JUST Committee Report
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REFORM OF THE SUPREME COURT OF CANADA
APPOINTMENTS PROCESS
Dissenting REPORT
Garry Breitkreuz, MP
Chuck Cadman, MP, Vice-Chair
Peter MacKay, MP
Kevin Sorenson
Vic Toews, MP
May 5, 2004
Parliament and the legislatures are no longer the only bodies involved in legal policy making, if they ever were. The courts play a leading role in legal policy formation, often requiring Parliament and the legislatures to respond to their decisions by incorporating their interpretations of the law or responding to them.
Parliament and the courts, especially the Supreme Court of Canada, are sometimes viewed as partners and collaborators in the development of law and legal policy in Canada. Parliamentarians, however, are accountable to Canadians for their participation in this partnership. Supreme Court Justices, however, are not so accountable, at least in terms of being subject to the electoral process.
The Conservative Party of Canada (CPC) does not believe that the eight recommendations made by the Committee in its main report are sufficient. The CPC submits that the process for all future appointments, including the next two Supreme Court Judges, requires a greater degree of transparency. It is for this reason that the CPC makes the following recommendations for all future Supreme Court of Canada appointments.
RECOMMENDATION 1
There must be substantive input from all the provinces and territories into the compilation of a list of suitable Supreme Court of Canada nominees. The input from the provinces and territories at this stage can be confidential and does not need to be made public.
RECOMMENDATION 2
There must be a public review of a short list of the nominees before a parliamentary committee.
RECOMMENDATION 3
There must be Parliamentary ratification of the chosen nominee. The form of ratification must not infringe on the constitutional right of the Governor-in-Council to make the actual appointment.
RECOMMENDATION 4
Amendments to legislation must be made so that the appointment process becomes mandated.