MINISTER OF JUSTICE INITIATES REFORMS TO THE JUDICIAL APPOINTMENTS PROCESS

OTTAWA , October 25, 2005 – Minister of Justice and Attorney General of Canada, Irwin Cotler, today announced a series of initiatives to enhance transparency, accountability and public understanding of the judicial appointments process.

“Our judicial system is studied around the world as a model of excellence, fairness and independence,” said Minister Cotler. “The measures announced today will enhance public confidence and appreciation of the merits of the judicial appointments process.”

The Minister tabled three key documents when appearing today before the House of Commons Subcommittee on the Process for Appointment to the Federal Judiciary:

The initiatives announced - including the tabling of three key documents - include:

1. A Code of Ethics for members of the committees who review the applications of those seeking judicial appointments. The Code of Ethics - tabled by the Minister - covers such matters as conflict of interest, communications with persons outside the Committee, and confidentiality.
2. Releasing the Guidelines that govern the Advisory Committee Members’ participation in the process.
3. Tabling the Mandate Letter provided to Committee Members.
4. The Minister has also asked the Office of the Commissioner for Federal Judicial Affairs, an arms-length federal organization that administers the appointments process, to publish on an annual basis:

• A list of current members on the committees; and
• Information on applications for judicial office, including total number and number of those that are recommended and highly recommended.

All judicial appointments continue to be based on the over-riding principle of merit. Under the current appointments process, independent judicial advisory committees assess the qualifications of applicants against merit-based criteria. The Minister will only consider for appointment those identified as recommended or highly recommended by these committees.

This process applies for all federal judicial appointments, with the exception of those to the Supreme Court of Canada. In April 2005, the Minister released a reformed and more transparent process specific to Supreme Court of Canada appointments.

“We agree that our appointments system has been successful in ensuring excellence on the bench,” added Minister Cotler. “Any reform of the appointments process must ensure that we preserve this legacy.”

The Minister has met with various experts on the judicial appointments process and heard suggestions on how to improve it. These discussions are ongoing as the Minister considers whether further reform measures are necessary or advisable. The Minister will also have the benefit of the Subcommittee’s deliberations in making this assessment. Any change will need to satisfy the merit principle, be consistent with Government’s constitutional authority to make judicial appointments and be sensitive to the practicalities of processing approximately 500 applications a year for the close to 50 appointments that are made annually.

To access online versions of the Code of Conduct and Guidelines, visit: http://www.fja.gc.ca/home/index_e.html

To learn more about the reformed Supreme Court of Canada appointments process, visit: http://canada.justice.gc.ca/en/news/nr/2005/doc_31586.html

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Ref.:

Mylène Dupéré
Press Secretary
Office of the Minister of Justice
(613) 992-4621

François Giroux
Judicial Affairs Advisor
Office of the Minister of Justice
(613) 992-4621