In fairness the appointment of judges seems to work pretty well. Politics plays a trivial role (in fact party politics plays none but certainly governments consider attitudes towards justice issues -- rightly so in my mind).
JUDICIAL APPOINTMENTS
The Globe and Mail
Byline: Kirk Makin
Dateline: Quebec
Quebec -- The federal system for appointing judges has worked almost flawlessly, and change will only imperil it, former prime minister Jean Chrétien warned a gathering of lawyers yesterday.
"I was involved for almost 30 years in the appointment of judges, and I don't know of one name that I knew personally who became a judge that was a bad apple," Mr. Chrétien told the Canadian Bar Association. "We have a system that works, in my judgment. Replacing it will perhaps not be that good."
Mr. Chrétien said that, as justice minister, he was wary of nominations that emerged through the bar because most of those names put forward belonged to big city lawyers. Mr. Chrétien also recalled that lawyers from big firms were sly enough to nominate unpopular colleagues for judgeships, "so that they would not be in the firm any more."
Judicial appointment procedures remain
controversial in the legal world.
Currently, federally appointed judges are vetted by regional committees composed of prominent legal representatives, judges and police. The minister of justice then chooses from a large pool that has
been ranked as qualified.
In another speech yesterday, Justice Minister Rob Nicholson showed no interest in changing the system to confine the list of potential candidates to those who are ranked highest by the vetting committees - as some reformers have urged.
Mr. Nicholson said that approximately 200 judicial appointments since his government took office have been highly successful.
"I can tell you that the results and feedback I've received of the appointments made by this government have been very, very positive," he said. "I take a great deal of pride in that."
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
8 comments:
You don't have to be a Harvard graduate to understand that all political parties appoint only those who have the same ideology.
That is why after 13 years of liberal rule, judges nowadays are handing out house arrest for people who kill others drinking and driving.
The people (remember us?) should be responsible for picking local judges.
That way, when they hand out garbage, unjust, ideological sentences, thy can be tossed out the door.
Same with prosecutors.
It's unfair to the people who actually care about Canada to have no say about anything other than a once-every-foiur-year single vote.
If this is democracy, then its a pretty shitty one.
http://www.canada.com/montrealgazette/news/editorial/story.html?id=8a8ec09b-e54e-400c-9d65-ffb04ae06b68
After you read that, it would be nice to see a post about that great editorial.
How's that system working out in the U.S.....
I agree with Chrétien (and yourself) - the system works, why break it?
"Cherniak_WTF said...
How's that system working out in the U.S.....
I agree with Chrétien (and yourself) - the system works, why break it?
August 19, 2008 12:27 PM"
Is that the answer for every left wing Canadian who has no answers to anything.
other than blaming America.
BTW, judges that are elected are by default "accountable".
On the other hand, judges who are appointed are by default "unaccountable".
Don't like the truth, bury your head in the sand.
Jean Chretien is a theif.
Any other corporation in the world that stole money who be prosecuted.
Johnathon - Judges arent (and shouldnt be) accountable to the public. They are accountable to the law which is in turn created by the public.
Don't like something a judge does? Change the law. The reason we have violent criminals "getting away with it" is because of the statutory regimes--created by politicians--we have in place. Judges should be governed by the rule of law not public whim. People should be judged guilty or innocent based on laws not public emotion rooted in limited knowledge regarding the fact. They should be sentenced based on the laws of sentencing--which they are... every slap on the wrist sentence you read about in the newspapers is authorized by legislation put in place by politicians. Having judges who act like elected politicians basically creates mob rule. Facts, evidence and law dont matter anymore. All that matters is perception and raw emotion.
If the public doesnt like what judges are doing they should be blaming themselves for electing politicians who fail to put in place laws that reflect their viewpoints.
Judges are merely a convenient scapegoat for conservatives who have thus far failed to achieve success in the legislative arena. They haven't achieved the majority of seats they need to effect the changes they want to see and are two weak kneed to include the notwithstanding clause in legislation they know will run afoul the Charter.
For the record I WOULD like to see serious changes in how we deal with violent offenders. I am not a "hug-a-thug" type of person. I would like to see a significant increase in the number of dangerous offender designations that are sought and obtained. Nothing makes my skin crawl more than media reports of "so-and-so the serial rapist" being released even though he is at a "high risk to reoffend".
I just think you are barking up the wrong tree by blaming judges. They are acting based on the law as it exists. Blame politicians, and blame yourself.
KC, are you all there?
Judges are paid for by the PEOPLE and therefore should be accountable to the PEOPLE.
Next, the judges that hand out house arrest for killers drunk driving do so because they WISH TO not because they HAVE TO.
Why are judges not being tough on sentences?
If a judge can give someone 20 years and instead gives me 2, are oyu telling me that he sholdn't be accountable?
Get a grip leftard, the people are own this country.
Not liberal judges or corrupt thieving politicians.
Johnathan
Judges are paid for by the PEOPLE and therefore should be accountable to the PEOPLE.
Your logic doesnt follow. Almost all civil servants are required to follow legislation and regulation first and foremost. By your logic American soldiers would be justified in leaving the battlefield because the public no longer supports the war and they're the ones who pay the bill. No they are accountable to the President. If Americans want them out they need to elect a President who thinks otherwise. By your logic cops and prosecutors should stop enforcing marijuana laws because the public no longer supports its criminalization and they pay the bills. Instead they are accountable to the law as written.
Why are judges not being tough on sentences?
... If a judge can give someone 20 years and instead gives me 2, are you telling me that he sholdn't be accountable?
Newsflash buddy: He got 2 years because politicians (elected by you) enacted laws that allow for that kind sentence. If politicians were determined to give him 20 years they could legislate mandatory minimums, or toughen dangerous offender legislation.
Its so convenient for you to blame someone else than look in the mirror and look at the people you put in office in Ottawa who refuse to take the decisive action to 'get it done'.
Get off your ass and get something done rather than blaming someone else.
Next, the judges that hand out house arrest for killers drunk driving do so because they WISH TO not because they HAVE TO.
Further to my previous point... if politicians wanted to they could enact the legislation requierd to make sure they go to jail.
Get a grip leftard, the people are own this country.
I hope you see the irony in using a variant of the vulgar term "retard", and then composing a sentence with such bad grammar that it is rendered virtually incomprehensible.
The people own this country? You some sort of communist or something?
You didnt even read what I said: I want to see tough sentences as much as the next guy and agree that we are entitled to a criminal justice system that makes public safety its top concern. I think the way politicians have made us unsafe by letting violent criminals out on the street is a national embarassment. Serious violent and sexual offenders pose a danger to all of us and need to be restrained from inflicting further harm.
I, unlike you, however, place the blame where it needs to be placed--the politicians and the electorate--and dont subscribe to societally destructive nonsense like elected judges. I hope you never end up before an "elected" judge who ignores the law and simply goes on how the public feels about you.
I value a judiciary that applies the facts of the case to the duly enacted law rather than relying on unreliable public opinion rooted in emotion and an erroneous appreciation of the facts.
nice retort KC. It's nice to see a reasonable point of view to counter Johnathon.
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