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Information & Ethics committee Sir, I'll answer very briefly. I've given a copy to the clerk of this committee of my submission. We have in our discussions focused on travel expenses, but our concern is not limited to travel expenses, so I do invite members of committee to read the written submission I've give
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee It is a concern if 50 judges gather for an annual legal education conference and it is published on the Internet where and on which dates these judges gather. It is just, in my submission, ill-advised to require that kind of granular information. There is a security risk to that
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee Yes. Administrative independence has been held to extend to assignment decisions by chief justices. Members of the committee, chief justices of Canada's national courts are troubled and extremely concerned by this regime. I cannot overemphasize this point, and these chief justi
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee They're not going to make the best assignment decision in that case—
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee That's right.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee That's right, and that's the decision, between expense decisions that are discretionary and expense decisions that result from someone else's decision—in this case, the chief justice.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee They're very concerned about this particular point. They're very concerned about travelling expenses of named individual judges standing out without the information that would provide context.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee This was expressed to me.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee I'm the porte-parole of the association, and as I've said, the Canadian Judicial Council has read the text of my submission and has said that it endorses the submission.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee Well, it's unclear to me too, sir, why there is that exemption. That doesn't mean that it shouldn't exist. You've heard the substance of my position, which is that the whole regime should be changed, but insofar as that exemption is concerned, it's unclear why it's there. It does
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee The suggestion I have made is that the decision be that of the chief justice.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee Here, he wouldn't have to ask for the information, because it's a proactive publication system—
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee —so the publication would be—
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee Well, it could be.... I leave it to your imagination.
October 30th, 2017Committee meeting
Pierre Bienvenu
Information & Ethics committee It could be to try to embarrass the judge. Again, the problem, as I said earlier, is too little and too much—too much and too little.
October 30th, 2017Committee meeting
Pierre Bienvenu