SoVote

Context: House Hansard - 316 - May/23/24

May/23/24 7:31:25 p.m.
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Madam Chair, we have increased the number of judges in this country over the last nine years by 116 in total. The number of judges that I have been able to appoint in nine short months in this office is 106. The average of the Harper government, annually, was 65. We are literally working at twice the rate of the previous Conservative government.

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Context: House Hansard - 316 - May/23/24

Mr. James Maloney (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.)

May/23/24 8:03:14 p.m.
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Madam Chair, it is a pleasure to rise again this evening to join this conversation that is so central to our democracy. There is something I want to talk about, that I touched on earlier, about federally appointed judges and our judiciary in Canada, which is one of the strongest in the world, in my opinion. We are very fortunate in Canada to have an independent and highly regarded judiciary that is respected around the world. Canada's exceptional superior court judges are appointed through a robust, independent process, a process that our government was proud to establish in 2016. This process emphasizes transparency, merit and the diversity of the Canadian population. It continues to ensure that Canadian superior court judges meet the highest standards of excellence and integrity. Our government considers judicial appointments a priority. We recognize that a strong and independent superior court judicial appointment process is crucial to public confidence in our justice system. That is why, in October of 2016, our government implemented significant reforms to the superior court judicial appointment process. These changes were designed to increase the openness and transparency of the process, promote diversity on the superior court bench and help bolster Canadians' confidence in the process by which their superior court judges are appointed. Today, I would like to highlight some of these crucial reforms. First, our government introduced changes to promote diversity on the superior court bench. Ensuring our superior court judiciary reflects the diversity of Canadians is fundamental to a fair and effective justice system. When Canadians see themselves reflected in those who sit on the bench, their overall confidence in the administration of justice increases. The application form for superior court appointments was reworked to allow applicants to share their experiences, tell their stories and self-identify by gender; as indigenous, 2SLGBTQI+, racialized, a member of a cultural or ethnic group; and as living with a disability if they chose to do so. Another one of our reforms was to reconstitute the judicial advisory committees, JACs, to be more reflective of the diversity of our local communities and to provide members with training on diversity, on conscious bias and assessment of merit. The JACs play an important role in the appointments process. They are responsible for considering applications, assessing each applicant as either highly recommended, recommended or unable to recommend for appointment, and reporting their assessments to the Minister of Justice. Another reform was with respect to the independence and effectiveness of the JACs. In addition to promoting diversity, the 2016 changes increased the independence and effectiveness of the JACs. We instituted an open selection process for the three JAC members who represent the general public, to give any member of the public the opportunity to express their interest in being involved, and to ensure that Canadians are properly represented in the appointment process. The next reform is with respect to transparency and rigour. Our 2016 reforms to the superior court appointment process included measures to increase transparency. Since 2016, the commissioner for federal judicial affairs, which administers the appointment process, has collected and published statistics and demographic information on those who apply for judicial appointments and those who are appointed. This publicly accessible information, published on the commissioner's website, helps Canadians gain a better understanding of the makeup of our superior court judiciary, the work of the JACs and the number of highly qualified jurists who are motivated to serve their communities as judges. In the 2022 reforms to the superior court appointment process, we made further changes to the process in response to comments we received from organizations such as the Canadian Judicial Council and the Canadian Bar Association. The application form was revised to ensure that the JACs received thorough, comprehensive and relevant information on candidates. The revised form also incorporated more respectful and inclusive language while continuing to give candidates the flexibility to highlight their experiences, including their interactions with their communities, and explain how their experiences have shaped them. I am proud that since the reform process was implemented, more than half of the new judges appointed are women and the appointments broadly provide representation that is more in line with the diversity of Canadian society. I would also emphasize that this government has, time and time again, demonstrated a meaningful commitment to access to justice by increasing the number of judges serving Canadians. Beginning in budget 2017, our government has funded 116 new judicial positions. Furthermore, most recently, in budget 2024, we have proposed that 17 judicial positions originally allocated to unified family courts in budget 2018 be repurposed to general trial courts. This would allow for a timely response to demonstrated current pressures on superior courts, including family matters. I fully appreciate the critical importance of filling vacancies, and I am committed and the minister is committed to continuing to do so as quickly as possible. Since November 2015, this government has made more than 730 judicial appointments. We are pleased that since his appointment in July 2023, this minister has announced over 100 appointments, as he mentioned earlier. There will always be more steps to take and more improvements to make to ensure access to justice for Canadians. It takes the decisions and actions of a myriad of stakeholders who continually show their dedication to this laudable goal. I am deeply committed to continuing to do what I can to ensure a just and accessible justice system, since that is one of the reasons that I personally chose to enter public life. I know I share that sentiment with our Minister of Justice. I am proud that the federal government is doing its part as is unequivocally demonstrated by the minister's appointment record and by the government's support for new judicial resources in federal budgets. To conclude, I will return to where I started. Our reformed superior court judicial appointments process has allowed us to continue to appoint outstanding jurists, members of a globally respected independent judiciary. Since implementing the major reforms to the appointments process, hundreds of outstanding jurists have been appointed to the superior courts across the country. They are respected in their communities and come from a broad range of backgrounds and practice areas. Every day, these exceptional judges are serving Canadians and fulfilling their unique and crucial role in our justice system. These judges were appointed through the reformed appointments process that serves Canadians well. It is a process that emphasizes transparency and merit, that reports on its progress and that works toward a bench that better reflects Canada's diversity. Madam Chair, I am going to use the balance of my time to put a few questions to the minister, if I may. The first question is on an issue that comes up time and time again. I mentioned earlier that I am proud of the fact that I practised in the courts of Ontario for a lengthy period of time. I am proud of the fact that we have one of the greatest judiciaries in the world. I have never been let down by our judiciary. By practising for so long and appearing in courtrooms in most cities in Ontario, I spent a lot of time asking questions. However, there is a question that I never once asked when I walked into a courtroom: Who appointed this judge? Do members know why? It is because it does not matter, because we have faith in our system and Canadians have faith in our system. Unfortunately, the Conservative opposition members, every opportunity they get, pose a question. They allude to the fact that our system is somehow tainted. They allude to the fact that our appointments process is inadequate. All that does is undermine the confidence Canadians have in our system when they have every reason to have total confidence in our system. Is the fact that I never asked that question a reflection of our government's approach? The allegation that this government has any political input into the appointment of judges, in my opinion and in my experience, is absolutely and utterly false and I would like to hear the minister's views on this.

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Context: House Hansard - 316 - May/23/24

Hon. Arif Virani (Minister of Justice and Attorney General of Canada, Lib.)

May/23/24 8:12:25 p.m.
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Madam Chair, let me be crystal clear to the parliamentary secretary, and I thank him for his work, that partisanship, donation history and political involvement have absolutely zero impact or role in the appointments process. When I am making a suggestion to pursue an appointment, there is no evidence that is put before me with respect to any donation history, political involvement or partisan activity. I am pleased that this is a laughing matter for some of the lawyers opposite, but what I can say to these individuals is that 80% of the individuals who have actually been appointed, out of the 730 that we have appointed since 2015, have zero donation history of any kind. That is really critical to enhancing Canadians' confidence in the administration of justice in this country. I would say that I share that opinion. I am actually delighted when I travel within this country, or even outside of this country, when people talk to me about the high quality of jurists that we have in Canada. We will continue to appoint jurists of the highest quality who have gone through that JAC process, who have come out as either recommended or highly recommended, because that preserves the integrity of the system and preserves Canadians' confidence in our judicial system. The fact that we are also, at the same time, reflecting the diversity of communities is an additional bonus. What I said earlier and will say again is that 50% of the appointments we have made are women. That is critical in terms of ensuring that all people see themselves reflected on the bench in Canada.

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Context: House Hansard - 316 - May/23/24

Hon. Arif Virani

May/23/24 10:08:19 p.m.
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Mr. Speaker, there is a lot to say. First, I added people to my ministerial team. I sped up background checks for candidates. I extended the eligibility period for a candidate who has already been assessed to three years. I extended the terms of each committee that makes recommendations on judicial appointments. I am working in close collaboration with judges themselves to understand their needs, for example in Quebec, in such expertise, in criminal law, in family law, et cetera. We are working as fast as we can to appoint more judges and to provide judges to the courts that need them.

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