For Immediate Release
February 27, 2006
OTTAWA – The President of the Canadian Bar Association says that while today’s hearing successfully demystified the appointment process to the Supreme Court of Canada without apparent damage, that would not necessarily be the case in the future in a less disciplined environment.
“The concern with judges answering to MPs is the perception that the judges are then beholden to government,” says Brian A. Tabor, Q.C. of Halifax, President of the CBA. “While we favour the objective of bringing the justices closer to the people, we must ensure a clear separation between the judicial and legislative arms of government,” says Mr. Tabor.
Recognizing that today’s hearing was a success, Mr. Tabor cautions this approach could slide down the slippery slope in the future with harder, more partisan, and politically motivated questions. The CBA favours an alternative approach that would offer the public a chance to learn more about individuals appointed to the highest court, but without the threat of compromising judicial independence.
“The issues covered in today’s hearing could have been equally well handled in a format that does not create the risk of inappropriate questions,” notes Mr. Tabor.
The Bar Association’s plan would see a televised, public introduction of the new Supreme Court justice under the aegis of the CBA. The first step would be for the CBA to set out a framework or protocol to ensure that the questions introduce the justice while maintaining the professionalism and integrity of the position, the court and the justice system.
With the necessary criteria in place, questions would be submitted by, among others, MPs, the public, the media and other legal experts. A leading Canadian journalist would interview the new justice.
“Our proposal for a nationally televised introduction of the new Supreme Court justice would not only succeed in helping Canadians know their justices,” said Mr. Tabor, “but it would also protect the independence of the judiciary so essential to Canadian democracy.”
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:
Stephen Hanson, Canadian Bar Association, Tel: (613) 796-2925; E-mail: stephenh@cba.org
Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org
