For Immediate Release
October 31, 2005
OTTAWA – The Canadian Bar Association says the government needs to improve the federal judicial appointment process in order to reinforce public confidence that appointments are being made on the basis of merit.
“The CBA is calling for modifications that will make the process more open and transparent. Our goal is appointments that are based on merit and ultimately reflect the diversity of Canadian society,” says CBA National President Brian A. Tabor, Q.C. of Halifax.
As a first step, the CBA recommends a two-year “cooling-off” period for judicial candidates coming from the political arena. This includes Cabinet Ministers, MPs, Senators, MLAs, partisan political employees and employees of a political party.
“Canadians expect, and are entitled to have, judges who are well qualified and independent of political influence. If judicial candidates were intimately involved in the political sphere close to the time when they were appointed, public perception of patronage would be heightened,” says the CBA’s 10-page submission.
At the same time, the submission also notes that political activity shows a commitment to community involvement – a factor that is considered an attribute of a good judge. “Those who have been active in political life should not automatically be disqualified,” says Mr. Tabor. “Any restrictions on a candidate’s political activities must be consistent with our democratic values – and that includes political involvement.”
The CBA is also encouraging the federal government to give appropriate recognition to the skills of candidates with diverse backgrounds. “Merit criteria now specifically include considerations of whether a candidate will contribute to the diversity of the bench,” says the submission.
The CBA makes eight recommendations, including:
- No appointments unless the candidate is recommended by the relevant judicial committee;
- Clear guidelines for the “recommended” and “highly recommended” categories;
- A focus on the appointment of Aboriginal judges to appellate courts, including the Supreme Court of Canada;
- The need to publicize vacancies, provide information on qualifications, and instructions on how to apply.
CBA President Brian Tabor will appear before the Sub-committee on Judicial Appointments on Tuesday, Nov. 1, 2005 at 3:30 p.m., in Room 209, West Block. The CBA submission is available online at:
http://www.cba.org/CBA/submissions/pdf/05-43-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 35,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
