Senior Tory Minister to be named judge?

[CANADIEN]

Far from it. How about getting back to Toews' eminent qualifications to serve as a judge?

If he does not plan to leave politics, who cares if he would be qualified to be an astronaut? The issue is not his qualification or lack thereof for a job he doesn't want, nor it is the "we will be different" pledge by the Conservatives. It is whether or not it is a good idea to appoint people to be judges just fresh from the Cabinet.

[Michael Bluth]

If he does not plan to leave politics, who cares if he would be qualified to be an astronaut?

You? Or at least you did an hour ago.

I do expect a government to appoint judges who fit their idea of what a judge should be. I would expect they hire people who have a track reputation as knowing the law.

Nevermind the fact that of course he would be leaving politics if he accepted an appointment.

[CANADIEN]

So, he won't be appointed judge anytime soon.

Good... we can concentrate on the principle here.

I do expect a government to appoint judges who fit their idea of what a judge should be. I would expect they hire people who have a track reputation as knowing the law.

As for appointing recently retired politicians, or even worse appointing them straight from the Cabinet... WRONGGGGGGGGG idea. Even the person is Moses brought back to Earth, it looks too much like a partisan appontment.

MB... I spoke about the principle. Not about Vic Toews. Difference.

[Wild Bill]

Toews is one of the worst of all the tories, hearing his name makes me start to dry-heave. This guy is a total bible thumping whackjob, from the centre of bible thumping whackoville. Alcohol sales have only been legal in Toews riding for maybe 2-3 years. The last thing we need to do is put fundamentalist religious nutbars on the bench. Toews is probably salivating at the chance to "punish the sinners". Every day the Conservative government disgusts me more than the day before.

Well, Vic may not be a nutbar but he obviously is a hard nut!

I'm just happy he's not appointed to the Supreme Court. After all, they are the ones who make all the decisions on lifestyle laws in this country and NOT the people through their elected representatives.

It's been that way ever since Trudeau enacted our Charter of 'Wrongs'.

[jdobbin]

I seem to remember hearing claims that this government wouldn't be doing this sort of this as well....

They've already appointed one former Justice minister in New Brunswick.

If Toews isn't appointed then all is well and good. If he is, just another example of the quick turnaround from elected office to the high court by the Tories.

[Argus]

Well, Vic may not be a nutbar but he obviously is a hard nut!

I'm just happy he's not appointed to the Supreme Court. After all, they are the ones who make all the decisions on lifestyle laws in this country and NOT the people through their elected representatives.

Well, given the last two SC judges were appointed specifically because they were gay rights activists maybe they ought to appoint Toews to help balance things out. Mind you, he looks to be more experienced than both of them combined.

[jdobbin]

As the article says, it's all anonymous rumours and Toews is running in the next election. When Toews decides to exit politics, he will probably make a pretty good judge, if he is so nominated. In reality, I'll bet it's hard to find a lawyer who has not been affiliated or made contributions to political parties.

Personal reasons might be affecting decisions to run again. Provencher is one of the most Conservative and religious ridings in the country. They once kicked Jake Epp out of the church he founded because as Health minister, he oversaw a department that did not outlaw abortion. Epp was deeply wounded in this riding because of this.

If Toews does step down, he should at least honour the two year cooling off period that is being posited by the Canadian Bar before accepting any judicial appointment.

Edited May 17, 2008 by jdobbin

[jdobbin]

Well, given the last two SC judges were appointed specifically because they were gay rights activists maybe they ought to appoint Toews to help balance things out. Mind you, he looks to be more experienced than both of them combined.

Rothstein was appointed by Harper because he is a gay activist? And you think he has less experience than Toews?

[CANADIEN]

Well, given the last two SC judges were appointed specifically because they were gay rights activists maybe they ought to appoint Toews to help balance things out. Mind you, he looks to be more experienced than both of them combined.

We cannot have too many judges who believe that gays have right...

As for experience... the last three judges appointed to the Court had spent the following number of years as judges before their appointment: Rothstein - 7 years, Louise Charron - 16 years, Rosalie Siberman Abella - 28 years. Even with excluding Abella, that gives us 13 year experience as judges... definitely less than 0 years.

Edited May 17, 2008 by CANADIEN

[Keepitsimple]

Personal reasons might be affecting decisions to run again. Provencher is one of the most Conservative and religious ridings in the country. They once kicked Jake Epp out of the church he founded because as Health minister, he oversaw a department that did not outlaw abortion. Epp was deeply wounded in this riding because of this.

If Toews does step down, he should at least honour the two year cooling off period that is being posited by the Canadian Bar before accepting any judicial appointment.

Why wouldn't he?

[jdobbin]

Why wouldn't he?

Because one former provincial minister of Justice in April already ignored the Canadian Bar Association's recommendations. The pattern has been set.

[Keepitsimple]

Because one former provincial minister of Justice in April already ignored the Canadian Bar Association's recommendations. The pattern has been set.

Cite?

[jdobbin]

Cite?

I have already cited it once.

http://www.lawyersweekly.ca/index.php?sect...p;articleid=663

Lawyers variously said they were “very pleased” and “disheartened” about the Conservative government’s recent appointment to the Bench of a lifelong Conservative politician who has little experience in legal practice.

On April 14 federal Justice Minister Rob Nicholson appointed former New Brunswick Justice Minister Bradley Green to replace Justice Kathleen Quigg in the backlogged family division in St. John where cases can drag on for years, and it takes a year to get to trial.

Practitioners describe the court as “in total crisis” and in desperate need of a firm and experienced judicial hand.

Yet Justice Green has spent virtually his whole career in politics. He was justice minister from 1999 to 2006 in Bernard Lord’s Conservative government, and Minister of Health, and in charge of aboriginal affairs, when he lost his seat in 2006. He then worked as an advisor in the legislature to the official opposition.

Justice Green entered politics shortly after his 1991 call to the Bar when he became executive assistant to the Conservative Opposition leader of the day.

“Mr. Justice Green has developed an expertise in public policy, constitutional and aboriginal law,” the federal government’s announcement states.

The Canadian Bar Association declined comment on the appointment, which violates the group’s position that Cabinet ministers should undergo a two-year “cooling off” period before appointment to the Bench in order to promote public confidence that the judiciary is independent and apolitical.

However, several local lawyers agreed to comment if their anonymity was preserved. “It’s patronage,” said one. “It is totally, totally political. Period,” agreed another.

There is no doubt he is qualified but to go from creating the law to being the judge with no transition can lead to many problems. You don't agree that a cooling off period is necessary?

Toews used to slam the old appointee system but backed away from it when he became Justice minister.

http://www.winnipegfreepress.com/local/sto...p-4763286c.html

The Manitoba cabinet minister being considered for an appointment to the bench was once a vocal critic of patronage in judicial appointments.

Vic Toews repeatedly lambasted the Liberal party for appointing judges with strong Liberal ties, including in November 2004 when a former chief of staff to then Liberal justice minister Irwin Cotler got a judge's seat.

At that time, Toews called for an overhaul of judicial appointments.

"It's just one more illustration of how who you know gets you to the bench," Toews said at the time.

But he backed away from the idea six months after taking office, calling the system a "relatively well-working mechanism." Just weeks later Toews appointed the co-chairman of the Conservative election campaign in New Brunswick to a federal judgeship, the first of several judges with Tory ties moved onto the bench since 2006.

Toews himself may be the next.

This week the Free Press has learned the MP for Provencher and president of the Treasury Board is being considered for an appointment to the Court of Queen's Bench in Manitoba. There are two vacancies at the moment, believed to be in Brandon and Dauphin.

A federal selection committee has been laying the groundwork for the plum appointment by calling provincial justice officials with questions about Toews.

There are two prominent Tories in Manitoba looking to try for Toews' seat. All this past week, provincial justice officials have been fielding qurestions from the feds about appointing Toews.

[jdobbin]

Apparently Toews continues to say he is the candidate in Provencher but won't say if he will accept a judicial appointment if it is given.

http://www.winnipegfreepress.com/local/sto...p-4764713c.html

An appointment to the Court of Queen's Bench for Manitoba senior cabinet minister Vic Toews would run afoul of the Canadian Bar Association, which has recommended for more than a decade that Ottawa ensure there is a cooling-off period between someone's political life and judicial appointments.

The CBA would not discuss the possibility of Toews' appointment -- something justice sources told the Free Press was under consideration. But CBA spokesman and Nova Scotia lawyer Timothy Matthews said a minimum two-year cooling off period would help ease public perception that judicial appointments are inherently political.

"That leads to a cynicism about the process that is probably not warranted," said Matthews.

Matthews introduced a motion before the CBA 10 years ago which has since become a policy of the national lawyers' organization. The policy specifically states there should be a two-year cooling-off period for MPs, cabinet ministers, provincial and territorial politicians, senators, political staff and political party employees before they can apply for a judicial appointment.

The federal government has not implemented such a cooling-off period, though there is a two-year delay required before former cabinet ministers can become lobbyists or work in an area that they had direct dealings with while in cabinet.

Toews deflected questions about his potential judgeship Tuesday by repeating the same phrase over and over when asked if it is true he has applied for a seat on the bench in either Brandon or Dauphin.

"As the nominated Conservative candidate in Provencher, I intend to run," Toews said at least three times, during an unrelated press conference Tuesday.

But a federal selection committee has been laying the groundwork for the plum appointment by calling provincial justice officials with questions about Toews.

I agree that the two year cooling off period is necessary to keep judicial appointments from becoming political patronage jobs.

[Bryan]

I'm not a fan of appointing judges. I think they should be elected. But, appointing is the system we have for now. If you have to appoint someone, I don't think there is anyone more qualified than Toews. Given the current system, this is a non issue if it happens.

[Kitchener]

I don't think there is anyone more qualified than Toews.

Okay. I'm interested in the survey of available Canadian potential appointees that you undertook in reaching this conclusion. Would you mind explaining how you surveyed the field and compared Toews to other people, and what legal expertise you relied on in the process?

[jdobbin]

I'm not a fan of appointing judges. I think they should be elected. But, appointing is the system we have for now. If you have to appoint someone, I don't think there is anyone more qualified than Toews. Given the current system, this is a non issue if it happens.

So you no problem going from politician to judge with no transition?

[Alta4ever]

So you no problem going from politician to judge with no transition?

It must be the right thing to do if your so upset about it.

[jdobbin]

It must be the right thing to do if your so upset about it.

Hope they do go ahead with it. The headlines in the local papers in Winnipeg yesterday basically ripped Toews for even considering doing what he had always opposed in Opposition.

[Alta4ever]

Hope they do go ahead with it. The headlines in the local papers in Winnipeg yesterday basically ripped Toews for even considering doing what he had always opposed in Opposition.

Ya the Winnipeq free press is an unbiased paper.

[jdobbin]

Ya the Winnipeq free press is an unbiased paper.

The Sun said the same thing. They're biased too?

Then there is CJOB and Charles Adler. Big bias against the Tories there?

The fact of the matter is that Toews' own words come back to haunt him. He has been adamantly against this type of political appointment when he was in Opposition but now will not rule out accepting the job.

I have not mentioned his personal life here. I'll leave that to Don Martin and the National Post (also biased against the Tories?). Toews says he is the candidate but federal officials are going through all the procedures this week to put Toews appointment into place.

I find any appointment of a politician to the judiciary prior to the two year cooling off period to be inappropriate. At one point, I thought Toews believed that too.

[FTA Lawyer]

In my mind, a true "patronage appointment" suggests lack of merit...that is, you don't really qualify for the job but get it because of political affiliation.

I agree that a "cooling off period" is better than not having one, but...if making Mr. Toews a judge is a "patronage appointment" for the purposes of a "golden parachute" and is not meritorious, then how is it better two years from now?

Conversely, if Toews is objectively qualified for the job (as it would appear his resume would support) then isn't appointing him direct from cabinet better than appointing someone with questionable abilities who just happens to have never served in government?

Call me crazy, but I want intelligent and qualified judges in the courtroom...I couldn't care less who puts them there or what their last job was. Crown prosecutors who become judges don't necessarily prove to be hard-ass convicters and former defence counsel on the bench are sometimes the toughest on crime.

I think this is a tempest in a teapot.

FTA

[jdobbin]

Call me crazy, but I want intelligent and qualified judges in the courtroom...I couldn't care less who puts them there or what their last job was. Crown prosecutors who become judges don't necessarily prove to be hard-ass convicters and former defence counsel on the bench are sometimes the toughest on crime.

It is Toews own words that come back to haunt him on this subject. He has been one of the biggest advocates of not appointing people who come straight out of politics.

[Kitchener]

Call me crazy, but I want intelligent and qualified judges in the courtroom...I couldn't care less who puts them there or what their last job was.

You're not crazy, but neither of those things is really the issue here. The process must be one in which we can have confidence, not one which merely happens -- perhaps accidentally -- to put someone intelligent or qualified behind the bench. The more the process of appointing Toews looks like a purely political solution to the problem of where to warehouse a powerful ally who's been holed below the electoral waterline, the more corrosive it is of public confidence in the reliability of the process and the government. At a minimum, the two-year cooling-off period makes judicial positions less likely to be used as quick fixes to such warehousing problems.

[fellowtraveller]

I wonder if we will see a flurry of Tory appointments to the bench of loyal Tories.

I certainly hope so, if only to restore some balance.