Proposed changes to judge-selection process draw fire.

Ottawa -- Illustrating that the elite legal establishment still has a powerful hold on all aspects of the justice system in Canada, Justice Minister Vic Toews came under attack from several legal sectors recently for simply putting forth a proposal that would allow for the inclusion of police representatives on the membership of judicial advisory committees.

According to the Federal Judicial Affairs website, these committees are responsible for assessing the qualifications for appointment of the lawyers who apply. The Minister of Justice, with the assistance of the Commissioner for Federal Judicial Affairs, selects persons to serve on each committee who reflect factors appropriate to the jurisdiction, including geography, gender, language and multi-culturalism. Committee members are appointed by the Minister of Justice to serve two-year terms, with the possibility of a single renewal.

Toews' reform proposal supposedly prompted "great consternation" in the legal community, which charged it appeared to violate an "unwritten principle" of judicial independence. The issue was reported to have "united the legal community like few other issues have in recent times," with the Canadian Judicial Council, the Canadian Bar Association, the Federation of Law Societies of Canada, the Criminal Lawyers' Association and the Advocates Society all being sharply critical. Supreme Court Chief Justice Beverly McLachlin took the lead in rebuking Toews for allegedly committing a sin against "the independent advisory process for judicial appointments" (Globe and Mail, Nov. 17, 2006).

However, Toews also drew support for his proposed measure. Russ Brown and Moin Yahya, assistant professors in the Faculty of Law at the University of Alberta, noted that, "The entire (judicial appointment) process is carried out in secret. The business of judges is done in the light; the appointment of judges is done in the dark. It may be 'independent,' if independent means free of political influence. But no one knows for sure except the participants and they're not telling" (National Post, Nov. 21, 2006).

Comment: Social conservatives will like-welcome changes to a process that, to this point, has seen a surfeit of left-liberal jugdes appointed to the bench throughout Canada for many years. More diverse input into the selection of judges can only be a good thing. Readers should write the new Minister of Justice, Rob Nicholson--who has just succeeded Vic Toews, and tell him so.