I just heard the hon. member for Charlesbourg—Haute-Saint-Charles refer to events that occurred prior to this Parliament. I know that he certainly wanted to underscore how proud his government is to have introduced the transparency bill.
That being said, the judges in a system like ours, in a parliamentary democracy, must have three characteristics. They must be totally impartial and well paid to be shielded from any attempts to corrupt them or any desire for financial gain. In addition to being properly paid, they must be totally independent and have security of tenure. In other words, we cannot have a system where a government that is unhappy with a judge’s decision can decide to move him or refuse to renew his term.
It has certainly happened that certain Conservative members with major responsibilities, whose names shall go unmentioned, have said that some judges in our political system engage in judicial activism. I have even heard the Prime Minister say that judges should not interpret the charter in a way that fails to respect the will of Parliament since its members are elected by the people.
There is a certain truth to that. Clearly, Parliament has the most legitimacy. However, it is wrong think that our judges engage in judicial activism.
It is extremely rare in our political system to see laws overturned. Of all the legislation brought before the Supreme Court since 1982, only about 8% has been overturned. I do not know whether the Minister of Transport, Infrastructure and Communities shares my view, but in general, legislation is not overturned. There is very little judicial activism, although that does not mean that there is none.
For educational purposes, I point to the example of the decision in the Grant case, where Alberta was forced to add sexual orientation to its human rights code as a prohibited ground for discrimination.
That being said, the Bloc Québécois commends the government’s commitment to refer the bill as quickly as possible to the Standing Committee on Justice and Human Rights, but we do not acknowledge the substance of the bill. The Bloc Québécois will thus make substantial amendments to this bill.
Why are we not in agreement? First, as was pointed out by the member for Roberval—Lac-Saint-Jean, one of the best parliamentarians in this House, whose talents as an orator are recognized and admired by all, a man known for his great self-control, it is important to have an independent mechanism for setting judges’ salaries. We would not like to end up in a situation where parliamentarians had to negotiate directly with judges. Imagine the situation that would place Parliament in. Furthermore, in 1999, a balance had been reached. I should specify, for the sake of historical truth, that the Liberals upset this balance.
I have to say that, unfortunately, the Liberals played some cheap political games. They upset a balance that had been the wish of many. This balance was that the prime minister received the same salary as the chief justice of the Supreme Court. Obviously, in a democratic system, the person who is the authorized spokesperson of Canadians, who is elected by the will of the people, should not have less legitimacy than the chief justice.
We also know that ministers have great responsibilities. Under the 1999 scenario, they received three quarters of the salary of the chief justice of the Supreme Court. The members, servants of the people if ever there were, received 50% of the salary of the chief justice of the Supreme Court.
This balance was upset. I must say that the former prime minister of Canada made it into a partisan issue, and a deliberate choice was made to break with what was proposed by an independent commission in 1999.
I am not proud of the fact that the Conservative government is perpetuating this tradition. That is why the Bloc Québécois has to present some amendments. I do not understand why the Conservative government does not go back to the recommendations made by the independent commission.
Once one begins to question this principle, it removes the impartiality from a principle that should be totally and absolutely impartial. If the bill were adopted, the chief justice would earn $298,500 and the prime minister of Canada would earn $295,400. Admittedly this not exactly below the poverty line, but nevertheless the prime minister would be less well paid than the chief justice of the Supreme Court of Canada.
Once again, where judges’ pay is being decided, we have to be guided by some principles. In the Bloc Québécois, we believe in the independence of the judiciary. The former member for Charlesbourg—Haute-Saint-Charles is a man who has served this House well. Richard Marceau, a bright mind, a brilliant jurist, a seasoned parliamentarian, a man known for his keen judgment, who has had only one loyalty, namely the people of Charlesbourg, has suggested to the justice committee that a subcommittee be formed to study the appointment of judges. Imagine our surprise, not to say our indignation, when we heard the former president of the Liberal Party of Quebec say during the Gomery commission hearings that, if you want to be a judge in Canada, you have to have your Liberal Party membership card. Imagine our indignation. Imagine our consternation. There was a sort of collective disgust.