In the Legislative Assembly on February 21st, 2007. See this topic in context.

Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

February 20th, 2007

Page 1068

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. Mr. Speaker, last week in this House I asked the Minister of Justice questions about the proposed changes to the judiciary appointment process at the federal level that affects Supreme Court judges and Appeal Court judges and he indicated that he would take that matter back to Cabinet and would return to this House before the break, which is tomorrow. I'd just like to ask the Minister if he would be prepared, or is he ready, to report back on the discussions and the position that Cabinet may have? Thank you.

Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. The honourable Minister responsible for Industry, Tourism and Investment, Mr. Bell.

Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. Government doesn't have a position. Cabinet doesn't have a position on something that is largely under the federal authority and is a federal matter, but I'm more than prepared to give my opinion about what I see as a lack of change in terms of the appointment process. The one change, I think, that has legitimately been identified is that the police will have a voice on the nomination committees, there will be a seat, I think it's one of the seven or one of the eight that will be reserved for the Canadian Police Association. Aside from that, I don't see a change, personally, Mr. Speaker, but again, I'll make the point that we don't have a Cabinet position or a government position on something that's largely outside our authority. Thank you.

Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bell. Supplementary, Mr. Miltenberger.

Supplementary To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. I know that we're the creatures of the Northwest Territories Act; we're heavily influenced by decisions of federal judges both at the Supreme Court level and the appeal level. I would just like to ask the Minister, I mean, clearly there's a difference of opinion where those on the right say this is a good idea, there is a change and there is going to be an ability to put all sorts of party faithful, good Conservatives on the new committees. I want to ask the Minister, are there not issues of great concern to us in the federal courts that would advise us to have an interest in how judges are appointed so that we can ensure that there is an impartial system and one that's not going to be so politically driven? Thank you.

Supplementary To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. The honourable Minister responsible for Justice, Mr. Bell.

Further Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, it's my feeling that there isn't a significant change aside from the voice that the Police Association will have now. I think the police play a significant role in our justice system and their voice should be heard in terms of the nomination committee. I'm happy about that. I'm supportive of that. There will be critics, as there have been critics in the past. However, in the past there were too many Liberal faithfuls making up these nomination committees. There will be those who criticize now and say there are too many Tory faithfuls that make up the nomination committees. Mr. Speaker, I think the point is, in my opinion, and again I've made the point there's not a government position on an issue that's largely federal. I don't see a significant change. Thank you.

Further Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bell. Final supplementary, Mr. Miltenberger.

Supplementary To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1068

Michael Miltenberger

Michael Miltenberger Thebacha

Mr. Speaker, the Prime Minister himself is publicly on record indicating that these changes were done specifically so that the Prime Minister could have greater influence on who gets on these committees to control the appointment of judges, something that's not there currently. So the final question to the Minister then is, is the Minister saying in his own...Is the government saying that two wrongs necessarily make a right in this case? Thank you.

Supplementary To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1069

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. Mr. Bell.

Further Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1069

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. The government is not saying anything. I guess, for the third time, I'll tell you that this is my opinion that not a lot has changed in terms of the nomination process. Mr. Speaker, I think the important thing to keep in mind here is that we want good, competent judges in the Northwest Territories and I think as best indication of that we go back to the last judge appointed by a Conservative Justice Minister. I think we have a very competent woman who was appointed to the Bench. I'm proud of her appointment. I think she's serving us very well, Mr. Speaker. That is, in fact, the critical issue here. Thank you.

Further Return To Question 381-15(5): Appointment Process For Federal Judges
Question 381-15(5): Appointment Process For Federal Judges
Item 6: Oral Questions

Page 1069

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bell. Oral questions. The honourable Member for Sahtu, Mr. Yakeleya.