My question is for the Leader of the Government in the Senate. Senator Harder, after months of pressure from the Senate Legal Committee, the Justice Minister has finally appointed 24 judges. That leaves 40 more to go. Last week, I asked about the huge number of judicial vacancies. This is a major factor in criminal court delays, and it recently led to a first-degree murder charge being dismissed. You replied that we only have 5 per cent judicial vacancies in Canada.

Last week, Nunavut's Justice Deputy Minister told our Legal Committee: ". . . our main concern respecting delays in the criminal justice system is the ongoing shortage of judges . . . "

Two out of their six judicial seats are vacant. Senator Harder, that is a 33 per cent vacancy rate, and none of the judges named last week will fill these Nunavut spots. Why are the people of Nunavut being left out in the cold? Is it because their only M.P., Hunter Tootoo, is no longer a Liberal M.P. or cabinet minister?

Hon. Peter Harder (Government Representative in the Senate): I thank the honourable senator for her question and ongoing interest in judicial appointments.

You are quite right, senator, to refer to the announcement last week of, I believe, 24 justice appointments. I would note that 14 of them are women and that the desire of the government to have a judiciary that is more reflective of us, the citizens, is a desirable outcome.

I look forward to the minister continuing to make those appointments in a timely fashion. And I will, of course, bring your question to the attention of the minister.

This is an ongoing issue of concern to a number of members of the judiciary. The minister is very sensitive to this and is taking appropriate steps to seek an acceleration while ensuring that the process of identifying and selecting judges is more transparent, more open and more inclusive in its conclusions.

Senator Batters: Senator Harder, there has been no indication from the justice minister, who approved the names of these new judges. Hopefully, it was someone other than just Gerry Butts. I did note that several of these new appointments are Liberal Party donors. So, Senator Harder, did these names come from more pay-to-play fundraisers like the $500 private reception with the justice minister held at a Bay Street law firm? Or did the Trudeau government finally take our advice, and the advice of the Supreme Court's Chief Justice, and use approved names from the conservative government's judicial advisory committee lists? If you did use the lists, then why is the Liberal government dismantling our well-functioning JAC system? This will only compound Canada's court crisis.

Senator Harder: I thank the honourable senator for her question and, of course, I would not accept the premise of a large part of her rhetoric.

The government is very confident that we have put in place a process of appointing judges that is transparent and accountable to Canadians and promotes greater diversity on the bench. That is the objective that the minister has stated for herself. The application process is rigorous and detailed, and it is the expectation that the judicial advisory committees, as they are rebalanced in size and composition, will reflect this in the recommendations that come forward as the minister makes her decisions.

Hon. Mobina S. B. Jaffer: Leader, as you know, the Legal Committee has been travelling, and when we were in Alberta the Chief Justice there was very vocal on the vacancies. And when I asked him the question of how long these vacancies had been in place, he very promptly informed me that these vacancies are not since the Liberal government came into power. These vacancies are long-standing.

Some Hon. Senators: Oh, oh!

Senator Jaffer: I am one of those people who want judges to be appointed as soon as possible, so that's not the issue. But Leader, what the minister is trying to do is to have committees that suggest names of people the judicial committees should be looking at as representatives. What the Prime Minister and the minister are trying to do is form committees that will reflect the new Canada. At the moment, as you know, there is no person of colour on the Supreme Court of Canada. We have very few — one or two — in the British Columbia Supreme Court.

So the question I would like to ask you is if you can tell us how many Aboriginal judges are in the Supreme Court of Canada and in the Court of Appeal, and how many people of colour are on the Supreme Court of Canada and the Court of Appeal. What the minister is trying to do is to reflect the new face of Canada, and that's why she is taking her time. And I applaud her for that, but I ask you to find this information out for me.

Senator Harder: I thank the honourable senator for her question and her commitment to hold the government to account for diversity to which it has committed itself.

I, of course, will find the information that is requested, but I do think the honourable senator knows the answer to that with respect to the Supreme Court, and I would be happy to share that information with all senators.

And the honourable senator is quite proper in highlighting the distance that we have to go in this country and that the first step has begun with the courage the minister has taken to take the time to put in place the mechanisms that will achieve the diversity that Canada ought to have in its judicial system at this most senior level.