moved:

That the House call on the government to respect the custom of regional representation when making appointments to the Supreme Court of Canada and, in particular, when replacing the retiring Justice Thomas Cromwell, who is Atlantic Canada’s representative on the Supreme Court.

Mr. Speaker, I am pleased and honoured to split my time with the hon. member for St. Albert—Edmonton.

I cannot really start this without saying how moved I was by the comments concerning the member for Calgary Midnapore. He has done an outstanding job. I have been very proud to serve in Parliament with him, and I was particularly moved by his speech. I would hope that people who study the history of the House of Commons will include his speech today as one of the great moments in the history of this chamber.

I am rising today in defence of the people of Atlantic Canada in regard to the Prime Minister's questioning of the constitutional convention of appointing a representative from Atlantic Canada to the Supreme Court of Canada. I am speaking on behalf of Atlantic Canada, but indeed I believe everyone across this country has a stake in the constitutional convention that makes up the Supreme Court of Canada. If one is from western Canada, I am sure it would be as completely unacceptable if the Prime Minister started questioning whether we should have a seat on the Supreme Court of Canada. I believe that would be the case.

It was fascinating for me recently to look up the information on file concerning my great-great-grandfather, Alexander Campbell. He served with distinction as the member of the Legislative Assembly of Nova Scotia for Inverness County. While they did not have Hansard for many, many years in the way we now have it, they were transcribing people's exact words and would do a summation of what a member of the Legislative Assembly said, and they would publish that. I was fascinated to see, among other things, that he questioned whether Cape Breton was getting ignored or was getting its fair share from Ottawa. I thought to myself how unhappy and how ironic it is today that we are talking about Atlantic Canada being ignored and not being properly treated.

This has been a constitutional convention for over 140 years and is something that has worked well and is only appropriate. This is a vital part of this country. It has always been since this country's creation. There are 2.3 million Atlantic Canadians, and to say that they will now not have that constitutional convention of having a representative on the Supreme Court of Canada is not acceptable.

I am hoping that we in the Conservative Party will not be alone in challenging this. I have had people say to me, “You just have to understand, the Liberals do not like anything about our system. They don't like our electoral system, our voting system; they don't like the composition of the Supreme Court of Canada”. Well that is not good enough. There is nothing wrong with the wonderful systems that we have developed in this country, and what we have done with the Supreme Court of Canada is something we should be very proud of.

It is certainly my hope, as members will note from the drafting of the motion, that it will not be seen as partisan, or angry, or unreasonable. I am hoping that along with us in the Conservative Party, some of the 31 members of Parliament from Atlantic Canada will stand and say the same thing. Okay, the Prime Minister does not like it, but it is the right thing to do. Certainly I have heard a deafening silence, quite frankly, and certainly it is my hope that we will hear from some of the four Liberal premiers in Atlantic Canada. A week ago, I heard from the opposition leaders from the Progressive Conservative Party in Atlantic Canada, who were unanimous in thinking it would be a great idea for us to continue this constitutional convention, that it would be the fair thing to do.

It is not just us in the Conservative Party who think this is a great idea. There is a groundswell of support for supporting the existing constitutional convention. I would like to bring attention to others who have come forward.

One judge, apparently from Atlantic Canada, speaking on condition of anonymity, which I can understand, said:

Universally people feel that it’s a slap in the face. It’s looking at leaving Atlantic Canada out, and there’s really no need for doing it.

René J. Basque from the Canadian Bar Association said:

We would like to see the highest court continue to represent all regions of Canada. Representation of regions, legal systems and population all bring the range of knowledge and perspectives that inform the law.

A letter from the Canadian Bar Association states:

Our highest court must continue to represent all regions of Canada, including Atlantic Canada. Consequently, we urge you to amend the mandate of the Advisory Board outlined in your August 4, 2016 letter, to ensure that the Atlantic Canada vacancy is filled by a meritorious candidate from that region. We also urge you to honour regional representation in filling future vacancies on Canada’s highest court.

There is no problem with appointing qualified judges from Atlantic Canada. I had the great honour of being the longest-serving justice minister, certainly in my lifetime. I was involved with hundreds of appointments. There are outstanding individuals in Atlantic Canada who could do this.

That is all I am asking. This is all my colleagues in the Conservative Party are asking. Let us do the right thing.

We want to reach out to others. Quite frankly, there is a lawsuit by Atlantic Canadian lawyers who are taking this matter to court, because they say, quite correctly, that this is a violation of a constitutional convention. There is no question that it is. I have been very clear that, yes, it would be a violation of a constitutional convention, but I also believe it is the right and appropriate thing to do to have all areas of this country represented on the Supreme Court of Canada. It is not just the constitutional issue; it is the right thing to do.

There are many things that the government and the Prime Minister do not like. They do not like the electoral system in Canada. There are all kinds of things they do not like about the tremendous successes we have had in this country.

However, one of the successes that I think they should leave is the success of the composition of the Supreme Court of Canada. Again, I would say to those 31 members of Parliament from Atlantic Canada, please step forward and have a look at the wording of this motion. This is not overly partisan. There should be no problem with this. Step up, step forward for Atlantic Canada. I believe the people of Atlantic Canada will thank them for doing that. Their constituents will thank them for doing it, because they know it is the right thing to do.

Rob Nicholson

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