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QUESTION PERIOD — Privy Council Office

Governor-in-Council Appointments

May 11, 2023


Hon. Claude Carignan [ + ]

I think it is important to come back to this country’s shortage of judges, which can be attributed to the inertia of the government you represent.

When the Chief Justice of the Supreme Court of Canada takes the liberty of publicly rebuking your government, it’s a sign that the situation has become intolerable and that it’s jeopardizing timely access to justice.

Senator Gold, you know how the selection process for judges works. I am familiar with it, having spent three years on a judicial advisory committee. There is a pool of potential judges who have been pre-approved by the committees, so all your Prime Minister has to do is use the list of recommended candidates to fill the 85 judicial vacancies.

I can’t help but remember Radio-Canada’s exposé from October 2020 about how the judicial selection process was being politicized by the Prime Minister’s Office.

Leader, can you assure us that the reason the Prime Minister isn’t filling this country’s judicial vacancies isn’t that there aren’t enough card-carrying Liberals among the candidates pre‑approved by independent committees? If that’s not the reason, then can you tell us what is?

Hon. Marc Gold (Government Representative in the Senate) [ + ]

Thank you for the question. To emphasize the importance of matters related to the appointment of judges, as I said recently in this chamber, the government has appointed more than 600 judges since it took office in 2015, and it has also created a significant number of judicial positions in order to help judges manage their workload. The government takes into account the recommendations of the judicial advisory committees that review the applications, as well as the needs of the court.

The government is also trying to ensure that the justice system reflects the country that it serves. Merit, not political affiliation, is the guiding principle for the process. The government is working to fill the vacancies in various provinces. The minister has spoken with members of the judiciary and the bar to encourage more people to apply.

As I have said, the government continues to make appointments at a steady pace, and I have been informed that the number of vacancies will continue to decline.

Despite getting such a detailed answer, I have another question.

Considering his personal knowledge, would the government leader at least acknowledge that the shortage of judges, which the government is responsible for, could lead to dangerous criminals being released, thus endangering public safety? Indeed, this is probably already happening because of the Jordan decision.

Senator Gold [ + ]

Thank you for the question. The government’s position is that it will continue to appoint judges at an appropriate pace. More importantly, the Government of Canada has full confidence in the judiciary, which is capable and responsible for managing its cases, particularly the chief justices, and I speak from experience there. We will continue to work with the judiciary on our side, and we will also continue to fill those positions that are still vacant.

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