Mr. Speaker, a couple of things came to mind in listening to the member's description of inadequacies, real or perceived, that he expressed concern about.
I would like to have him reflect upon the fact that the Minister of Justice over six months ago laid down with respect to the selection and nomination of Supreme Court justices a very comprehensive process which in every regard meets the tests that the member opposite raised, but for the appearance before a parliamentary committee by the nominee himself or herself.
I listened to him carefully. I agree with his concern, without being critical of the American process. We have seen just over the last two weeks the difficulties with the nomination process for the appellate courts in the United States. Nominees appear before political committees that are highly charged and unavoidably partisan and political. That creates a difficulty in the respect for and the distinction between the independent branches of government, the executive, the legislature and the courts.
I would ask the hon. member why is the process for the Supreme Court justices set up only missing that element of direct challenge? It would be a challenge and inevitably, as we have seen in the United States, a politically charged challenge by politicians. I worry about that.
I also worry about the notion of public scrutiny in the way that the member opposite expressed it in terms of accountability of judges. Judges are independent. It is a legitimate, independent, essential branch of government. It is often overlooked that judges are perhaps in the whole range of the three branches of government, the most accountable because they hear all of the cases and arguments in public. They must give reasoned, detailed judgments. They are appealable, usually at least to two appellate court levels. For their personal conduct they can be censured through a very detailed process by the Canadian Judicial Council and then back to the Minister of Justice after investigation and perhaps an inquiry hearing which can be in public. They can be removed at the end of the day by the House and the other place.
That is the appropriate role I would suggest to the member opposite for the political process, the legislative and executive process, to play in this highly accountable system we have. I would hope that the member opposite, being a former officer of the court himself, a prosecutor, would understand and be forthright in protecting and celebrating the quality of the judiciary in this country, which I know he appreciates. If there are misapprehensions about that quality, as with the rest of us who have appeared before the courts, he must constantly reinforce it in the public's mind so that there is not the false perception that there is something wanting in the quality of our judiciary. Our judiciary is renowned around the world. The jurisprudence coming from our Canadian courts is as respected as if not more so than that in any other jurisdiction in the world.
My question is simply if the member's concern is that we not go to a politically charged system of appointment, of vetting of nominees by politicians as in the United States, what is missing in the Supreme Court of Canada selection process announced six months ago by the Minister of Justice, but that final point?