Madam Speaker, I am pleased to speak today against Bill C-49, an act to authorize remedial and disciplinary measures in relation to members of certain administrative tribunals. We must particularly note the word "disciplinary". The minister wishes to have the power to smack his administrators around a bit. Our colleague and fellow member of the Bloc Quebecois has proposed an amendment stating that there ought to be a parliamentary mechanism governing the appointment or revocation of the appointment of members of administrative tribunals.
As my introduction, I would like to offer a brief explanation of what administrative tribunals are, what their importance is. Bill C-49 makes major changes to the operation of administrative tribunals. Although these modifications have not attracted much media interest, they are nonetheless important.
The administrative tribunals, while often less well known than the superior courts, nevertheless have major impacts on the daily lives of Canadians and Quebecers. Often they bring down far more decisions than do the superior courts. What is more, the consequences of their decisions are often very important to citizens and to the state, whether Canada or Quebec. Indeed, the significance the administrative tribunals have assumed in recent years is now an accepted fact. They have become the preferred decision-making venue, where citizens wishing to confront government regularly stand up for their rights.
I will name a few of these tribunals to show how significant they are and the role they play in our society. The Veterans Review and Appeal Board, the agricultural products review board, the Canadian Grain Commission, the Immigration and Refugee Board, the Canadian International Trade Tribunal, the Competition Tribunal-this one is very important-the Copyright Board, the Canadian Radio-television and Telecommunications Commission. These are commissions and tribunals that play a very important role in our society.
The Liberals have decided to change the way these tribunals are administered. This will have serious consequences. I believe the main reason, and they have said so, is to cut positions and administrative spending. That seems legitimate. But if we take a really good look, it is not the real reason.
The changes the government makes will infringe on the independence of these tribunals and will also further centralize the powers of the federal government in Ottawa. The real reason for these changes in the constituent legislation of administrative tribunals is
mainly that the government wants to designate the presidents instead of appointing them.
To designate is a very serious matter. When one designates, one can also revoke a decision very quickly, and as mentioned in the legislation, if the minister responsible feels that he has a role to play and the president of a tribunal does not exactly reflect the ideas of the minister or the government, he can be removed-in other words, fired-for reasons that are more or less substantiated. This is supposed to enhance administrative flexibility, but it is a very serious matter, and I will explain this in a few minutes.
In the past when the president of a tribunal was appointed, it was for two, five or seven years. This created a certain stability and a certain independence in the way the president made his decisions. However, if the president is designated and can be removed at any time, this means he will always be at the beck and call of the government in power.
I think the main reason behind this bill is to make it easier to appoint friends of the government. As you know, the Conservatives were in power for nine years. During that time they changed practically all the incumbents, all 2,000 of them, on these tribunals. These are very attractive appointments to positions that are very well paid.
The Liberals have been in power since 1993. Three years later, they now realize they cannot hand out these positions fast enough to their friends. They are changing the act to be able to do so quickly, in other words, to have the power to fire most of the people who are sitting on these tribunals and put their friends in instead.
To me this kind of bill is outrageous. That is why I am pleased to have this opportunity to criticize publicly the current government's conduct in this respect.
We know that many of the people who will be appointed are friends of the government. In fact, during the last election campaign, one of the Liberal Party's officials came out and said publicly to the defeated candidates that they did not have to worry, that a job would be found for them, that there were plenty of jobs, and that those who so desired would be able to get a job from the federal government.
I think that today, the government has realized it cannot appoint its friends fast enough. So they are changing the legislation to make it easier to remove incumbents and appoint their Liberal friends to these administrative tribunals.
I believe that is the main reason for all these changes in the legislation. This is why they must be denounced, and also why my friend, the hon. member for La Prairie, has presented his amendment calling for the House of Commons to have a say in the appointment of members of administrative tribunals.
If we are to have responsible governments in future, we must not use this as a pretext for forcing people to back the winning horse. In recent years, we have noticed that often those involved in politics or political organizations are like weather vanes. Often, if the government is winning, if people or polls say that this or that party is on top, many people change sides at the last minute. In the final weeks, rapid changes can be seen taking place. Often one of the reasons they do so is to have a chance at an appointment to some commission or other.
In this sense, this does not seem good either. People involved in politics must be prompted to do so by their ideals, their belief in a party's philosophy, not because they are angling for a job, that is to say serving their own interests. In my opinion, if we want to have governments that are responsible and capable of selling their ideals, the machinery must be cleaned up, and when it comes down to it, this bill does the opposite. It has people working with a view to a chance at job in future if their party wins the elections. These amendments on the appointment of members of administrative tribunals are, to my mind, quite shameful.
What is unfortunate with this bill is that it will hamper the independence of the tribunals. Our judicial systems have always been world-renowned. Our judicial systems and our tribunals were truly stable. There was no interference between the legislative system and the justice system. What the minister and the government are doing now is providing the government with the power to interfere directly in tribunal decisions. A tribunal must be independent of the legislators.
What the government is proposing is exactly the opposite. It wants to interfere, by equipping itself with means of discipline. That is what is written into the law, moreover. It will be able to take disciplinary measures in order to direct the administrative tribunals, which means direct government involvement in the decisions of the administrative tribunals. This strikes me as very, very serious.
As we know, judges in the judicial system are appointed until the age of 75. These long appointments make it possible for the judicial system to be stable and totally independent. What the minister proposes is the exact opposite in that it would make administrative tribunals less stable.
The president of the Quebec Bar Association was very clear about this when she said that "the lack of job security may have an unexpected psychological impact on the decisions of a person who may be more concerned about pleasing the government than rendering a fair judgment". As I pointed out earlier, these people will be more concerned about pleasing the government and meet-
ing its expectations from day to day than about making the decisions they must be free to make.
This bill and these changes are a disgrace because they do the exact opposite. This goes against common sense. We want our society to move forward, but the government is taking us back to the 1920s, the 1930s, the Duplessis era, or the turn of the century. This kind of measure is totally unacceptable.
We often criticize the United States for the way they do things. But I can tell you that in the U.S., for example, tribunal members are appointed by committees, which, I think, is a much more equitable approach. Committee chairs and members should not be appointed by the party in power alone, but by House of Commons committees.
The government could propose names, but the appointments would be debated in committee so that these decisions can be made at arm's length from those in power and committee members chosen for their abilities and not their political ties. These people could then do their jobs with competence and great freedom of action. This, I think, is very important in order to clean up the system.
We should follow the U.S. government's example in appointing our legal authorities.
The government is giving itself enormous power over administrative tribunals. When the minister alone appoints all these people on behalf of the government, he does so unilaterally, without ever consulting the provinces, and yet these tribunals often need to make rulings in very important areas like the oil, uranium and electricity industries.
The large corporations in the energy sector wield a great deal of influence. If the minister is not happy with the rulings made by a tribunal, he might simply appoint someone else. The minister's power to appoint someone else is considerable as it gives him direct control over decisions. That is the issue. The minister's power to appoint and dismiss tribunal members for all kinds of more or less valid reasons gives him direct control over decisions. It makes no sense for the minister to establish tribunals while keeping this great power to decide.
We know full well that these people will have to meet government expectations and that decisions affecting major areas like those I mentioned earlier-the oil, uranium and electricity industries-could displease or penalize Quebec, especially when electricity is concerned. The government could take matters into its own hands instead of letting the tribunal decide, for the reasons I gave you earlier. It could make its own decision and hurt Quebec's interests. It is very important to mention this.
As you know, it has been quite difficult in the past to get justice as far as Quebec's major economic sectors are concerned. And the government is about to give itself extraordinary powers. What this means is that the government will never consult with the provinces before making appointments, and that the person appointed to the chair will not make a decision without first notifying the minister because, if he displeases the minister, the minister can dismiss him-as the bill points out-without compensation. He could be dismissed just like that, because the government does not like the way he handles cases.
This is a real case of judicial interference, which I condemn today, like several of my colleagues as well as some Reform members. We can never say it often enough. I hope the minister will reverse his decision, because this is really unfair and unacceptable. This is a step backward instead of forward.
Bill C-49 will have serious consequences for our tribunals' independence. Instead of moving democracy forward, we are regressing. The government is giving itself way too much power. That is why I am in favour of the amendment put forward by my colleague from La Prairie and opposed to Bill C-49.