For Immediate Release
November 10, 2006
OTTAWA — “The credibility of the entire judicial appointment process is at risk from proposed changes to the composition and operation of judicial advisory committees,” CBA President J. Parker MacCarthy, Q.C., of Duncan, B.C. said today, voicing the CBA’s extremely serious concerns with the changes proposed by Justice Minister Vic Toews.
Mr. MacCarthy said the Minister’s proposed changes “stack the deck” in the committees, increasing the appearance of politicization and creating greater opportunities for patronage appointments — something the Minister repeatedly spoke out against while serving in the Opposition.
Currently, judicial advisory committees consist of seven individuals appointed by the Minister — two from the legal profession, one from the province or territory, three “ministerial appointments at large,” and a judge as Chair. The Justice Minister proposes to increase his at-large appointments from three to four and disallow the judge’s vote — potentially giving the at-large appointees the majority of votes on the committee. This perception would undermine the independence of the committee and the credibility of the appointment process.
“The CBA believes that the decisions of these committees should continue to be reached by consensus,” said Mr. MacCarthy. “But if a vote is required, these changes would potentially ‘stack the deck’ in favour of the Minister’s at-large appointees. These changes could give the at-large appointments virtual veto power.”
Defining a specific community from which a committee member must be drawn could lead to a perception that the appointee has preconceived opinions about judicial appointments, which would undermine the committee’s credibility, Mr. MacCarthy said.
“The CBA is not objecting to the appointment of a law enforcement representative per se,” said Mr. MacCarthy. “But if the Minister wants a law enforcement official, he can use one of his three current at-large appointments. He doesn’t need to create a fourth position to do that.”
The CBA has shared its concerns with ministry officials, and encourages the Minister to continue further consultations before changes are made. “Any steps that could affect the independence, impartiality and objectivity of the judicial appointment process require full-scale consultation across the entire spectrum of the justice system,” said Mr. MacCarthy.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. More than 37,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Stephen Hanson, Canadian Bar Association, Tel: (613) 237-2925, ext. 147; E-mail: stephenh@cba.org.
