For Immediate Release
February 20, 2006
OTTAWA — The Canadian Bar Association opposes today’s announcement that the government will subject its nominee to the Supreme Court of Canada to public hearings.
“The CBA supports interviewing judicial candidates in the pre-nomination period. The independent advisory committee made up of Members of Parliament, legal experts and members of the public should do this,” says Brian A. Tabor, Q.C. of Halifax, President of the CBA. “However, the CBA strongly opposes any system that would publicly expose judges to partisan criticism of their judgments or cross-examination of their personal beliefs or preferences,” says Mr. Tabor.
Public hearings would not shed light on whether judges will be non-partisan and uphold the rule of law. To the contrary, it leaves the impression that judges are controlled by political backers. It undermines public confidence in judicial independence.
The CBA has called for an open and transparent system, so Canadians understand how judges are appointed to the highest court in our land. This is best accomplished through the advisory committee process now in place, a process that balances the principles of judicial independence, openness and merit.
“Broad input from Parliamentarians is, and should continue to be, available prior to the nomination, not an after-the-fact review,” adds Mr. Tabor.
The CBA has had a long-standing commitment to improving the appointment process to the Supreme Court of Canada, and looks forward to providing input on an ongoing basis.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 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
