Mr. Speaker, I must admit that I have been very touched by all the praise that our colleagues in the opposition benches have been heaping upon people from the Maritimes, their abilities and their potential. Not that long ago, however, their outgoing leader said to anyone who would listen that those same people, whom the opposition members are praising so highly here today, have long had a culture of defeat. I am pleasantly surprised by this sudden change in attitude in my opposition colleagues.
Getting back to today's motion, I would like to thank the hon. member for Niagara Falls for his motion on this issue, as well as the House for the opportunity to address it.
It is clear that the people of Atlantic Canada and other regions of the country strongly believe that the tradition of regional representation on the Supreme Court of Canada, the highest court in the land, must be maintained.
As hon. members know, the Supreme Court is an essential aspect of Canada's constitutional structure. The Supreme Court, the final court of appeal for all legal matters, including those that are constitutional in nature, plays a decisive role with regard to upholding human rights and the rule of law.
The Supreme Court has ruled on a wide range of important legal and social issues in our country, from medical assistance in dying, to marriage equality and the Crown's duty to consult and accommodate first nations.
How we select Supreme Court justices is therefore of utmost importance to all Canadians. That is why last August, our government announced a new Supreme Court of Canada appointment process that is open, transparent, and accountable. Under this process, an independent, non-partisan advisory panel was formed and was tasked to put forward the candidacy of qualified, high-calibre jurists who are functionally bilingual and representative of the diversity of our great country.
Former prime minister Kim Campbell presides over this advisory panel made up of seven members who have ties to every corner of the country. Four of them were selected through independent professional agencies, and the panel also includes non-jurists. The advisory panel will review the candidacies and will present a short list of three to five people to the Prime Minister for his consideration.
When the Prime Minister announced the new Supreme Court appointment process in August, many people were surprised to learn that the jurist selected to replace Justice Richard Cromwell would be chosen from a list of candidates who are not exclusively from one of the Atlantic provinces. I can see why people may be surprised, since this contravenes the practice that has been used to date.
However, sometimes traditional practices need to be reconsidered, and we believe it is time to do just that and see where it will lead us.
We are aware of how important the composition of the Supreme Court is and that some parts of the process are established by legislation. For example, under the Supreme Court Act, at least three of the judges must be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that province. That is not simply a matter of geography, but a consequence of the nature of Canada's justice system, which is based on two legal traditions.
As many of my colleagues know, Quebec's legal system is based on the civil law tradition, whereas that of most of the other provinces is based on the British model of common law.
The appointment to the Supreme Court of three justices from the list of Quebec's great legal minds seeks to ensure that the highest court in the land is equipped with people who understand the traditions of that legal system, not just representatives of a particular province.
In addition to this critical distinction in the law, there are other important elements that need to be considered and that go far beyond geographical considerations.
The first woman to be appointed to the Supreme Court was the Hon. Bertha Wilson in 1982. Since then, many other women have been appointed. It is now an accepted practice to strike a balance in gender representation among justices of the Supreme Court. However, other groups that have always been under-represented have not managed to make such significant advances.
The government is determined to have the Supreme Court of Canada reflect the diversity of Canadian society.
By allowing people across the country to apply under the new process, we hope, to some extent, to see this vast diversity reflected in the selection of the judges who will sit on Canada's highest court for many years. We believe that the Supreme Court will benefit not only from their vast legal knowledge and experience, but also from their life experience.
For example, Canada is proud to have an increasing number of talented indigenous jurists, including judges, lawyers, and scholars. Furthermore, our country has many jurists who are people of colour, people with disabilities, members of LGBTQ communities, or people who do not fit the traditional mould of a Supreme Court justice.
Canadians of all communities are invited to encourage exceptional jurists to apply for the position of Supreme Court of Canada justice. The appointment process that we have established responds in part to the concerns expressed about previous processes. The open nature of the process is unprecedented and addresses some of these concerns.
Some of the country's greatest legal minds have sat on the Supreme Court bench since its inception, and for good reason.
As the Prime Minister said, we will uphold that tradition. We will even strengthen it with an open, transparent, non-partisan process for selecting Supreme Court justices.
The process will ensure that people of the highest distinction and greatest ability to represent Canadian society are appointed to the highest court in the land. Our government has put in place a new standard process that will result in greater diversity among the Canadian judges and lawyers who become part of that tradition regardless of where they come from or what region of Canada they call home.
Legal minds who better represent the diversity we have in this country will have the opportunity to take on some of the most important responsibilities there as they contribute to the legal and social framework that guides our country's evolution.
I am proud of this process and what it represents. I am proud that candidates from Atlantic Canada, high-calibre people who can compete with their colleagues across the country, were evaluated by the independent appointments advisory board. I have every reason to believe that some of them will be on the short list of three to five candidates given to the Prime Minister.
We look forward to finding out what this new selection process for our new Supreme Court of Canada justices means for us and for Canada.
