Justice minister won't meet premiers' demand for 'sea change' to how judges are appointed
Premiers Ford, Legault, Moe and Smith want a greater role in appointments
Alberta
Premier Danielle Smith, left, Saskatchewan Premier Scott Moe, centre,
Ontario Premier Doug Ford and Quebec Premier François Legault, not
pictured, have written to Prime Minister Mark Carney saying they want
more of a role in how the federal government appoints judges in their
respective provinces. (Jeff McIntosh/The Canadian Press)Justice Minister Sean Fraser says he has no plans to change how judges are appointed in Canada despite four premiers writing to Prime Minister Mark Carney to ask for more of a say in the process.
"We haven't changed our point of view that we believe that the judicial appointments process is functioning," Fraser said Tuesday on his way into a cabinet meeting.
Fraser said there is already a mechanism by which the provinces can consult with the federal government over judicial appointments, and that process is working.
"If provinces want a greater role, we welcome them to take part in that consultation process when we reach out," he said.
Justice minister open to more provincial consultation on judicial appointments, but not 'a sea change'Alberta Premier Danielle Smith, Saskatchewan Premier Scott Moe, Ontario Premier Doug Ford and Quebec Premier François Legault's letter to Prime Minister Mark Carney asks for reforms to the process for how justices are appointed to superior and appeal courts in the provinces, as well as how justices are appointed to the Supreme Court of Canada.
In Canada the federal government appoints judges to the Supreme Court, Federal Court, superior courts, appeal courts and the Tax Court of Canada.
Lawyers seeking a federal appointment begin by applying to the Commissioner for Federal Judicial Affairs. Candidates that meet the eligibility criteria are evaluated by seven-member federal judiciary advisory committees in each province.
The committee then provides the federal justice minister with a list of names to choose from for each appointment. Fraser says he has regularly reached out to seek feedback from his provincial counterparts about the names provided to him by the committees.
"To the extent that [the premiers] wish to have a conversation about how we can strengthen the role of that consultation, we'd be open to it. But we're not contemplating a sea change in the manner in which judges are appointed," he said.
The provinces, meanwhile, make judicial appointments to provincial and territorial courts in their jurisdictions as well as to family, youth and small claims courts.
Meeting an international standard
The premiers' letter says that in countries like the U.S., Germany, Australia and Switzerland, provincial-level governments make appointments to the equivalent of superior and appeal courts in their respective juristictions and they want that same authority afforded to them.
"We are therefore requesting that federal judicial appointments for superior trial courts and courts of appeal of the provinces be chosen from candidates recommended and approved by the relevant provincial government," the letter says.
The premiers say they also want full access to the same background information used by the federal judicial committees when selecting candidates.
"Active engagement of our governments will help ensure that judicial appointments appropriately reflect the diversity and the unique needs of each province and territory," the letter says.
The premiers also say they want reforms to how Supreme Court justices are appointed, but the letter does not include what specific changes they want for that process.
Justice minister says judge appointment process working but welcomes provinces 'to take part'Fraser said that he personally receives "a lot of positive feedback" from every province and that back and forth has let to a number of "excellent appointments."
He said that he hopes that process continues.
Industry Minister Mélanie Joly suggested that the premiers' proposal is worth thinking about.
"We've always taken into consideration the different proposals by the Quebec government and by provinces and I think we should be open to it," she said.
"I think the more we're able to showcase collaborative federalism in our country and make it work more, Canadians win across the country from it."
Ford has openly criticized judges in his province, accusing them of being soft on crime, interfering in municipal issues and even basing their decisions on ideology.
He went as far as to suggest that Ontario should consider electing judges, like they do south of the border, because doing so would make them more accountable for their decisions.
"These judges that are bleeding hearts, I can't wait until they retire. Matter of fact, I'll pay them to retire earlier. I'll pay you out, for two, three, four years. Just get out of the system," he said last year.
More recently Ford called for an Ontario judge to apologize for suggesting that three Toronto police officers lied and colluded in a high-profile criminal trial.
Earlier this year Smith said her province needs more say in how upper court judges in Alberta are appointed because "80 per cent of the judges or so have been demonstrated to have Liberal Party donations."
That figure, however, does not correspond to a CBC News analysis of the 89 Alberta judges the Liberal government named or promoted since taking office in 2015. That analysis found only 20 of the 89 names match up with Liberal Party donors in the Elections Canada database, about 22 per cent of appointees.
Last month, Smith went so far as to threaten to withhold funding to support federally appointed judges in her province without more of a say on how they are appointed.
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