May 07, 2005

Hansard May 4, 05: Senior Quebec Liberal . . . Checking Liberal Credentials of Judicial Candidates

Hansard: May 4, 05

Mr. Vic Toews (Provencher, CPC): Mr. Speaker, a senior Quebec Liberal, Mr. Corbeil, has admitted that members of the justice minister's so-called independent panel told him to see about the Liberal credentials of judicial candidates. The Minister of Justice may not believe these serious allegations, but owes it to the independence of the judiciary to refer this matter to the Judicial Council for a full review. It is a prudent thing to do.

Why will he not take the steps to prove these allegations wrong, unless he knows them to be true?


Hon. Irwin Cotler (Minister of Justice and Attorney General of Canada, Lib.): Mr. Speaker, as Minister of Justice I never inquire into the political affiliation of any candidate. I could not care less what the political affiliation is of any candidate. We make merit based appointments and that is it.

Mr. Vic Toews (Provencher, CPC): Mr. Speaker, the point is this so-called independent panel does the screening for the minister. It checks Liberal credentials before he gets to see them. The minister may say that he has no knowledge of this, but the system has been set up to ensure that it is Liberals who make it to this final panel.

If there is no truth to these allegations, why does he not refer the matter to the Judicial Council for a full hearing? This is a clear way to clean up this cloud on Canadian judges.


Hon. Irwin Cotler (Minister of Justice and Attorney General of Canada, Lib.): Mr. Speaker, if the Minister of Justice were to refer allegations made by any private citizen at any time for any reason, we would be
referring allegations all the time. That would be an assault on the principles of the rule of law in this country.

* * *

Mr. Jason Kenney (Calgary Southeast, CPC): Mr. Speaker, Benoît Corbeil said recently that a member of the judicial selection committee had called him on a number of occasions to find out whether a lawyer had indeed worked for the party. He said, “He asked me whether a certain lawyer had devoted a lot of time to the party. When it was the case, I said so. A few weeks later I discovered that the lawyer in question had been appointed a judge”.

Why is the justice minister refusing to act on these very serious revelations, which cast doubt on the integrity and the independence of the judicial system?


Hon. Irwin Cotler (Minister of Justice and Attorney General of Canada, Lib.): Mr. Speaker, because I want to protect the independence of the judiciary.

[English]

Mr. Jason Kenney (Calgary Southeast, CPC): Mr. Speaker, what the Minister of Justice refuses to recognize is that these revelations were not made by some observer. They were made by the director general of the Liberal Party of Canada in Quebec who said that he received calls from members of what the minister calls an independent review panel to ask if these people had done sufficiently good work for the party to qualify for the bench.

Canadians have never before heard more serious accusations, questioning the integrity of the judiciary. It is incumbent upon the minister to look into this matter now and to do it seriously. Why will he not act on this?

Hon. Irwin Cotler (Minister of Justice and Attorney General of Canada, Lib.): Mr. Speaker, because the director general is due to appear before the very Gomery commission process. This House is supposed to respect its proceedings. That is what I intend to do.


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