movement would not disentitle them to be considered as judges.
I believe this is the intent of the motion. It certainly is the intent of myself and my party in expressing our, and I do not want to use too strong a term because it is important not to do that, real concern on the comments made by Mr. Justice Robert.
I am perhaps being a little too lawyerish, although the minister was, but I want to address these comments more specifically--