Alberta Justice Minister Doug Schweitzer removed the entire committee that vets potential provincial court judges and recruited new members through a closed process that experts say is long outdated.
Alberta Justice Minister Doug Schweitzer purged the entire committee that vets potential provincial court judges and recruited new members through a closed process that experts say is outdated and increases the chance of partisan appointments to the court.
Schweitzer rescinded the appointments of seven public members of the Provincial Court Nominating Committee (PCNC) through a generic email from his deputy minister on April 29. No reason was given. Some members had a year or more remaining in their three-year terms.
Several new appointees told CBC News they never applied for a seat on the committee and instead had been recruited.
Former finance minister Pat Nelson, who served under premier Ralph Klein, said she can’t remember who from Alberta Justice called to recruit her, nor can she recall who conducted the “short” interview with her or if she was asked to provide references.
David Ross also told CBC News he had not applied to serve on the committee and had been recruited.
“I have just found out that I’m apparently the chairman, and I have no idea about anything more than that,” said Ross, who is one of the founders of the conservative Edmonton law firm McLennan Ross LLP, where he specializes in management-side labour law.
“We don’t even have meetings, can’t have meetings,” he said, referring to COVID-19 physical distancing restrictions. “I’m 83 years old. I’m told to stay home.”
Appointment process called outdated
“I have not heard in 2020 of people picking up the phone and inviting people. That is not a proper committee composition,” said Richard Leblanc, a professor of ethics, governance and law at York University in Toronto.
“Proper committee composition is interviews, a long list, a short list and independent arm’s-length relationships.”
University of Guelph political scientist Troy Riddell, who has spent years studying judicial appointments, said the province should take regulatory steps to formalize the appointments process and prevent the mass replacement of a committee.
“Alberta is not alone in not having necessarily good statutory protection for these committees, so it leaves a lot of discretion in the hands of the minister.”
He said the province has a disproportionately higher number of government-appointed judicial vetters than ex-officio members when compared with other provinces.
For instance, B.C. has four government appointees and five ex-officio members. Ontario has seven government appointees and six ex-officio members. Alberta’s PCNC has eight government appointees and three ex-officio members.
The PCNC is responsible for vetting and recommen