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Justice committee  I think I understand where I was confused before. I believe, Mr. Chair, that Mr. Fortin is asking a question about a mediation or an alternative dispute resolution process that may precede a more formal process. I was hearing “mediatization” and thinking media and publication.

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you. Alternative dispute resolution is not included as an obligation in Bill C-9. As a preliminary step, there doesn't appear to be, in my mind, anything that would preclude a conversation towards an alternative dispute resolution or a mediation-style resolution, particula

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you. That is the definition of a paradox. In terms of the CBA's position, the complainant gets a summary of the reasons. That's the way it's set up in the bill right now. Is there potential for there to be an earlier disclosure, or a more detailed disclosure? Perhaps. Ho

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  That's a very interesting question. Unfortunately, I don't have an answer for you on that. I would have to be more familiar with the CJC's internal administrative processes to give you a fulsome answer.

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  The goal of judicial independence and the value of judicial independence cannot be diminished if we are going to have a strong and functioning judiciary. This bill does support the duality of the role of judge insofar as a judge must serve and a judge commits to serve. The exch

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Through the various consultations with CBA members, sections, and different aspects of the CBA—it's a very complicated organization—we have had the opportunity to consider whether the principles of natural justice and fair process are being respected by the procedures that are se

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  That's an interesting question. I think the change to include lay members on the hearing panels adds a significant amount of transparency to the process. The fact that we will have the point of view of the public is valuable in that regard. Certainly, public hearings are public h

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you. I think it is interesting to note that the bill was presented almost a couple of weeks short of a full year ago. During that time, all of the major legal agencies, if I can put it that way, were consulted. I'm sure that numerous members of the public had an opportunit

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Yes, the CBA does support this bill. We support it because we feel that it has gone through the mill and that it does create a balance between respecting the public's need to have confidence in the judiciary and the judge in question's ability and entitlement to defend himself in

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  I'm not sure if you wanted me to respond to that specifically. Is there a question?

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you for the clarification. I appreciate that there is a difference. However, when the judges, and the members of that whole review panel, are sitting in that capacity—remember there are also lawyers and lay members there—there is a broad and diverse opportunity for there t

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you for the clarification. I can comment on the bill that's been provided and the fact that not every administrative step needs to be included in legislation. There are practices and procedures within any administrative tribunal where the issue that you've addressed may be

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Yes, you would, sir.

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  Thank you. I'm not sure I understand the question. Did you ask about the mediatization of the CBA and the judge?

November 24th, 2022Committee meeting

Indra Maharaj

Justice committee  The particular case that seems to have triggered some of the amendments was the Girouard case. Is that correct?

November 24th, 2022Committee meeting

Indra Maharaj