One of the country’s most prominent legal advocacy groups is criticizing the Trudeau government’s judicial appointment process, saying the “political vetting of candidates” could undermine Canadians’ trust in the judiciary.
In an open letter dated Nov. 6, the Canadian Bar Association said the federal process is “open to speculation about political interference” — echoing opposition critics’ accusations about the government’s extensive background checks on candidates for judicial office.
“It is time to make the system less open to manipulation,” says the letter, signed by CBA president Brad Regehr.
As previously reported by CBC/Radio Canada, the federal government uses the Liberal Party of Canada’s private database — called Liberalist — in the vetting process for would-be judges, allowing the government to learn the full extent of a candidate’s financial contributions to the party. The database states whether and when someone was a member of the Liberal Party and whether they participated in electoral campaigns or leadership races.
The CBA said there is nothing wrong with lawyers making financial contributions to various political parties, but those donations should not be factored into the selection of new judges.
“By continuing a process that is open to speculation about political interference, the government risks eroding the confidence of the public in the independence and fairness of the justice system itself — particularly in marginalized communities that already feel the system doesn’t work for them,” the letter said.
In the House last week, Justice Minister David Lametti said that judicial appointments are based on merit and the goal of increasing diversity in Canadian courtrooms. He said the reforms introduced by the Liberal government in 2016 were aimed at depoliticizing the process — in large part by relying on candidate assessments made by Judicial Advisory Committees.
“We changed and improved the judicial appointment process precisely because the former Conservative government was making very partisan appointments,” he said. “Yes, we do hold consultations, but they are broad-based, thorough consultations with the entire legal community. I am very proud of the quality and diversity of the appointments I have made.”
‘A potential for scandal’
Last year, a Liberal official in Lametti’s office complained to his superiors, claiming the Prime Minister’s Office was playing an overbearing role in the judicial appointment process. According to emails obtained by Radio-Canada, François Landry warned that partisan considerations have created the “potential for a scandal” in the federal nomination process.
In an interview with Radio-Canada last month, former justice minister Jody Wilson-Raybould confirmed the existence of political pressure in the selection of new judges. She said she is proud of the more than 200 judicial appointments she oversaw but acknowledged she felt a need to “insulate that process” from partisan considerations.
Former justice minister Jody Wilson-Raybould says that she tried to shield the judicial appointments process from political considerations. (Cole Burston/The Canadian Press)
“During my time as minister, there were people in the centre, the Prime Minister’s Office, other ministers, Liberal partisans, who would take great interest in the appointments process,” she said.
“There is a sense that some people still carry that appointments, whether they be to the bench or otherwise, that you can curry favour if you are a partisan or if you have done something to benefit the party.”
In its open letter, the CBA added that the vetting process conducted by various federal officials has hindered the government’s ability to quickly fill vacancies in courts across the country.
“It can be argued that the political vetting of judicial applicants — which happens after the Judicial Advisory Committees have made their recommendations [of which lawyers are qualified for a nomination] — has been a factor in the number of vacancies on the bench, which is a direct contributor to court delays and the access to justice crisis in Canada,” said the CBA’s letter.
FREDERICTON – A look at David Coon, leader of the Green Party of New Brunswick:
Born: Oct. 28, 1956.
Early years: Born in Toronto and raised in Montreal, he spent about three decades as an environmental advocate.
Education: A trained biologist, he graduated with a bachelor of science from McGill University in Montreal in 1978.
Family: He and his wife Janice Harvey have two daughters, Caroline and Laura.
Before politics: Worked as an environmental educator, organizer, activist and manager for 33 years, mainly with the Conservation Council of New Brunswick.
Politics: Joined the Green Party of Canada in May 2006 and was elected leader of the New Brunswick Green Party in September 2012. Won a seat in the legislature in 2014 — a first for the province’s Greens.
Quote: “It was despicable. He’s clearly decided to take the low road in this campaign, to adopt some Trump-lite fearmongering.” — David Coon on Sept. 12, 2024, reacting to Blaine Higgs’s claim that the federal government had decided to send 4,600 asylum seekers to New Brunswick.
This report by The Canadian Press was first published Sept. 19, 2024.
FREDERICTON – A look at Blaine Higgs, leader of the Progressive Conservative Party of New Brunswick.
Born: March 1, 1954.
Early years: The son of a customs officer, he grew up in Forest City, N.B., near the Canada-U.S. border.
Education: Graduated from the University of New Brunswick with a degree in mechanical engineering in 1977.
Family: Married his high-school sweetheart, Marcia, and settled in Saint John, N.B., where they had four daughters: Lindsey, Laura, Sarah and Rachel.
Before politics: Hired by Irving Oil a week after he graduated from university and was eventually promoted to director of distribution. Worked for 33 years at the company.
Politics: Elected to the legislature in 2010 and later served as finance minister under former Progressive Conservative Premier David Alward. Elected Tory leader in 2016 and has been premier since 2018.
Quote: “I’ve always felt parents should play the main role in raising children. No one is denying gender diversity is real. But we need to figure out how to manage it.” — Blaine Higgs in a year-end interview in 2023, explaining changes to school policies about gender identity.
This report by The Canadian Press was first published Sept. 19, 2024.
OTTAWA – The pressing issues of climate change and food security join more familiar ones like violent extremism and espionage on a new list of Canada’s intelligence priorities.
The federal government says publishing the list of priorities for the first time is an important step toward greater transparency.
The government revises the priorities every two years, based on recommendations from the national security adviser and the intelligence community.
Once the priorities are reviewed and approved by the federal cabinet, key ministers issue directives to federal agencies that produce intelligence.
Among the priorities are the security of global health, food, water and biodiversity, as well as the issues of climate change and global sustainability.
The new list also includes foreign interference and malign influence, cyberthreats, infrastructure security, Arctic sovereignty, border integrity and transnational organized crime.
This report by The Canadian Press was first published Sept. 19, 2024.
