JUSTICE SEEN TO BE DONE

Is the outrage over the Conservatives' plan to change the committees
that help select judges misplaced?

Justice Minister Vic Toews says he wants to give the police a say in
the names put before the government for appointment to the bench.
They would join three members of the public appointed by the justice
minister and four members of the legal profession.

He also wants to simplify the way the committees, created in the late
1980s by another Conservative government, suggest the best qualified
candidates. Instead of highly recommended, recommended and not
recommended, Mr. Toews would like a simple pass or fail.

The Canadian Judicial Council, including Supreme Court Chief Justice
Beverley McLachlin, is demanding consultation, hoping to change the
government's mind.

Stephen Harper promised during the last election to end the taint of
"patronage and cronyism" that swirls around judicial appointments.

But do these changes help achieve that goal?

Mr. Toews' decision to put police on committees overseeing the
appointment of judges is worrisome. Police officers enforce the law.
They should not be arbiters of justice. Giving them a say in who
becomes a judge might give them too much influence over the process.

Eliminating the "highly recommended" category may throw the selection
process open to more patronage. A Tory could be named a judge despite
the fact that a better qualified person is available. According to a
review to be published this week by The Lawyers Weekly, one-third of
the 26 judicial appointments made by the Harper government have gone
to Conservatives. They have appointed two Liberals, the rest have no
obvious affiliation.

Liberal governments have been even more likely to appoint
compatriots. A Lawyers Weekly/CanWest News survey found 60 per cent
of judicial appointments made after 2000 by the Chretien/Martin
governments had donated exclusively to the Liberal party.

There is some pressure because the committees are only named for two
years and their time is up, but Mr. Toews should probably take the
time to consult on these changes.

At the end of the day, party affiliation should not qualify or
disqualify a candidate. The impartiality of our justice system
demands we have the best people sitting on the bench.