Canadian Lawyer

April 2011

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP CENTRAL First domestic violence court in Nova Scotia Although no programs are yet in place, the focus will be on increased support for families and rehabilitation services for abusers. The initiative, which will cost $1 million to get V off the ground, will initially run as a pilot project in Sydney. One of the advantages of this com- munity is its cohesiveness, says Dan MacRury, chief Crown attorney for the Cape Breton region of the Public Prosecution Service. "We have very good working relationships with the various sec- tors that work in this area. This problem needs a collaborative and co-ordinated approach." The new court system, part of the govern- ment's Domestic Violence Action Plan released late last year, is currently in the development stage. A working group is meeting to identify what programs should be put in place and when. Time is not of the essence, says MacRury. "There is no set timeline. We want to do this right. The key is to make sure all the players are consulted." Nova Scotia is not the first province to establish a domestic violence court. The first such judicial venture was started in Manitoba more than two decades ago. Newfoundland and Labrador put its system in place in 2008. In between, Ontario, Alberta, the Yukon, Saskatchewan, and New Brunswick have all set up domestic violence courts. Regardless of location, the emphasis is on improving the system, not giving offenders a free ride, says MacRury. "A domestic violence pro- gram does not decriminalize domestic violence. These are serious charges, and they need to be addressed." Nova Scotia's new court, which will cost approximately $800,000 a year to operate, will reflect local needs and local issues. "This will be a made-in-Nova-Scotia project," says MacRury. "It will adapt to our area." — DM 8 A PRIL 2011 www. CANADIAN Lawyermag.com ictims and offenders will both ben- efit from the establishment of Nova Scotia's first domestic violence court. QUEBEC TAKING FIRST STEPS IN FIXING JUDICIAL APPOINTMENT PROCESS Q uebec's justice department is still studying permanent amendments to the protocol for judicial appointments by the provincial govern- ment following January's release of the Bastarache Commission report highlighting a lack of transparency and vulnerability to undue influence in the process. But Quebec Justice Minister Jean-Marc Fournier is implementing a series of "interim" measures designed to counter those conclusions by the $5-mil- lion inquiry that grabbed headlines for months while undermining public confidence in the system. Chief among them is a change in how representatives of the public are picked for the three-member selection committee that reviews applications from candi- dates and then makes recommendations to the justice minister. Fournier chose to implement a recommendation to the Bastarache Commission by the Barreau du Québec that members of the public on the committee be chosen by the Office des professions du Québec — which already appoints people to work on oversight and governance of 51 professional orders — instead of the justice department. Prior training would be given to them as recommended. As well, the criteria for each post — whether to the Court of Quebec, municipalities or administra- tive tribunals — will be clearly identified in advertising that will be hyperlinked to a standardized online form. Members of the selection committee, which will include a lawyer and a judge, will be asked to provide detailed remarks about candidates selected for recommendation. Reasons why a particular candidate is chosen, along with his or her biography, would also accompany an official notice of appointment by the justice ministry. The commission headed by Michel Bastarache, the retired Supreme Court of Canada justice who is counsel with Heenan Blaikie LLP, had noted that there were "no standards governing the operation of the selection committees." As for any political interventions or influence, it is the process that follows the justice minister's receipt of the selection committee's recommendations that was judged to be most problematic. Under the 1981 government "regulation respect- ing the procedure for the selection of persons apt for appointment as judges," there are no specifics on the process to be followed once the justice minister has the selection committee's final candidates in hand and makes his or her recom- mendation to the premier and the Conseil des ministres, or cabinet. Given that any change to the law must go through a formal National Assembly legislative process and would require further consultation, Fournier said for now there is a dictate that no political staff members of either the justice department or the premier's office would be involved in the process or informed of the choice of candidate. During the Bastarache inquiry, Chantal Landry, a political aide to Premier Jean Charest responsible for nominations, disclosed that she used Post-it notes to identify the files of known Liberal candidates. Fournier stated clearly that no candidate would be questioned on the basis of any commitment to a particular political party, and that neither cabinet ministers

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