The Advocates’ Society’s statement stresses the importance of judicial independence
The recent controversy surrounding Alberta’s Provincial Court Nominating Committee may jeopardize public confidence in the judiciary, said the Advocates’ Society.
The PCNC is an advisory body that makes the appointment eligibility list, from which Alberta’s justice minister selects candidates to fill vacancies in the Provincial Court. Recently, the provincial government abruptly rescinded the appointments of seven PCNC members, a few of whom had a year or more left in their terms, and replaced them with new members.
Some of these new appointees said that they had not even applied, which led some academics and political commentators to opine that the application process lacked transparency and showed partisanship.
In a letter addressed to Alberta justice minister Doug Schweitzer, the Advocates’ Society said that the recent changes may pose a risk to public perception of the judicial appointments process. Public confidence in the Provincial Court’s processes is particularly important because most Albertans who participate in legal proceedings will interact with this court and will form their opinions of the judiciary from here, said the society.
The society thus urged the provincial government to establish an application and selection process for PCNC members which is transparent and which includes a vetting process that ensures that members will recommend candidates who meet the requirements for the post and who will properly perform their roles as independent arbiters, regardless of their political affiliation.
The society called attention to the recent resignation from the PCNC of Leighton Grey, Q.C., who made comments on social media that directly went against the PCNC’s express commitment to diversity, as stated in its criteria in selecting and recommending candidates. The situation “illustrates how an opaque PCNC appointment process can have both a real and perceived impact on the judicial appointments process,” wrote Guy Pratte, president at the Advocates’ Society, and Tamara Prince, chairperson of the Alberta Advisory Committee.
On the other hand, the Canadian Bar Association’s Alberta chapter, which is guaranteed one seat on the PCNC, expressed faith and trust in the process currently in place.
“We have participated on PCNC committee panels made up of dedicated and qualified individuals of diverse backgrounds,” wrote Ola Malik, president at CBA Alberta. “We are pleased with the recent appointments of qualified judges to the Alberta Provincial Court Bench that have met all criteria to serve the justice system.”
