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2015-06-12 [p.2750]
Q-1217 — Mr. Cotler (Mount Royal) — With regard to the process for filling the vacancy on the Supreme Court of Canada that will be created by the retirement of Justice Marshall Rothstein on August 31, 2015: (a) when did the government learn of Justice Rothstein’s intention to retire; (b) how did the government learn of Justice Rothstein’s intention to retire; (c) what steps has the government taken to find a replacement for Justice Rothstein; (d) when were each of the steps in (c) taken; (e) what individuals, agencies, organizations, or other governments has the government consulted with regard to developing a process to find Justice Rothstein’s replacement; (f) what individuals, agencies, organizations, or other governments has the government consulted with regard to choosing Justice Rothstein’s replacement; (g) when did the consultations in (e) occur; (h) when did the consultations in (f) occur; (i) what individuals, agencies, organizations, or other governments will the government consult with regard to developing a process to find Justice Rothstein’s replacement; (j) what individuals, agencies, organizations, or other governments will the government consult with regard to choosing Justice Rothstein’s replacement; (k) when will the consultations in (i) occur; (l) when will the consultations in (j) occur; (m) what date has the government set by which Justice Rothstein’s replacement must be nominated; (n) what date has the government set by which Justice Rothstein’s replacement must be appointed; (o) by what date does the government intend to nominate Justice Rothstein’s replacement; (p) by what date does the government intend to appoint Justice Rothstein’s replacement; (q) when were the dates in (m) to (p) set; (r) who set the dates in (m) to (p); (s) based on what factors were the dates in (m) to (p) set; (t) if no dates have been set regarding the nomination or appointment of Justice Rothstein’s replacement, why have no dates been set; (u) based on what criteria has the government evaluated candidates to replace Justice Rothstein, and if no evaluations have occurred thus far, based on what criteria will the government evaluate candidates to replace Justice Rothstein; (v) how do the criteria in (u) differ from those used to evaluate candidates in the appointment processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon, (iv) Justice Côté; (w) what materials have been sought from the candidates to replace Justice Rothstein; (x) what materials will be sought from the candidates to replace Justice Rothstein; (y) how do the materials in (w) and (x) differ from those sought from candidates in the processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon, (iv) Justice Côté; (z) if the materials in (w) and (x) differ from those sought from candidates in the processes that led to the appointments of Justices Wagner, Nadon, Gascon and Côté, (i) why were changes made, (ii) who decided to make these changes, (iii) when was that decision made; (aa) what process has been or will be used to evaluate candidates and make an appointment to replace Justice Rothstein; (bb) in what way does the process to replace Justice Rothstein differ from the processes that led to the appointments of Justices Wagner, Nadon, Gascon and Côté; (cc) if the process to replace Justice Rothstein differs from the processes that led to the appointments of Justices Wagner, Nadon, Gascon and Côté, (i) why was the process changed, (ii) who decided to change it, (iii) when was the decision made to change it; (dd) in what way have parliamentarians been involved, or in what way will they be involved, in the process to replace Justice Rothstein; (ee) what goals have been served by parliamentary involvement in previous Supreme Court appointment processes; (ff) how will the goals in (ee) be served in the process to replace Justice Rothstein; (gg) in what way have members of the legal community been involved, or in what way will they be involved, in the process to replace Justice Rothstein; (hh) other than parliamentarians and members of the legal community, who has been or will be involved in the process to replace Justice Rothstein, and in what way; (ii) will candidates to replace Justice Rothstein be reviewed by an advisory panel; (jj) if candidates to replace Justice Rothstein will be reviewed by an advisory panel, (i) when will the panel be constituted, (ii) of how many members will it be comprised, (iii) who will select its members, (iv) based on what criteria will its members be selected, (v) what will be its mandate, (vi) who will set its mandate, (vi) will its membership include parliamentarians; (kk) will the candidate nominated to replace Justice Rothstein appear before a parliamentary committee, ad hoc or otherwise; (ll) has the process for appointing Supreme Court judges been reviewed by the government since the appointment of Justice Côté; (mm) if the process for appointing Supreme Court judges has been reviewed by the government since the appointment of Justice Côté, (i) when did the review begin, (ii) when did the review end, (iii) who conducted the review, (iv) what groups and individuals participated in the review, (v) what were the objectives of the review, (vi) what were the outcomes of the review; (nn) what has been, or what will be, the cost of the process to replace Justice Rothstein; (oo) what is the breakdown of the cost in (nn); (pp) in what way will the process to replace Justice Rothstein be (i) transparent, (ii) accountable, (iii) inclusive; and (qq) will the process used for the appointment of Justice Rothstein’s replacement be used for future appointments? — Sessional Paper No. 8555-412-1217.
2014-11-21 [p.1819]
Pursuant to Standing Order 39(7), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the return to the following question made into an Order for Return:
Q-742 — Mr. Cotler (Mount Royal) — With regard to the process for filling the vacancy on the Supreme Court of Canada that will be created by the retirement of Justice Louis Lebel: (a) when did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (b) how did the government learn of Justice Lebel’s intention to retire on November 30, 2014; (c) what steps has the government taken to find a replacement for Justice Lebel; (d) when were each of the steps in (c) taken; (e) what individuals, agencies, organizations, or other governments has the government consulted with regard to developing a process to find Justice Lebel’s replacement; (f) what individuals, agencies, organizations, or other governments has the government consulted with regard to choosing Justice Lebel’s replacement; (g) when did the consultations in (e) occur; (h) when did the consultations in (f) occur; (i) what individuals, agencies, organizations, or other governments will the government consult with regard to developing a process to find Justice Lebel’s replacement; (j) what individuals, agencies, organizations, or other governments will the government consult with regard to choosing Justice Lebel’s replacement; (k) when will the consultations in (i) occur; (l) when will the consultations in (j) occur; (m) what date has the government set by which Justice Lebel’s replacement must be nominated; (n) what date has the government set by which Justice Lebel’s replacement must be appointed; (o) by what date does the government intend to nominate Justice Lebel’s replacement; (p) by what date does the government intend to appoint Justice Lebel’s replacement; (q) when were the dates in (m) to (p) set; (r) who set the dates in (m) to (p); (s) based on what factors were the dates in (m) to (p) set; (t) if no dates have been set regarding the nomination or appointment of Justice Lebel’s replacement, why have no dates been set; (u) has the government examined the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (v) what are the results of the examination in (u); (w) when did the examination in (u) begin; (x) when did the examination in (u) end; (y) who carried out the examination in (u); (z) if the government has not carried out the examination in (u), why has it not done so; (aa) will the government examine the consequences, legal and otherwise, of allowing a Supreme Court seat to be vacant; (bb) if the government will not carry out the examination in (aa), why will it not do so; (cc) based on what criteria has the government evaluated candidates to replace Justice Lebel, or, if no evaluations have occurred thus far, based on what criteria will the government evaluate candidates to replace Justice Lebel; (dd) how do the criteria in (cc) differ from those used to evaluate candidates in the appointment processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (ee) what materials have been sought from the candidates to replace Justice Lebel; (ff) what materials will be sought from the candidates to replace Justice Lebel; (gg) how do the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of (i) Justice Wagner, (ii) Justice Nadon, (iii) Justice Gascon; (hh) if the materials in (ee) and (ff) differ from those sought from candidates in the processes that led to the appointments of Justices Wagner, Nadon, and Gascon, (i) why were changes made, (ii) who decided to make these changes, (iii) when was that decision made; (ii) when did the “reconsideration” of the appointment process referred to in the government’s response to Q-543 begin; (jj) who made the decision to reconsider the Supreme Court appointment process; (kk) on what date was the decision in (jj) made; (ll) what has the reconsideration of the Supreme Court appointment process entailed; (mm) who has been involved in the reconsideration of the Supreme Court appointment process; (nn) what has been the role of each of the individuals in (mm) in the reconsideration of the Supreme Court appointment process; (oo) what individuals, agencies, organizations, or other governments have been consulted as part of the reconsideration of the Supreme Court appointment process; (pp) were parliamentarians consulted as part of the reconsideration process, and if so, whom; (qq) what meetings have occurred as part of the reconsideration of the Supreme Court appointment process, (i) on what dates, (ii) with whom present, (iii) with what goals, (iv) with what outcomes; (rr) what documents, memos, briefing notes, or other materials have been created as part of the reconsideration of the Supreme Court appointment process; (ss) what are the dates of creation and file or reference numbers of the materials in (rr); (tt) who developed the materials in (rr); (uu) to whom have the materials in (rr) been distributed; (vv) what research, reports, books, articles, or other reference materials has the government consulted as part of the reconsideration of the Supreme Court appointment process; (ww) what are the objectives of the reconsideration of the Supreme Court appointment process; (xx) when did the reconsideration of the Supreme Court appointment process end, or if it is ongoing, when does the government intend to end it; (yy) if the reconsideration of the Supreme Court appointment process is ongoing, (i) what will the remainder of the reconsideration entail, (ii) who will be involved in the remainder of the reconisderation, (iii) what will be the role of each of the individuals, agencies, organizations, and governments involved, (iv) when will parliamentarians be consulted, (v) in what way will parliamentarians be consulted; (zz) when did the government last engage in a reconsideration of the Supreme Court appointment process; (aaa) in what way is the current reconsideration similar to or different from the last reconsideration; (bbb) what are the results of the reconsideration of the Supreme Court appointment process; (ccc) when will the results of the reconsideration of the Supreme Court appointment process be made public; (ddd) what has been the cost of the reconsideration of the Supreme Court appointment process; (eee) what is the breakdown of the cost of the reconsideration of the Supreme Court appointment process thus far; (fff) if the reconsideration is ongoing, (i) what will be the total cost of the reconsideration, (ii) what is the breakdown of the cost; (ggg) what process has been or will be used to evaluate candidates and make an appointment to replace Justice Lebel; (hhh) in what way have parliamentarians been involved, or in what way will they be involved, in the process to replace Justice Lebel; (iii) what goals have been served by parliamentary involvement in previous Supreme Court appointment processes; (jjj) how will the goals in (iii) be served in the process to replace Justice Lebel; (kkk) in what way have members of the legal community been involved, or in what way will they be involved, in the process to replace Justice Lebel; (lll) other than parliamentarians and members of the legal community, who has been or will be involved in the process to replace Justice Lebel, and in what way; (mmm) what steps has the government taken, or what steps will the government take, to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (nnn) who has carried out, or who will carry out, the legal analysis to ensure that Justice Lebel’s replacement is eligible to fill one of the seats reserved for Quebec pursuant to section 6 of the Supreme Court Act; (ooo) when was the legal analysis in (nnn) carried out; (ppp) what has been the cost of the analysis in (nnn); (qqq) what is the breakdown of the cost of the analysis in (nnn); (rrr) what has been, or what will be, the cost of the process to replace Justice Lebel; (sss) what is the breakdown of the cost in (rrr); (ttt) in what way will the process to replace Justice Lebel be (i) transparent, (ii) accountable, (iii) inclusive; and (uuu) will the process used for the appointment of Justice Lebel’s replacement be used for future appointments? — Sessional Paper No. 8555-412-742.
2014-09-15 [p.1345]
Q-497 — Mr. Cotler (Mount Royal) — With regard to the management and publication of material related to judicial appointments: (a) what is the policy of the Office of the Commissioner for Federal Judicial Affairs Canada with respect to posting information pertaining to candidates; (b) in what way is the nomination material archived; (c) is the material on the website the same as in the binder provided to MPs and, if not, how do they differ; (d) when materials are removed from the website, (i) who keeps copies, (ii), who is provided a copy, (iii) how can this material be accessed, (iv) by whom can it be accessed, (v) how long is it kept; (e) are the materials from the website provided to the Supreme Court of Canada, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what conditions relating to their retention, (v) if not, why not; (f) are the materials from the website provided to the Library of Parliament, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what understating relative to their retention, (v) if not, why not; (g) are the materials from the website provided to the Department of Justice, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what conditions relating to their retention, (v) if not, why not; (h) are the materials from the website provided to the Minister of Justice, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what conditions relating to their retention, (v) if not, why not; (i) are the materials from the website provided to the Prime Minister’s Office, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what understating relative to their retention, (v) if not, why not; (j) are the materials from the website provided to Library and Archives Canada and, if so, (i) by whom, (ii) to whom, (iii) on what date, (iv) with what conditions relating to their retention, (v) if not, why not; (k) how many binders were prepared relative to Mr. Justice Marc Nadon’s appointment and where are these binders now; (l) how many binders were prepared relative to Mr. Justice Wagner’s appointment and where are these binders now;
(m) in what way and through what processes can previous binders be consulted by (i) parliamentarians, (ii) the public, (iii) the media, (iv) legal scholars; (n) for how long does the Office of the Commissioner for Federal Judicial Affairs Canada retain all information relative to judicial appointment cycles and what are its policies on both retention of these materials and access to them; (o) with respect to the inclusion of publications, seminars and lectures in Mr. Justice’s Wagner’s materials, why is no such material included in Mr. Justice Nadon’s materials and whose decision was this; (p) with respect to the statement made in the government’s response to written question Q-239, that “ (bb)(i) The material requested in the latest appointment process does not differ materially from those requested for the appointment of Justice Wagner” and “(iv) The wording was substantially the same”, what is the difference between “materially” and “substantially” insofar as case law areas are concerned; (q) do the uses of “materially” and “substantially” mean that the wording was not exactly the same; (r) were Justices Wagner and Justice Nadon asked for the same exact materials and same areas of cases law and, if not, why not; (s) do the types of materials sought from candidates change between appointment cycles, (i) if so, why, (ii) who makes this determination; (t) do the types of material sought from candidates for Quebec seats change between appointment cycles, (i) if so, why, (ii) how is this determined; (u) with what bodies did the Office of the Commissioner for Federal Judicial Affairs Canada consult in developing a retention and access policy relative to materials associated with a judicial appointment; (v) why is candidate information on the website for the Office of the Commissioner for Federal Judicial Affairs Canada only temporarily online and how was this policy developed;
(w) were any briefing documents, presentations, or memos prepared for ministers or their staff, from 2006 to present, regarding Supreme Court Appointments and, for each, what is the (i) date, (ii) title or subject-matters, (iii) department, commission, or agency’s internal tracking number; (x) do members of the Selection Panel have access to the materials developed or used in an appointment process after the appointment has been made; (y) does the Minister of Justice or Prime Minister have access to the materials developed or used in an appointment process after the appointment has been made; (z) does an appointed justice have any access to the materials developed or used in the process after the appointment has been made; (aa) does any person consulted in the process of an appointment have any access to materials or records developed or used in the process at any time; (bb) what materials were developed or used in the most recent appointment process; (cc) what records of meetings or other items exist relative to the most recent appointment process, (i) by what means can they be accessed, (ii) by whom; and (dd) does the Minister of Justice or Prime Minister have any access to materials not accessible to other persons and, if so, what materials, and by virtue of what process or policy? — Sessional Paper No. 8555-412-497.
2014-09-15 [p.1369]
Q-543 — Mr. Cotler (Mount Royal) — With respect to the appointment of Justice Clément Gascon to the Supreme Court of Canada: (a) by what process was Justice Gascon identified and selected for appointment; (b) what was the role of the Department of Justice; (c) what was the role of the Minister of Justice; (d) what was the role of the Prime Minister; (e) what was the role of the Commissioner for Federal Judicial Affairs; (f) were any other ministers involved and if so what were their roles; (g) with whom did the government consult and when did these consultations occur; (h) what was the role of Parliament; (i) why was no ad hoc committee convened to meet Justice Gascon prior to his appointment; (j) what specific considerations were taken with respect to (i); (k) who made the ultimate decision with respect to (i); (l) has the government abolished the ad hoc committee process for reviewing Supreme Court nominees; (m) if the ad hoc committee meeting for new Supreme Court nominees has not been abolished, why did it not occur with Justice Gascon prior to his appointment; (n) will Justice Gascon appear before Parliament at any point relative to his appointment to the Supreme Court of Canada; (o) what specific criteria were established by which candidates were evaluated in the process by which Justice Gascon was selected; (p) how did Justice Gascon meet the criteria in (o); (q) why was Justice Gascon selected; (r) was preserving gender parity on the Supreme Court of Canada a goal of the process that resulted in the appointment of Justice Gascon; (s) what consideration was preserving gender parity on the Supreme Court of Canada in the process that resulted in the appointment of Justice Gascon;
(t) in what ways does Justice Gascon’s appointment preserve gender parity on the Supreme Court of Canada; (u) in what ways does Justice Gascon’s appointment enhance diversity on the Supreme Court of Canada; (v) what particular areas of expertise were identified in the process that resulted in Gascon’s appointment; (w) how were the areas in (v) developed; (x) what is known of Justice Gascon’s expertise in the areas identified in (v); (y) what Justices of the Supreme Court of Canada were consulted with respect to Justice Gascon’s appointment; (z) did consultation with the Chief Justice occur regarding Justice Gascon; (aa) is consultation with Chief Justice a normal practice in the course of selecting a nominee for the Supreme Court of Canada; (bb) what role is served by consulting with the Chief Justice or, if no such consultation occurred in this instance, what policy reasons justify excluding the Chief Justice from consultations; (cc) would there have been time for Parliamentarians to meet Justice Gascon prior to his appointment to the Supreme Court; (dd) with which parliamentarians did Justice Gascon meet prior to his appointment; (ee) what committees reviewed Justice Gascon’s candidacy prior to his appointment; (ff) was Justice Gascon identified in the process that resulted in the nomination of Justice Nadon; (gg) at what stages of the process was Justice Gascon’s eligibility for appointment assessed and by whom; (hh) does the answer in (gg) reflect any new process or procedure; (ii) with respect to Justice Minister Peter Mackay’s statement as reported by CTV on May 28 that “Our list and their list are being examined in concert to find a common name,” was the name of Justice Gascon common to both lists;
(jj) how was the “our” list to which Minister MacKay referred developed; (kk) how many names were on “our” list; (ll) what went into selecting the names on “our” list and who was involved in this process; (mm) was the “our” list to which Minister MacKay referred developed through the process announced by previous Justice Minister Rob Nicholson on June 11, 2013 and if not, why not; (nn) with respect to the “their list" of which the Minister spoke, who developed this list and when was it provided to the government; (oo) did the government solicit in any way "their list"; (pp )how was "their list" assessed, by whom, and on what dates; (qq) how many names were on “their list”; (rr) what individuals were involved in the process that “examined in concert to find a common name” the lists referred to by the Minister; (ss) how long did the process in (mm) require and when did it terminate; (tt) were any outside legal opinions sought with respect to Justice Gascon’s appointment, why or why not; (uu) what was the cost of Justice Gascon’s appointment and what is the breakdown of these costs; (vv) if any of the answers to these questions are subject to solicitor-client privilege, who is the solicitor and the client for the particular question; (ww) who from the Government of Quebec was consulted on Gascon’s appointment, on what dates, and by whom; (xx) when were the Chief Justice of Quebec and the Chief Justice of the Quebec Superior Court consulted on Gascon’s appointment and by whom; (yy) who from the Canadian Bar Association, the Barreau du Québec, and the Barreau de Montréal were consulted on Gascon’s appointment and by whom;
(zz) what academics were consulted, by whom and on what dates; (aaa) what victims’ rights groups were consulted, by whom, and on what dates; (bbb) what aboriginal groups were consulted, by whom, and on what dates; (ccc) what women’s groups were consulted, by who, and on what dates; (ddd) whereas in the past candidates have been first nominated and then appointed, was Justice Gascon ever nominated prior to his appointment by the government, and if so, when did this occur, if not why not; (eee) what changes to the process have been identified or completed through this appointment; (fff) what factors were considered relative to the timing of this appointment; (ggg) who decided the timing of the appointment announcement and in consultation with whom; (hhh) what benefits were derived from appointing Justice Gascon prior to a Parliamentary ad hoc hearing; (iii) what benefits were derived from appointing Justice Gascon prior to the end of the scheduled Parliamentary sitting; (jjj) why was the appointment announced while Parliament was still sitting but without an ad hoc hearing; and (kkk) why was the appointment announced so far in advance of the Court’s fall session; and (lll) is it anticipated the same appointment process will be used for the next vacancy on the Supreme Court of Canada? — Sessional Paper No. 8555-412-543.
2014-05-26 [p.1044]
Pursuant to Standing Order 39(7), Mr. Braid (Parliamentary Secretary for Infrastructure and Communities) presented the returns to the following questions made into Orders for Return:
Q-437 — Mr. Cotler (Mount Royal) — With regard to the appointment of Justice Marc Nadon: (a) who did what and when prior to the Selection Panel being convened; (b) who determined the process to be followed with respect to the most recent appointment process to fill a vacancy on the Supreme Court of Canada (SCC); (c) was the process for Justice Wagner designed with the departure of Justice Fish a year later in mind; (d) was the process for Justice Nadon designed with the forthcoming departure of Justice LeBel in mind; (e) in the breakdown of appointment process costs provided in the answer to Q-239, what accounts for the "Acquisition of Machinery and Equipment" cost associated with the appointment of Justice Marc Nadon; (f) was there a competitive bidding process with respect to the goods and services in (a); (g) what accounts for the greater cost of "Legal Services" for the appointment of Justice Marc Nadon relative to the reported costs provided in the answer to Q-239 for other Justices; (h) are the costs for the legal opinions of Justices Binnie and Charron included in the "Legal Services" heading for the appointment process of Justice Marc Nadon reported in the answer to Q-239; (i) if the answer to (f) is no, under what heading are these opinion costs found and, if not reported in the answer to Q-239, where are they reported; (j) were the legal opinions of any Quebec jurists explicitly sought with respect to the eligibility of Justice Marc Nadon and, if so, (i) whose opinions were sought, (ii) on what date, (iii) at what cost; (k) were the legal opinions of any Quebec jurists explicitly sought with respect to the eligibility of a federal judge to assume a Quebec seat on the SCC and, if so, (i) whose opinions were sought, (ii) on what date, (iii) at what cost; (l) how long will the materials relative to Justice Nadon's appointment remain on the website for the Office of the Commissioner for Federal Judicial Affairs Canada; (m) when were these materials first posted;
(n) under what guidelines will they be removed; (o) how was the decision to seek outside legal advice relative to Justice Nadon's eligibility made, (i) by whom, (ii) on what dates, (iii) why; (p) did the Department of Justice render an internal opinion as to the eligibility of Justice Nadon to assume a Quebec seat on the SCC; (q) what assessment or evaluation of the Nadon nomination has the government undertaken to improve the process for the next appointment; (r) what assessment, evaluation, or review of the Nadon nomination will the government undertake so as to learn from it; (s) with respect to the statement of the Minister reported by CBC on March 24, 2014, that "we'll examine our options as we ensure that the Supreme Court has its full complement" what specific options were considered by the government; (t) did the government consider re-naming Justice Nadon after the decision in Reference re Supreme Court Act, ss. 5 and 6 and, if not, why did the Minister not rule this out when asked subsequent to the ruling's release; (u) on what specific dates did the Selection Panel engage in consultations relative to the process that resulted in the nomination of Justice Nadon; (v) did any consultations or meetings of the Selection Panel occur after July 15, 2013; (w) were any outside lawyers consulted on the amendments made to the Supreme Court Act during the nomination of Justice Marc Nadon; (x) was Quebec consulted on the amendments made to the Supreme Court Act during the nomination of Justice Marc Nadon; (y) was the Barreau du Quebec consulted on the amendments made to the Supreme Court Act during the nomination of Justice Marc Nadon; (z) were any documents, presentations, or memos prepared for ministers or their staff, from April 1, 2013 to present regarding Justice Marc Nadon and, if so, what are (i) the dates, (ii) the titles or subject-matters, (iii) the department, commission, or agency's internal tracking number;
(aa) with respect to the Minister's appearance before the Standing Committee on Justice and Human Rights on Thursday, November 21, 2013, wherein he deferred to Ms. Laurie Wright (Assistant Deputy Minister, Public Law Sector, Department of Justice) on a question regarding consultations in the matter of changes to the Supreme Court Act and wherein she said "In this particular case, I'm not aware that there were any consultations with the Barreau du Québec. It's not unusual for the government to consult in circumstances such as this, though", (i) were there any consultations with the Barreau du Quebec and, if so, on what dates, (ii) was the Minister aware personally of consultations, (iii) what role would the Minister personally play in such consultations in 'usual' circumstances, (iv) if there were no consultations, why were none held, (v) were any consultations requested by the government in this regard; (bb) with respect to the various costs reported in the response to Q-74 related to Ms. Louise Charron, Mr. Ian Binnie and Professor Peter Hogg, what accounts for the difference in these costs; (cc) were the three named individuals asked the same total number of questions and with the same exact wording; (dd) in addition to these individuals referenced in part (z), who else was asked and on what date with respect to the question of the eligibility of a federal judge to assume a Quebec seat on the SCC; (ee) with respect to the statement of the Minister of Justice in the House on October 17, 2013, "The eligibility and the opinion that we have received from Mr. Justice Ian Binnie, which has also been endorsed by Supreme Court Justice Louise Charron, as well as a noted constitutional expert Peter Hogg, is very clear", (i) when were Justice Charron and Professor Hogg provided the opinion for Justice Binnie, (ii) how long did they have to review it before reporting to the government;
(ff) with respect to the statement of the Minister of Justice before the Standing Committee on Justice and Human Rights on November 21, 2013, that "legal opinion prepared by respected former Supreme Court Justice Ian Binnie which [...] was supported by his former colleague, the Honourable Louise Charron, as well as by noted constitutional expert, Professor Peter Hogg", (i) did the Minister use "supported" to mean "endorsed", (ii) did the Minister mean that all conclusions were agreed in wholeheartedly by those cited; (gg) with respect to the Minister's comments before the Ad Hoc Committee on the Appointment of SCC Justices that "I would add that this opinion was reviewed by several eminently qualified individuals, including the Honourable Louise Charron as a former judge of the Supreme Court of Canada herself. The opinion was also reviewed by Professor Peter Hogg, a recognized constitutional expert and author. Both of them expressed unequivocal support for Mr. Justice Binnie's conclusions", is "several" used to mean "more than two but not many" as defined by the Canadian Oxford Dictionary (2 ed.) and (i) if so, who other than Justice Charron and Prof. Hogg is included in the class of "eminently qualified individuals" who reviewed this opinion, (ii) if not, in what sense was the word "several" used in this context and to convey what; (hh) was Justice Binnie informed that his opinion would be made public and, if so, was this part of the arrangement the government made with him; (ii) can Justice Charron publicly release her opinion that was rendered to the government and, if not, why not; (jj) can Professor Hogg publicly release his opinion that was rendered to the government and, if not, why not; (kk) will the government release the opinions of Justice Charron and Prof. Hogg and, if not, why not; (ll) how did the government decide from whom to seek opinions; (mm) how did the government determine whose opinions to release; (nn) other than the Minister of Justice, who in the Department of Justice, in the Prime Minister's Office, and in the Office of the Commissioner for Federal Judicial Affairs Canada reviewed the Charron and Hogg opinions; (oo) where are the Charron and Hogg opinions currently stored, who has access to them, and what is the plan for retention; (pp) concerning the Selection Panel that considered Justice Marc Nadon’s candidacy, (i) how were members of the Panel chosen, (ii) what qualifications were sought, (iii) how did each of the members of the Panel meet the qualifications in (ii), (iv) what measures are in place to ensure that Aboriginal candidates are considered in the work of the Panel; (qq) who was the Executive Director of the SCC Selection Committee for this process and how was this person selected; (rr) what protections were in place to ensure that members of the Panel elevated mid-summer to Cabinet were not influenced by their Cabinet role in the work of the Panel;
(ss) with respect to the Prime Minister’s statement regarding Justice Nadon in the House on April 1, 2014, that “pendant les consultations, tous les partis de la Chambre étaient d'accord avec l'idée qu'on pouvait nommer un Québécois de la Cour fédérale à la Cour suprême”, (i) to what consultations is the Prime Minister referring, (ii) was the Prime Minister part of these consultations and if so in what capacity, (iii) if the Prime Minister was not part of these consultations, by what means was he informed of their contents, (iv) to what extent are these consultations public, (v) if these consultations were public, in what manner can records of them be accessed, (vi) if these consultations were not public, are their contents protected by any privilege or confidentiality agreement and if so, what are the consequences for any individual breaking consultation confidentiality, if any, (vii) on what basis was this statement made, (viii) how can a party involved in these consultations express its disagreement “avec l'idée qu'on pouvait nommer un Québécois de la Cour fédérale à la Cour supreme”, (ix) how can a disagreement, such as the Prime Minister suggests did not occur, be made public within the ordinary course of consultations; and (tt) with respect to the Prime Minister’s statement in the House on April 1, 2014, that “Évidemment, c'est une grande surprise de découvrir qu'il y a une règle tout à fait différente pour le Québec que pour le reste du Canada”, (i) when was the Prime Minister first informed that there exists a different rule for the appointment of judges from Quebec vis-a-vis the rest of Canada to the Supreme Court of Canada, (ii) did the Prime Minister personally solicit, receive, and review legal advice on this point within the context of the Marc Nadon appointment, (iii) what steps were taken to mitigate any such surprises that might arise during the appointment process? — Sessional Paper No. 8555-412-437.
2014-05-26 [p.1050]
Q-448 — Mr. Dion (Saint-Laurent—Cartierville) — With regard to judicial appointments from the province of Quebec: (a) what steps is the government taking to ensure Quebec has full representation on the Supreme Court of Canada (SCC); (b) by when will a Justice to replace Justice Fish assume his or her seat on the SCC and by what process will this vacancy be filled; (c) in what ways is the decision in Reference re Supreme Court Act, ss. 5 and 6 being studied and analyzed by the government, and what impact is it expected to have on future judicial appointments from Quebec; (d) will the government seek constitutional amendment to allow for the appointment of judges from the federal courts to the Quebec seats on the SCC and, if so, how does the government plan to proceed; (e) does the government anticipate that the decision in Reference re Supreme Court Act, ss. 5 and 6 will have any impact on its ability to fill vacancies from Quebec in the federal courts and, if so, how; (f) in what ways will the government seek (i) to ensure civil law expertise and the representation of Quebec’s legal traditions and social values on the Court, (ii) to enhance the confidence of Quebec in the Court in the context of future appointments; (g) since the decision in Reference re Supreme Court Act, ss. 5 and 6, what discussions or meetings on judicial appointments have occurred with the Government of Quebec and the Barreau du Quebec; (h) in what ways has the question in (e) been studied or will be studied, if any; (i) in what ways has the pool of eligible persons for appointment to Quebec seats on the SCC been defined and identified, broken down by (i) gender, (ii), Aboriginal status, (iii) visible minority status; (j) what qualifications and merit criteria have been identified as necessary and desirable for an appointment to a Quebec seat on the SCC;
(k) what steps have been undertaken to identify potential successors to Justice Lebel upon his anticipated retirement from the SCC; (l) if the process in (k) has not begun, when is it anticipated to begin and what will the first steps be; (m) what regard is given, if any, to the linguistic proficiencies of candidates for Quebec seats at the SCC, in both official languages, (i) at what point in the process is such proficiency assessed, (ii) by whom, (iii) to what standard; (n) does the answer in (m) vary if the vacancy were to arise from another province; (o) in what ways will Quebecers, their government, and their professional orders be consulted and involved in the process to fill present and future vacancies arising from the province at the SCC; (p) in what ways have Supreme Court justices from Quebec been consulted by the government, in the past and present, relative to the appointments process and credentials and will they be consulted in the future; and (q) for judges appointed to Quebec seats on SCC whose appointment and swearing in is subsequently deemed void ab inito, (i) are taxpayers reimbursed in any way for the appointment process by the government, (ii) is the salary of such a judge returned to the government for the period in which it was collected in error, (iii) who makes the determinations in (i) and (ii) and by what process, (iv) what impact does such a determination have on the retirement and pensionable allowances of such a judge if he or she were a federal judge prior to and post appointment to the SCC, (v) are nominees from Quebec informed of the possibility of their appointment and swearing in being deemed void ab initio and, if so, at what point in the process? — Sessional Paper No. 8555-412-448.
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