Tories allege government interference in appointment of provincial court chief judge

The Progressive Conservatives are alleging the government interfered in the appointment of the chief judge of the provincial and family courts of Nova Scotia by not following an independent selection committee's recommendation.

On Thursday at the legislature, Tory Leader Tim Houston tabled documents from 2018 he said show Justice Minister Mark Furey ignored the terms of reference for the committee when he did not appoint the recommended candidate.

The committee was made up of the chief justice of Nova Scotia, the associate chief judge of the family court, a member of the public appointed by the justice minister and the president of the provincial judges' association.

In the committee's terms of reference, it says "the Governor in Council will act on the advice of a recruitment committee."

That committee recommended Judge Alanna Murphy for the post. Furey, however, reappointed Judge Pamela Williams, something he could have done without appointing the committee.

The move prompted a stern rebuke from then-Chief Justice Michael MacDonald, the committee chair.

In a letter to Furey in September, he wrote: "Representing the common interests of each and every judge in the province is fundamental to my role as Chief Justice of Nova Scotia. The recent recruitment committee process for the appointment of the chief judge of the Province and Family Courts undermined that role.

"For this reason, I can no longer be involved with future appointments for either the chief judge or associate judge."

Houston said the fact MacDonald's letter was written so close to his retirement in February speaks volumes.

"I think that adds more power to what's happened," he told reporters

The Tory leader said he doesn't know Williams or Murphy and has no issue with either of them. His problem, he said, is with the process.

"We should never have political interference in the court system and that's what I feel has happened here."

Furey strongly disputed that suggestion.

He said he convened the committee because he thought it was appropriate to go through the process and consider options, but that it is ultimately his decision to make the appointment.

"I wanted to know that I had all of the information that one would want to have in making these types of important appointments or reappointments," he told reporters.

Furey said based on the information he received, he saw no cause to move away from Williams, who was first appointed to the job by the former NDP government.

"She has provided outstanding leadership in the observations I've made and the familiarity I've had with her office and her role in oversight of the provincial court bench."

Making the decision was in no way a reflection of government preference, said Furey.

"There was nothing presented to me that gave me any reason to displace an incumbent who has proven herself to be a competent chief judge of the provincial court."

It's government's decision

While Justice Department officials talked with MacDonald about his letter, Furey said he never did. The two worked together well and on multiple occasions between that time and MacDonald's retirement, said Furey.

Just as MacDonald is passionate about the independence of the judiciary, Furey said he feels the same way about the independence of executive council.

"Government has to make decisions based on all of the information available," he said.

"I applied a process consistent with the legal advice of the most senior officials in the Department of Justice."

Premier Stephen McNeil said the committee's terms of reference are "clearly written" and the process is what has been followed by previous governments.

'Impeccable credentials'

Williams has "impeccable credentials," he said, pointing to her efforts to develop the province's first wellness court and improve the justice system for the First Nations community, as well as her work on the Nova Scotia Home for Colored Children file.

He likewise had high praise for Furey. "I would put his integrity against anyone's."

McNeil said Houston's effort Thursday was simply an opposition leader doing what he does.

"He's doing his best to be noticed. That's how it goes."

Houston, meanwhile, argued the letter from MacDonald provides yet another example of "how far this Liberal government will go to get what they want."

A spokesperson for the provincial judiciary said the organization had no comment on what happened at Province House.

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