My Letter to the Editor in todays Globe and Mail regarding Sean Fines recent piece on judges. theglobeandmail/globe-debate/letters/jan-1-age-is-like-weight-and-other-letters-to-the-editor/article22252208/ On May 5, 2014, a Globe and Mail editorial cautioned against saying anything that might undermine “confidence in one of our most vital institutions” – the judiciary. Then, on Dec. 29, The Globe published an article by Sean Fine which does exactly that by undermining confidence in a number of new judges, simply because their experience includes – but is not limited to – criminal prosecutions (Appointments Of Judges Favour Prosecutors Over Defence). Our government has appointed judges with a broad range of expertise; there is no particular emphasis on one background. Over time, we strive for a judiciary with a great depth and breadth of experience. To suggest that lawyers with experience in prosecutions are somehow cut from the same ideological cloth does a great disservice to the legal profession in Canada. It is far too simplistic and presumptuous to assume that prosecutors are inclined to be “tougher on crime” than defence lawyers. An allegation like that needs sustained and reliable evidence to support it. This article offers no data tracking convictions or sentences imposed by former Crowns versus former defence counsel. What we know for sure, however, is that each and every one of these new judges are recommended by a diverse, arms-length advisory committee, which applies no ideological litmus test. And regardless of a judge’s predisposition, once appointed, they are all required to act openly and impartially, and their decisions form part of the public record for everyone to see. As both a former defence lawyer and Crown prosecutor, I found the article to be an unfair indictment on the recent appointments before even one of these judges has heard a single case. How is that fair and balanced? Peter MacKay, Minister of Justice
Posted on: Thu, 01 Jan 2015 19:48:26 +0000
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