Senator Harder, the Standing Senate Legal and Constitutional Affairs Committee released a unanimous report to address the crisis in criminal court delays. We recommended that the federal justice minister immediately fill judicial vacancies. At the time, there were 45 vacancies. Now that number has ballooned to 61. The Trudeau government's inaction on this file is drastically impacting Canada's criminal justice system.

We have reached a crisis point. Senator Harder, the worst-case scenario has now happened: A first-degree murder case was dismissed in Alberta due to prolonged court delays.

The justice minister has been saying for months that she will make judicial appointments, "very soon," "shortly," and "in the near future."

This Liberal government is all talk and no action. Senator Harder, as our Legal Committee pointed out, filling judicial vacancies is one way the Trudeau government can act right now to decrease court delays. You don't need to study it. You don't need to consult. When will this government just act?

Hon. Peter Harder (Government Representative in the Senate): I thank the honourable senator for her question, and I can assure the honourable senator that the Government of Canada welcomes the report of the Standing Senate Committee on Legal and Constitutional Affairs in respect to this subject.

The government has proposed and is undertaking a review of judicial appointments processes to ensure they reflect the principles of transparency, accountability and diversity and is working with provincial and territorial counterparts to improve the efficiency of the courts, as well as the appropriate appointment of vacancies.

To put it in context, the vacancy percentage is about 5 per cent of the overall federal judicial positions. I'm not for a moment saying that that is not an issue that needs addressing. I think it's important to remind Canadians that the system of judicial administration continues to proceed well in Canada and that the appointments process is one that the Government of Canada is addressing vigorously, and I would expect appointments in the coming weeks.

Senator Batters: Senator Harder, immediately before Prime Minister Trudeau appointed you Leader of the Government in the Senate, you were the head of the Liberal government transition team. Appointments are one of the most critical duties of a transition team. Judicial appointments are some of the most important appointments a government makes. After one year of governing, this government has named only 15 judges. Sixty-one vacancies remain.

The justice minister has not set up the machinery to make judicial appointments. She hasn't filled the judicial advisory committees across Canada, the very panels that recommend nominees to fill court vacancies. I am astounded it took the justice minister 10 months to hire a judicial affairs adviser in her office, a critical position for appointing judges.

The Chief Justice of the Supreme Court of Canada has called this situation a crisis. By dragging its feet on these appointments, this Trudeau government is putting our criminal justice system in peril.

As transition team head, what advice did you give the government on filling these vacancies expeditiously? Did the Trudeau government ignore your advice, or did you fail to give it?

Senator Harder: I want to thank the honourable senator for her question. Of course it would be completely inappropriate for me to comment on advice I gave in a different role.