Canada’s founding principles are Peace, Order, and Good Government. These principles dictate that the administration of justice is not biased by political views, personal ambitions, or vested interests of individuals, corporations, or governments. The selection of judges then must be made through a process that includes:
- independence from political influence,
- careful scrutiny by qualified persons,
- balanced representation of civic, prosecutorial, and criminal defense branches of law.
A lengthy article by Sean Fine in the July 28 issue of The Globe and Mail examines the way in which the Conservative Government has “passed dozens of crime laws that reduced judges’ power to decide on a sentence”, and “has engaged in an effort unprecedented since 1982 when the Charter of Rights and Freedoms took effect: to appoint judges most likely to accept that loss of discretion”. Mr. Fine’s article notes that the Conservative government has named about 600 of the 840 judges on provincial superior courts, appeal courts, the Federal Court, and Tax court. Critics have raised questions about the neutrality and fairness in the selection of judges because of the close association of judges and politicians in appointments. Categories of nominees are no longer balanced since prosecutors and business attorneys have been favoured while criminal defense lawyers have been left aside., Mr. Fine notes in his article that Mr. Harper has been a critic of the Charter of Rights and Freedoms and that early in his role of Prime Minister that “he wanted to choose judges who would support his crackdown on crime.”
In this blog I have simply quoted excerpts from the complete article by Sean Fine which can be accessed on line Stephen Harper’s Courts. This well researched article is food for thought as we consider what kind of country we want Canada to be, how we vote in October and how, as responsible citizens, we respond to actions of Government or proposed laws debated in Parliament.
Pat McKeon CSJ