OTTAWA, April 7, 2005 -- Minister of Justice and Attorney General of Canada, Irwin Cotler, on behalf of the Government of Canada, today tabled a new process for Supreme Court of Canada appointments with the House of Commons Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. "We are announcing a serious, considered and comprehensive initiative that will enhance transparency and accountability while ensuring meaningful Parliamentary involvement and provincial input," said Minister Cotler. "At the same time, these measures preserve the constitutional framework, respect the independence and integrity of the Supreme Court, and ensure that appointments continue to be based on the overriding principle of merit." As part of its ongoing commitment to democratic reform, the Government consulted the Standing Committee on how best to implement prior review of Supreme Court of Canada appointments. The Standing Committee suggested that an interim process was needed to fill two pressing vacancies in the summer of 2004, but that a more permanent mechanism in the form of an advisory committee process should be established to review and recommend candidates for future vacancies. The Government has accepted this principal Parliamentary recommendation and an advisory committee will be established as each new vacancy arises. Each one will include a Member of Parliament from each recognized party, a retired judge and, from the region where the vacancy arises, a nominee of the provincial Attorneys General, a nominee of the law societies and two prominent Canadians who are neither lawyers or judges. "The advisory committee process I am announcing today is anchored in the earlier work of the Standing Committee, whose recommendations and insights underpin our reform proposal," added Minister Cotler. "This process has also been informed by extensive consultations with a broad range of perspectives - lawyers, judges, academics, provincial legislators and others." The revised process involves four key stages: The Minister of Justice will consult Chief Justices, provincial Attorneys General and leading members of the legal community, and will invite public input, in order to identify five to eight candidates to be assessed by the advisory committee. The advisory committee through a range of consultations and evaluations respecting relevant experience and expertise, and a paper review (including CVs, judgments and articles), will assess the candidates based on a public protocol of merit-based criteria, in order to generate an unranked short list of three candidates. The Minister of Justice and the Prime Minister will complete their consultations before the Prime Minister recommends an appointment to the Governor-in-Council from the short list. The Minister will appear before the Standing Committee following the appointment to explain the process and the qualifications of the candidate selected. This reform initiative organized around the advisory committee process and involving significant Parliamentary and provincial input provides the basic framework and essential elements of the approach the Government intends to follow for future Supreme Court of Canada vacancies. The Government looks forward to the views of the Standing Committee and to working with all parties in making this reform initiative and advisory committee process a success. To access an online version of the Government of Canada's advisory committee process, visit: http://www.canada.justice.gc.ca/en/dept/pub/scc/index.html - 30 - Ref.: Denise Rudnicki Director of Communications Office of the Minister of Justice (613) 992-4621 Media Relations Office Department of Justice Canada (613) 957-4207
