Canada's national lawyers group has rebuked a call from four premiers for Ottawa to overhaul how it appoints provincial superior court and appeal judges.
The premiers of Alberta, Saskatchewan, Ontario and Quebec wrote this week in a letter to Prime Minister Mark Carney that they want to see only judges appointed who are first approved and recommended by the provinces.
The premiers say doing so would boost public confidence in the courts and "help ensure the judiciary reflects the communities it serves."
Their call was quickly brushed aside by federal Justice Minister Sean Fraser.
The Canadian Bar Association, which represents more than 40,000 lawyers, judges and other legal professionals across Canada, said in a letter to Carney shared Friday that the justice system is better off without more politics involved.
"The process as it currently exists has real strengths, above all its meaningful insulation from political considerations," wrote the association's president, Bianca Kratt.
"Proposals that would politicize it, such as by granting vetoes to provincial governments, should be resisted."
Kratt, like Fraser, says the existing appointment process allows for extensive provincial input through committees struck in each province and territory to assess applications from lawyers looking to become judges.
Those committees, which make recommendations to Ottawa, feature provincial government appointees, and Kratt says provincial law societies and bar association chapters are also represented, as are federal appointees.
Kratt also takes issue with the premiers, in their letter, comparing Canada's judicial system to those in the United States, Australia and parts of Europe.
The premiers wrote that in those countries the appointment of state-level (or provincial-level) judges lies with state governments rather than federal governments.
"In this respect, Canada remains an outlier, and a discussion of reform is long overdue," the premiers said.
Kratt argues the comparison doesn't necessarily hold water, saying those countries have different and unique judicial systems that reflect their own constitutional framework.
"In Canada, provincial superior courts have broad jurisdiction to hear both federal and provincial matters, and are empowered to strike down both federal and provincial laws," she wrote.
She adds that U.S. state judges are largely constrained to state matters.
"Our current system of federal appointments based on substantial provincial input makes sense in the Canadian context."
Ontario Premier Doug Ford's office said Friday it's largely concerned about addressing public safety issues, and that it's seeking a partnership from Ottawa.
"Our government is using every tool we have to crack down on criminals and strengthen public safety," his office said in a statement.
"However, to truly drive change within the broken bail system, we need partnership from the federal government, to join the provinces, and take bold and innovative action, to keep dangerous criminals behind bars and our communities safe."
Alberta Justice Minister Mickey Amery repeated in a statement that he thinks Canada is an outlier compared to other countries and that reform is needed.
"The current process does not give provincial governments a meaningful say in appointing justices," Amery said.
"The highest levels of Alberta’s justice system should reflect Albertans and that’s why we are requesting that there be a truly collaborative process to select highly qualified candidates for judicial appointments where candidates are recommended."
Kratt says Canada's system isn't perfect but letting provinces veto certain judicial candidates would erode public confidence in the courts, not bolster it, like the premiers suggest.
"More promising reforms would focus on filling vacancies faster, addressing systemic barriers to judicial careers, boosting recruitment in under-represented communities, and increasing the transparency of the appointment process," her letter reads.
"Canadian political leaders should also be making every effort to relieve the significant resource pressures that contribute to court delays and complicate recruitment and retention of qualified judges, as well as to protect judges from threats and personal attacks."
Picture Courtesy: THE CANADIAN PRESS/Jason Franson
