TORY WANTS POLICE TO HELP PICK PROVINCIAL JUDGES

MANITOBA Tory Justice Critic Kelvin Goertzen wants police to have a
permanent spot on the committee that selects provincial judges.

Goertzen said the province should follow the lead of the federal
government and give police one of the seven seats available on the
provincial judges' nomination committee.

"I think that discussion should happen here as well," said Goertzen.
"I think (police) are an important part of the overall process."

The suggestion comes just a month after federal Justice Minister Vic
Toews announced he'd be adding a cop to the process for the
appointment of federal judges, an announcement that generated a lot
of debate about whether cops are a lobby group or whether they should
be given similar influence over the make-up of the judiciary as
lawyers already have.

Judges in Manitoba are appointed by the minister of justice based on
a list of three to six candidates recommended by a seven-member
committee. A police officer can serve on the committee, but Goertzen
believes police involvement should become a requirement.

He said this is something his party would likely pursue if its wins
the next election.

He says that unlike Toews , he doesn't want to increase the size of
the committee, which would give government an equal influence as the
legal community in picking judges.

Toews was slammed by the legal and judicial professions in November
when he announced he would be adding a police representative to the
advisory committees recommending appointments for federally-appointed
judges, which in Manitoba includes those on the Court of Queen's
Bench and the Court of Appeal.

The Canadian Bar Association was critical of Toews' plan fearing
police officers were a special interest group with specific leanings
when it comes to the types of judges they'd like to see. And the
federal Liberals suggested Toews was trying to politicize the
judicial selection process by stacking the advisory committee with
people who are sympathetic to his government's perspective.

Winnipeg Police Chief Jack Ewatski bristled at criticism police are a
special interest group and should not be allowed to help appoint judges.

"We reject the notion we are a special interest group," he said. "We
are spokespersons for policing and public safety."

He said he agrees police should enforce the law, not make it, but
said that distinction should not prevent a police representative from
sitting on a panel.

Manitoba Justice Minister Dave Chomiak said Manitoba is recognized
nationally as having one of the most nonpartisan systems for
selecting judges and he is loathe to change it.

BECOMING A JUDGE

Federal Judges:

In Manitoba, the federal government is responsible for appointing
judges to the Court of Queen's Bench and the Manitoba Court of
Appeal. Applicants are vetted by a federal committee appointed by the
Minister of Justice. The committee rates the applicants as highly
recommended, recommended or not recommended. The final decision is up
to the minister of justice.

Provincial Court Judges:

A seven-member committee is struck to evaluate applicants. It is made
up of the chief judge, one other provincial court judge, and
representatives from the Manitoba Bar Association and the Law Society
of Manitoba. There are three at-large members appointed by the
minister of justice, but they cannot be lawyers, judges or former
judges. The minister picks the new judge from a list the committee creates.