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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 th...
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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.
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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 Can...
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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.
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2014-09-15 [p.1387]
Q-591 — Mr. Cotler (Mount Royal) — With regard to the comments of Justice Minister Peter MacKay in the House on June 4, ...
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Q-591 — Mr. Cotler (Mount Royal) — With regard to the comments of Justice Minister Peter MacKay in the House on June 4, regarding a “compromise that occurred in the leaking of information around” the process of a Supreme Court appointment, and the statement of his spokesperson that “we are concerned about recent leaks from what was intended to be a confidential process, we are reviewing the process for future appointments” as quoted by the Toronto Star on June 3: (a) to what leaks do these comments refer;(b) when were these leaks discovered; (c) how were these leaks discovered; (d) how was the government informed of these leaks; (e) what measures were in place to prevent leaks; (f) how does the government define the “leaking of information”; (g) what meetings have occurred on the subject of these leaks, (i) on what dates, (ii) with whom present, (iii) with what goals, (iv) with what outcomes; (h) what materials, briefing notes, or other memos were created regarding these leaks and what are their dates of creation and file or reference numbers; (i) who developed the materials in (h); (j) do the “leaks” refer to an article by John Ivison of the National Post, dated May 1, regarding communications between the Chief Justice and Ministers of the Crown, or to material cited in that article; (k) do the “leaks” refer to an article by Laura Stone of Global News dated May 7 regarding communications between the Prime Minister’s Office and Marc Nadon suggesting Justice Nadon leave the Federal Court to rejoin the Quebec bar, or to material cited in that article; (l) do the “leaks” refer to an article by Sean Fine of the Globe and Mail dated May 23 regarding activities of the selection panel and names on government lists, or to material cited in that article;
(m) if the answer to (j), (k), or (l) is negative, does the government dispute the veracity of the content referred to in the article referenced in the question; (n) what specific information has been leaked; (o) what is the extent and scope of the leak; (p) what are the consequences of the leak; (q) what meetings occurred regarding the articles referenced in (j), (k), and (l), (i) on what dates, (ii) who was present, (iii) what were the goals of the meeting, (iv) what was the outcome of the meeting; (r) what materials, briefing notes, or other memos were created regarding the articles in (j), (k), and (l) and what are their dates of creation and file or reference numbers; (s) from where did these leaks originate; (t) who had access to the information leaked; (u) what was done, if anything, to limit the dissemination of material once leaked; (v) were any news outlets contacted in an effort to limit the publication of leaked material; (w) were any journalists contacted to correct information in any story referencing a “leak”; (x) does the government’s conception of a leak include dissemination of information that is inaccurate; (y) what is the total number of leaks that occurred regarding the appointment process, and how was this number determined; (z) what steps has the government undertaken to investigate these leaks; (aa) have any meetings with the RCMP occurred regarding these leaks, (i) if yes, when and with whom, (ii) if not, why not; (bb) have any meetings with the Director of Public Prosecutions occurred regarding these leaks, (i) if yes, when and with whom, (ii) if not, why not; (cc ) have any meetings with the Office of the Commissioner for Federal Judicial Affairs occurred regarding these leaks, (i) if yes, when and with whom, (ii) if not, why not; (dd) what steps is the Commissioner for Federal Judicial Affairs undertaking to investigate these leaks; (ee) what steps is the Department of Justice taking to investigate these leaks;
(ff) what steps is the Minister taking to investigate these leaks; (gg) when is it expected that any investigation will be concluded; (hh) what penalties might be imposed if the sources of the leaks are found; (ii) what cost is expected to be incurred relative to any investigation into these leaks; (jj) what additional measures are being taken to ensure that more leaks do not occur;(kk) what steps were taken in the Prime Minister’s Office to investigate these leaks; (ll) what steps were taken in the Privy Council Office to investigate these leaks; (mm) what meetings or communications transpired between the Minister of Justice and the Prime Minister or his office regarding these leaks; (nn) who is responsible for these leaks; (oo) who is being investigated for these leaks; (pp) what suspects have been identified; (qq) has any motive been determined and if so, what are the motives and how was this determined; (rr) is the government itself investigating these leaks or will a third party be involved; (ss) what steps will be taken to ensure independence in any investigation of these leaks; (tt) have any wiretaps or other judicial orders been sought in relation to an investigation into these leaks; (uu) does the government consider information as being leaked if its dissemination occurs in a form where it is protected by privilege, such as on the floor of the House of Commons; (vv) who was informed of the leaks, on what date, and by what means; (ww) what was the impact of these leaks on the existing Supreme Court appointment process; (xx) what is expected to be the impact of these leaks on any future Supreme Court appointment process; (yy) how was the determination in (xx) made, by whom, with what policy objectives in mind, and with what expectations relative to future conduct by the government in identifying a nominee to the Supreme Court of Canada; (zz) who is in charge of investigating these leaks; (aaa) will Parliament be informed of the results of any investigation and if so, when; (bbb) if no investigations are occurring, why not; (ccc) if no investigations are occurring, is this compatible with the government’s policy objectives that include being “tough on crime”;
(ddd) what measures will be in place for a future Supreme Court appointments process to prevent such leaks; (eee) what confidential materials related to the appointment process were created and distributed; and (fff) were all materials in (eee) returned, (i) if yes, when, (ii) if no, what materials remain unreturned to the government? — Sessional Paper No. 8555-412-591.
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2014-05-26 [p.1044]
Pursuant to Standing Order 39(7), Mr. Braid (Parliamentary Secretary for Infrastructure and Communities) presented the r...
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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.
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2014-05-26 [p.1050]
Q-448 — Mr. Dion (Saint-Laurent—Cartierville) — With regard to judicial appointments from the province of Quebec: (a) wh...
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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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2013-12-06 [p.350]
Q-74 — Mr. Dion (Saint-Laurent—Cartierville) — With regard to the most recent Supreme Court appointment process: (a) on ...
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Q-74 — Mr. Dion (Saint-Laurent—Cartierville) — With regard to the most recent Supreme Court appointment process: (a) on what dates was the Quebec Government consulted and who was consulted; (b) when was the Barreau du Quebec consulted; (c) when were judges from the Quebec Court of Appeal (QCCA) consulted; (d) concerning Justice Marc Nadon, (i) on what dates was the Quebec Government consulted regarding his nomination, (ii) when was the Barreau du Quebec consulted, (iii) when were judges from the QCCA consulted; (e) when was the issue of Justice Nadon’s eligibility first raised, (i) by whom, (ii) how, (iii) with what response; (f) concerning Justice Nadon, (i) from whom did the government seek legal opinions, (ii) on what dates, (iii) at what cost, broken down by opinion, (iv) how many lawyers from Quebec were consulted on Justice Nadon’s eligibility, (v) how many judges from Quebec were consulted, (vi) what scholars from Quebec were consulted; (g) by what measure was the litigation risk evaluated relative to Justice Nadon’s appointment, (i) by whom, (ii) on what date, (iii) what communications were sent between the Department of Justice and the Minister of Justice regarding the risk of litigation surrounding the appointment; (h) with respect to assessing Justice Nadon’s eligibility, (i) what was the role of the Department of Justice, (ii) what was the role of the Office of the Commissioner for Federal Judicial Affairs, (iii) what was the role of the Minister of Justice, (iv) what steps did the Minister of Justice take to assure himself of Justice Nadon’s eligibility to assume a Quebec seat on the Supreme Court of Canada; (i) how much funding is allocated to any defence needed to a legal challenge to Justice Nadon’s appointment; (j) is the government aware of any instance in which a Supreme Court justice has stepped aside from his or her duties; (k) what steps is the government taking proactively (i) to ensure that Quebec is not under-represented at the Supreme Court of Canada while Justice Nadon is recused, (ii) to ensure gender parity at the Supreme Court of Canada; (l) what steps has the government taken with regard to addressing the lack of racial diversity at the Supreme Court of Canada; (m) who developed the questionnaire provided to judges in the most recent round of Supreme Court appointments, (i) what specific questions were asked of judges, (ii) what information was sought from potential justices during the process; (n) for each of the last six appointment cycles, what were the questions given to judges and what additional information was sought from candidates; and (o) what steps are being taken to modify the process of Supreme Court appointments for the next vacancy? — Sessional Paper No. 8555-412-74.
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