Madam Speaker, I am pleased to rise in today's debate. Quite honestly I did not plan to speak but I was provoked. I felt it was important not only for the constituents in my riding of Thornhill but for people across the country listening to the debate to understand what the legislation is all about. We need someone who will speak on the topic of the bill and explain to people why the government is taking the action it is taking.
The independence of our judiciary is important. As a matter of principle I believe judges must be independent of political interference, and they are. Those who call for accountability of judges should know that accountability is through judicial councils which review the work of judges.
They cannot have it both ways. They cannot support the principle of judicial independence and at the same time use the word accountability in anything other than judicial review of judges' decisions.
I stand in my place today to say that I stand for the principle of judicial independence. I believe that judges should be accountable through the judiciary. Those who have complaints can go to the judicial council to ask for a review.
I have to further say that as a second principle I want leaders in the legal profession to come forward and apply to be judges. I do not want us to have people other than those who have years of experience and respect within the profession to have the opportunity to apply. I do not believe there should be a financial penalty for people who choose to serve. Being on the bench is a form of public service and I believe they should be well paid. If we want to attract those who are in leadership position among the profession, we have to make sure there is no deterrent to those who wish to serve.
I would also like to comment on the issue of courts administration. For the people who are watching and for my colleague across the House in the New Democratic Party who spoke at length about courts administration I point out that this is entirely a provincial jurisdiction. Courts administration is a responsibility of the provinces. They determine what resources they wish to put into courts administration. Anyone who has concerns about that should address their concerns to the attorney general of the province they live in or to their premier.
Since we see many provinces such as my home province of Ontario reducing their revenues through tax decreases of some 30%. costing in excess of $5 billion, anyone who wants to know where the money has gone that could have gone to courts administration, improved health care or improved education must look at the policy of tax cuts. Since that is the policy of the Reform Party opposite I find it heckles interesting on this matter. The responsibility for courts administration is entirely a provincial jurisdiction. It is inappropriate for us to take time of the House discussing matters that are clearly a provincial jurisdiction.
Regarding Bill C-37, the facts are that federal judges have not received a pay increase since 1992. They contributed to the deficit reduction plan which resulted in the first balanced budget in 30 years being tabled this year by the finance minister. That is something I am very proud of.
We also know that there are provincial judges across the country and there were remarks raised about what was happening on the provincial scene. While that is a matter of provincial jurisdiction, many of the provinces are adopting the same method the federal government has adopted, the establishment of an independent commission. For example, the Province of Quebec at the present time has a commission studying judges' salaries.
My assumption is that if a government establishes a commission it will look very carefully at the recommendations of the commission. That is exactly what the federal government did. We established an independent commission to make recommendations to the government so that we could ensure we were attracting the very best and the brightest, the leaders of the profession, to sit on the bench. They make very important and difficult decisions which affect not only public policy but public life.
The commission was called the Scott commission. The government accepted its recommendations on pay increases for federally appointed judges. I believe that is appropriate. It reinforces the notion of independence of the judiciary, which was my very first point.
If we are to determine salaries it is a very good process to engage people who are expert in understanding the role and ask them to advise the government. They did that and the government took that advice. While some may believe that number is too high, I am sure others believe that number is too low. The government has made the decision to accept the compensation recommendations of the Scott commission and I believe that is appropriate.
I also believe that the process for the selection of judges is a good one. We have public representatives on the committees who review the applications. There are also consultations with the law societies. Just for the record, I think people watching this debate should know that Bill C-37 is supported by the Canadian Bar Association.
We have those who are aware of the role of judges, how hard judges work, not only from the Canadian Bar Association but also from an independent commission established to review the matter agreeing that the government's action is appropriate.
I ask those in opposition to think about the implications of arbitrarily making decisions without seeking advice from those who know like the Canadian Bar Association or an independent commission that would review the workload and so forth.
My view is that there will always be debate. Salary issues are always contentious. There are always different points of view, but it is a responsibility of government, a responsibility the government takes very seriously. Bill C-37 reflects the appropriate balance between judicial independence and the obligation of government to set a salary level which will attract the very best, the very brightest and leaders in the profession to sit on the highest courts of the land.
The actions taken by the Minister of Justice are appropriate. The legislation deserves support. Our process in coming to this conclusion has been one that has been filled with integrity. As the member for Thornhill I feel it is not only in the public interest but in the interest of my constituents in Thornhill.
I am pleased to support the legislation because it responds not only to the principles I have articulated but to the needs of the judiciary and the judicial system. That is good public policy.
For those who stand in this place and use this opportunity to vent, I think it is completely inappropriate on this type of legislation. We should be talking about how we reward through compensation and remuneration those people who sit in judgment on the most difficult of subjects frequently and mete out justice in a way which is impartial and which should be wise and thoughtful.
How do we say to federally appointed judges that we appreciate what they do? On behalf of my constituents of Thornhill I say to them that we believe they provide a very important service to the people of Canada. We thank them. I believe the debate, much of what I have heard, is an insult to the judges of Canada.