Arseneault won't explain 'amongst friends' reference to moving judges

A senior Liberal cabinet minister is refusing to explain what he meant when he told the legislature that a top judge in the province was moving other justices from court to court "amongst friends."

The May 18 comments by Energy Minister Donald Arseneault added more fuel to the controversy over Bill 21, legislation that would give the justice minister a veto over Court of Queen's Bench Chief Justice David Smith transferring other justices.

But Arseneault refused Friday to explain what he meant. "I've said enough on the issue, and I do believe in the legislation that's before us," he told reporters.

Smith has said Bill 21 could threaten the independence of the courts and his lawyer Michael Bray says the chief justice may look at legal options if the bill passes.

Justice Minister Stephen Horsman, the sponsor of the bill, has avoided criticizing Smith in the showdown, saying repeatedlythat he respects the chief justice.

But Arseneault implied during a recent debate that Smith had ulterior motives for some of the transfers he has made.

After listing some of the 13 justices Smith has moved, Arseneault asked, "Who's probably next? Who's looking to go to Moncton? One that just got named in Saint John, Marie-Claude Blais." Blais is a former Progressive Conservative cabinet minister.

"And of course," Arseneault added, "amongst friends, if we did it thirteen times, we could surely do it fourteen times."

Brayresponded with a written statement calling the comments "an extraordinary impugning of judicial integrity" and challengedArseneault to present facts to back up his statements.

ProgressiveConservative MLA Jody Carr said Arseneault's comments about Blais underscored why giving politicians a veto over moving judges could allow for political interference.

Arseneault defended Bill 21 Friday as "a very fair piece of legislation" but he repeatedly refused to say what he meant by "amongst friends."

"I'm not going to make any comments on this file," he said. "We made some comments in the legislature and I think it's been very clear."

Horsman defended Arseneault's comments on a CBC political panel Thursday, without explaining what his colleague meant.

"You know how it is" in the legislature, he said. Arseneault "is very passionate about what he does. He might not have the right information at the time.

"I don't think he's done anything wrong," Horsman added. "He's had some misinformation. He's very passionate about his work. It's my responsibility as minister of justice to administer the courts in New Brunswick, not Minister Arseneault."

The Liberals say Bill 21 would not give the government as much power over judges as exists in Saskatchewan and Newfoundland and Labrador.

In those provinces, Horsman says, the cabinet can move judges without consulting the judges at all. "There's no consultation in both of those provinces. The chief justice is not even involved."