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Appointments/Vacancies

Commissioners for the 2015 Quadrennial Commission

Issue

The 2015 Quadrennial Commission on judicial compensation commenced on October 1, 2015.      [Information was severed in accordance with the Access to Information Act. s.19(1), s.21(1)(a), s.21(1)(b), s.21(1)(c), s.69(1)]     

Background

The Quadrennial Commission process was established in the Judges Act following the Supreme Court of Canada's 1997 decision in the PEI Judges Reference. The Commission is intended to safeguard the constitutional principle of judicial independence by interposing a filter between the judiciary and the government, and depoliticizing the process of setting judicial remuneration. Pursuant to subsection 26.1(1) of the Act, the Commission is composed of three members: one nominated by the judiciary, one by the Government, and a chair jointly selected by the other two nominees. The judiciary and Government nominees are      [Information was severed in accordance with the Access to Information Act. s.19(1), s.21(1)(a), s.21(1)(b), s.21(1)(c), s.69(1)]     

Recommended Action

     [Information was severed in accordance with the Access to Information Act. s.19(1), s.21(1)(a), s.21(1)(b), s.21(1)(c), s.69(1)]     

Annex
Annex 1: Biographies of      [Information was severed in accordance with the Access to Information Act. s.19(1), s.21(1)(a), s.21(1)(b), s.21(1)(c), s.69(1)]     

     [Information was severed in accordance with the Access to Information Act. s.19(1), s.21(1)(a), s.21(1)(b), s.21(1)(c)]     

Specific Claims Tribunal

Issue

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Background

The Specific Claims Tribunal was established in October 2008 by the Specific Claims Tribunal Act to handle claims by First Nations relating to the administration of their lands and assets or breaches of historic treaties. Tribunal members must be superior court judges, seconded from their courts on either a full-time or part-time basis. Before a judge can become a Tribunal member, he or she must first be appointed to a roster. Tribunal members are then appointed from the roster for terms of five years.

Appointments to the Tribunal require the consent of both the judge and his or her Chief Justice. Since superior courts have generally been operating without spare capacity, obtaining the consent of Chief Justices has proved challenging. To assist, new judicial positions were created for the courts from which judges were expected to be drawn–the superior trial courts of British Columbia, Ontario, and Quebec.

The Tribunal is composed of a maximum of six full-time members (or a combination of full-time and part-time members amounting to six full-time equivalents (FTEs)). Currently, there are seven judges on the roster, but the Tribunal has only two FTEs. The only full-time member is the Tribunal Chair, Justice Harry Slade of the British Columbia Supreme Court. There are two part-time members, one from Quebec and one from Ontario, who together amount to a second full-time member.

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Recommended Action

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Queen's Counsel designation

Issue

The appointment of federal servants as Queen's Counsel (QC) is done on the recommendation of the Minister of Justice to the Governor in Council. The federal government renewed this practice in 2013 and has since appointed seven counsel each year on the occasion of the Statutes of Westminster anniversary on December 11.

Background

The conferral of a QC status is an exercise of the Crown prerogative. A QC appointment is a mark of recognition to honour lawyers who demonstrate exemplary service to Canadian society through their dedication to the law and to Canada's justice system. The federal government ceased the practice of establishing QC appointments in 1993, resuming it in 2013 with the appointment of seven counsel. The exercise was repeated in 2014 with the appointment of another group of seven. Federal eligibility is restricted to employees of federal public administration.

QC appointments are also made in some provinces (British Columbia, Alberta, Saskatchewan, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador). Most provinces have established advisory committees of varying size and composition, including members of the judiciary, the local law society, and the provincial government. Most processes are application-based, although some rely on public calls for nominations. Eligibility criteria vary, with a year of call requirement between five and fifteen years.

In order to ensure that the award is regarded as truly meritorious, a selection process is conducted at the federal level calling for nominations based on elements such as career accomplishments. For the most recent appointments, the nominations were canvassed through Justice Canada's Deputy Minister's Office and assessed by an advisory committee with representatives from the Judge Advocate General Office, the Public Prosecution Service of Canada, and the Privy Council Office (PCO) before being submitted to your predecessor for approval.

Once the names of the candidates are confirmed, Justice Canada's Cabinet and Parliamentary Affairs Unit assists in preparing the documentation (e.g., Order in Council and Ministerial Recommendation) for presentation to the Governor in Council for approval.

Recommended Option

Should you wish to give QCs designations by December 11, 2015, it will be necessary to confirm the candidates in early November 2015. The advisory committee met and a list of recommended candidates is ready for your consideration. Normal timelines to provide the proposal to the Governor in Council would require the documentation to be submitted to PCO by mid-November. After this date, a letter of urgent consideration and a call to the President of the Treasury Board may be required.

Appointments by the Governor in Council

Issue

The Privy Council Office (PCO) regularly provides a list of upcoming vacancies in organizations under the responsibility of the Minister of Justice. The list received in September 2015 indicates that seven appointments ending between February and August 2016 will need to be addressed for renewal or discontinuance.

Background

The Minister of Justice is responsible to recommend to the Governor in Council a number of appointments for various portfolio organizations. The following seven appointments will require your attention.

Director of Public Prosecutions

Brian J. Saunders (Ontario), appointment ending on May 27, 2016.

Justice Canada officials understand that a briefing note will be provided by the Public Prosecution Service of Canada.

Federal Ombudsman for Victims of Crime

Susan O'Sullivan (Ontario), appointment ending on August 15, 2016.

Members of the Canadian Human Rights Tribunal

Edward Peter Lustig (Ontario), part-time appointment ending on February 17, 2016.
Ricki Theresa Johnston (Alberta), part-time appointment ending on June 5, 2016.
Sophie Marchildon (Ontario), full-time appointment ending on June 5, 2016.
Ronald Sydney Williams (Ontario), part-time appointment ending on June 5, 2016.

Commissioner for Federal Judicial Affairs

William Brooks (Ontario), appointment ending on August 14, 2016.

The process to renew or discontinue an appointment is initiated within your office by directly contacting the appointees. When a decision is made to appoint or renew, the instructions are communicated to the Justice Canada Ministerial Secretariat through your responsible officer who provides the name of the appointee, his or her place of residency, the title, the term of the appointment, and the status (part-time or full-time). The Ministerial Secretariat will arrange for an Order in Council and a Ministerial Recommendation to be prepared and provided to your office in the required timeline.

Recommended Action

The earliest renewal is due in February 2016 for Edward Peter Lustig, who was appointed
part-time member of the Canadian Human Rights Tribunal in 2008. Instructions will be sought from your office in the upcoming weeks regarding the renewal or discontinuance of this appointment.

When a decision is made not to renew, PCO recommends to give adequate notice to the incumbent so that they may arrange their personal and professional affairs. Template letters of non-renewal can be provided.

Regarding the other upcoming vacancies identified, instructions will be sought at the end of 2015 or beginning of 2016.

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Date modified:

2016-06-02