Pubdate: Sat, 11 Nov 2006
Source: Globe and Mail (Canada)
Copyright: 2006, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Alex Dobrota

TOEWS ACCUSED OF TRYING TO POLITICIZE THE JUDICIARY

Move to Let Police Help Pick Judges Seen As Pushing Agenda to Get 
Tough on Crime

OTTAWA -- Opposition parties accused the Conservative government 
yesterday of trying to use the courts to advance its tough-on-crime agenda.

Those accusations came as Justice Minister Vic Toews continued to 
draw sharp rebukes from legal bodies over his proposed changes to the 
way judges are chosen.

And in spite of the dissent, Mr. Toews announced that he will proceed 
with his plan to give police officials a voice in the appointment of 
federal judges, a move that opposition critics warn could skew the 
courts in favour of a heavy-handed law-enforcement approach.

"The minister really made his whole career in politics about getting 
tougher on crime," New Democratic Party MP Pat Martin told reporters 
in the foyer of the House of Commons. "As a former Crown prosecutor, 
sometimes I think [Mr.] Toews [is] obsessed with crime and punishment."

Mr. Toews should seek input from prisoners' rights groups if he plans 
to include police officials in the judicial appointment process, Mr. 
Martin suggested.

The Bloc Quebecois and the Liberal Party also attacked the proposed changes.

"This is an injection of a political -- outright political -- 
ideological element to the process, which we don't accept," Liberal 
MP Brian Murphy said.

Mr. Toews was attending meetings in Manitoba yesterday and could not 
be reached for comment. But in a statement, the minister said he will 
forge ahead.

"The voices of police are critical in our legal system, but they have 
never been represented in this process," he said. "Our government is 
pleased to involve them."

He plans to put police representatives on judicial advisory 
committees, secret regional groups that vet candidates for the 1,100 
federal judgeships.

The Canadian Bar Association decried the lack of consultation on the 
part of the minister.

"There is a risk that these committees are going to become 
politicized," CBA president J. Parker MacCarthy said yesterday.

He said the judicial advisory committees are typically composed of 
seven senior members: one nominated by the federal government; one by 
the chief justice of the province; one from the provincial bar 
association or law society; and one from the provincial government. 
The other three are selected by the justice minister, he said.

Mr. Toews plans to add another member to the board, according to his 
statement. This would effectively tip the balance of power within the 
committee in favour of the justice minister, said Frank Addario, 
vice-president of the Criminal Lawyers Association.

"It's obvious that the Minister of Justice wants judges appointed 
with a particular and narrow point of view," Mr. Addario said. "He 
wants to increase his own discretion and to reduce that of the committees."

On Thursday, Chief Justice Beverley McLachlin of the Supreme Court of 
Canada sharply criticized the minister's actions and called on the 
government to consult with legal bodies.

Since they took office this year, the Tories have introduced a 
package of bills to amend the Criminal Code, including some aimed at 
increasing sentences for violent crimes and sex offenders.
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