MANITOBA'S MODEL

FEDERAL Justice Minister Vic Toews is well within his authority to
appoint police officers to his advisory committees that recommend
judicial candidates to the minister.

Mr. Toews has authority, in fact, to appoint anyone he wants to the
committees. That typifies the ad hoc system of federal judicial
appointments, which makes them inherently political. Mr. Toews should
make that system more independent, and Manitoba's way can serve as a model.

Mr. Toews criticized the former Liberal administration for
politicizing appointments to the bench, selecting judges to suit
their political agendas. In opposition, he demanded that there be
greater public accountability for those appointments. As justice
minister, he presided over the review by a Parliamentary committee of
the appointment of new Supreme Court of Canada Justice Marshall
Rothstein. Mr. Toews served the public interest in that.

Mr. Toews makes no secret of his frustrations that the courts are too
lenient on criminals. He wants to change the Criminal Code to impose
minimum sentences for a variety of crimes. Now Mr. Toews wants to
give people in law enforcement a seat on the provincial committees
that recommend names of potential judges to the minister. Police
officers share Mr. Toews' frustration with what is regarded as soft
sentences and lenient judges, and this is one way of sorting through
judicial candidates for those inclined to get tough on criminals.

The federal committee that recommends names of potential judges sits
at the minister's pleasure, not by statute. Further, the minister can
consider the recommendations or set them aside entirely. Like the
federal committee, the Manitoba committee also includes three people
chosen by the minister, but the minister must choose from its
shortlist of candidates. That committee is made of people chosen by
legal groups, as provided in the Provincial Court Act. The minister
makes the final selection, but the opinions of a diverse group matter
in that appointment. The federal system gives much wider power to the
minister and has justifiably been criticized as driven by patronage.

Public influence can lead to government introducing or changing laws
and that keeps law attuned to the community's values. It is a judge's
job to apply the law, based upon the evidence, and, in sentencing, to
consider each case on the circumstances before her. That is why
crimes carry a range of consequences, especially in regards to fines
and jail terms. Justice is best served when law is applied free from
public or political pressure. That requires judges chosen for their
knowledge of law and strength of character. Mr. Toews demanded
judicial independence while in opposition. He should reform the
overly political federal system by adopting Manitoba's process of
choosing judges.