For Immediate Release
March 20, 2007
OTTAWA – The Canadian Bar Association is asking the Standing Committee on Justice and Human Rights to recommend that Parliament reverse some recent changes to the federal judicial appointment process.
Appearing before the committee, CBA National President J. Parker MacCarthy, Q.C., of Duncan, B.C., said, “Any person appearing before a federally-appointed judge deserves to have confidence that the judge is qualified and will be impartial. This is a fundamental tenet of our democracy and a constitutional requirement. Several of the recent changes to the appointment process do not serve Canadians well.”
The CBA is particularly critical of the fact that the recent changes were made without consulting the CBA, the judiciary, and other groups interested in the administration of justice. The changes include the addition of a representative of a particular interest group and elimination of the judge’s vote, except in the case of a tie, resulting in a voting majority for the ministerial appointees on each committee.
“This new policy could lead to the conclusion that candidates are being assessed on the basis of ideology rather than solely on merit. This risks undermining the credibility of our judiciary with the public,” said Mr. MacCarthy.
The CBA notes that merit must remain the sole determinant of qualification for judicial office. “The removal of the judge’s vote, except in the case of a tie, combined with the addition of an eighth member to the committee appears to ‘stack the deck’ in favour of the minister. This risks politicizing the process and creating the opportunity for patronage appointments.”
The CBA’s approach to judicial appointments is anchored in the principles of judicial independence, transparency and merit. “Through the years, we have spoken out to ensure that the independence of the judiciary is preserved and enhanced, that judicial appointments are of the highest quality, and that the appointment process is open and transparent,” said Mr. MacCarthy.
CBA President Parker MacCarthy appears before the Standing Committee on Justice and Human Rights on Tuesday, March 20, 2007, from 9 to 11 a.m. in Room 269, West Block. The submission is available on the CBA’s website at: http://www.cba.org/CBA/submissions/pdf/07-14-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 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.
