Provincial Court Nominating Committee Mandate and Roles Document August 2016 The Mandate and Roles Document for the Provincial Court Nominating Committee has been developed collaboratively between the Minister of Justice and Solicitor General and the Committee to reflect a common understanding of their respective roles and responsibilities and to maintain sound communications. 1. Mandate and Accountability Committee Mandate Created under section 7 of the Government Organization Act, the Provincial Court Nominating Committee ( the Committee ) is an advisory agency accountable to the Minister of Justice and Solicitor General ( Minister ) and responsible for providing advice and guidance regarding recommendations for Provincial Court judicial appointments. Additional details outlining the responsibilities of the Committee are in the Terms of Reference. The Committee has responsibilities under, and is subject to, a number of statutes and regulations including: Alberta Public Agencies Governance Act (APAGA); Government Organization Act; Freedom of Information and Protection of Privacy Act (FOIP); and Public Sector Compensation Transparency Act (PSCTA). Committee Accountability Committee members must act honestly, in good faith, leaving aside personal interests to advance the public interest and the mandate of the agency. The Committee is accountable to the Minister. Minister s Accountability The Minister of Justice and Solicitor General is accountable to the Legislature for the operation of the Committee. 2. Roles and Responsibilities a) Minister The role of the Minister is to: appoint, or recommend the appointment of, the Committee members and the Chair based on the assessment that the appointees have the appropriate knowledge, skills, experience, and values to assist the Committee in achieving its objectives and performing its functions; Page 1 of 6
monitor the operations and performance of the Committee to ensure that it is fulfilling its mandate in compliance with government policies; and inform the Committee of government policies and direction affecting the work of the Committee. b) Deputy Minister The Deputy Minister supports and acts under the general direction of the Minister. c) The Ministry of Justice and Solicitor General In order to meet the responsibilities delegated to the Committee, the ministry is responsible for supporting the Committee in the following areas: d) The Chair o Financial resources (remuneration, expenses); o Human resources (recruitment, hiring of members); o Orientation and training; o Administration and operational support (organizational functions and other business activities); and o FOIP and legislative support. With direction from the Committee, the Chair represents the interests of the Committee in dealing with the Minister, Deputy Minister, the Ministry staff, stakeholders, and the community. The Chair is responsible for providing leadership for the Committee and for effectively facilitating the work of the Committee. The Chair is responsible for: planning and managing Committee meetings; preparing and providing the Minister with an Annual Report indicating the Committee s major activities and accomplishments and the extent to which its planned activities and goals were achieved; conducting annual performance assessments of Committee members; overseeing compliance with all relevant policies and procedures by which the Committee operates, and ensuring that the Committee operates at all times in compliance with all applicable laws and regulations, the Committee s Code of Conduct and to the highest ethical standards; administering the Code of Conduct and ensuring that conflict of interest matters are addressed by the Committee; and ensuring that all material developments and significant emergent issues of the Committee are disclosed to the Minister on a timely basis. Page 2 of 6
e) The Committee The Committee is responsible for the governance of and overseeing the management of the Committee s business and affairs. As an advisory committee, it typically meets three times a year to review and recommend judicial appointments to the Minister. The Committee is responsible for: holding meetings as required, but generally at least three times a year; making all reasonable efforts to ensure that the advice provided to the Minister is evidence-based; and ensuring all external communication is carried out through the Chair. 3. Recruitment and Appointment of Committee Members Members are appointed by the Minister of Justice and Solicitor General and collectively constitute the Committee. Eight members are appointed by the Minister and the remaining members are representatives from the Provincial Court, the Law Society of Alberta, and the Canadian Bar Association, Alberta Branch. Membership needs to include at least one legal member from both Calgary and Edmonton. Appointment of each member of the Committee is for a term length specified by the Minister, with the potential of reappointment based on satisfactory performance. An individual s appointment is limited to a maximum of ten years of continuous service. Process for Recruitment and Appointment The Committee, will develop a competency matrix for the Committee as a whole and the values and competencies required for individual members. When vacancies arise, the matrix will be used to identify competencies required of the new recruit. The matrix will be subject to approval by the Minister. When a vacancy occurs, the Committee will identify the competencies that need to be replaced and will provide that profile to the individual/team responsible for leading the recruitment process. Values will include respect, integrity, excellence, and accountability. Competencies will include strong listening and communication skills, skills in developing consensus and other competencies identified in the competency matrix. Additionally, consideration needs to be given to maintaining a balance of lawyers and lay members. The ratio of six lawyers and four lay members is the desire complement. The Chief Judge does not participate in making reference checks, so this work falls upon these ten members. a) Chair Position The recruitment process for the Committee Chair will be led by a representative from the Ministry s Human Resource Services in consultation with the Deputy Page 3 of 6
Minister (or designate), a representative from the Resolution and Court Administration Services Division and a representative from the Minister s Office. Human Resources will publicly advertise the position and all identified candidates will be screened against the required qualifications outlined in the posting. b) Committee Members The recruitment process for a Committee member will be led by a representative from Human Resources in consultation with the Chair, the Deputy Minister (or designate) and a representative from the Minister s Office. A public posting for the Committee member vacancy will be the responsibility of Human Resources. Subsequent applications will be reviewed by Human Resources, the Chair, the Deputy Minister (or designate) and the Minister s Office. Consideration should be given to representation based on: Legal background Public Members Geographical representation of the province Gender as well as visible, cultural and sexual minority status Other representation that is relevant to the justice system After appropriate screening for conflict of interest, a list of recommended candidates will be forwarded to the Minister for consideration. The Minister will secure appointments from the list of suitable candidates. The ministry will coordinate the appointment process and the successful candidate(s) will be appointed by a Ministerial Order. Remuneration The Committee members are remunerated by honorarium for their time spent conducting Committee business. The members expenses are reimbursed in accordance to the Government of Alberta s Travel, Meal and Hospitality Expense Directive. Order in Council 466/2007 (Schedule 1, Part A) establishes the rates of remuneration payable to the members. It can be found on the Alberta Queen s Printer website http://www.qp.alberta.ca/. 4. Communications between the Committee and the Ministry The Resolution and Court Administration Services Division interacts with the Committee for the purposes of providing appropriate information to assist members in making knowledgeable and informed recommendations for Provincial Court judicial appointments. The work of the Committee is independent of the ministry to maintain confidentiality of the judicial selection process. The Policy and Planning Services Branch interacts with the Judicial Selection and Appointments Coordinator within the Resolution and Court Administration Services Division for the purposes of required administrative functions and the recruitment and appointment of Committee members. The Judicial Selection and Appointments Page 4 of 6
Coordinator acts as the Secretary for the Committee. The main branch contact is the Executive Director (or designate) within the Policy and Planning Services Branch. 5. External Communications The Committee is responsible for addressing how it interacts with the public and will consult with the Minister on items of concern. 6. Administration of this Document Review of this Document This document is in effect for three years from the latest signature below and it is to be renewed or revised by the expiry date. This document may be amended at any time; any amendment must be signed by the Chair and by the Minister. Transparency Copies of this document will be filed with the Minister s Office, by the Committee and by the Public Agency Secretariat. In support of the principle of transparency, this document will also be available to the public on the ministry s website. Periodic Agency Review A review of the Committee s mandate and purpose will be carried out by the ministry in accordance with the review process developed in consultation with the Public Agency Secretariat. This document reflects the mutual understanding of the Minister and Chair but is not intended to, and does not, create any binding legal obligations enforceable in a court of law. Affirmed, Original Signed Committee Chair Jill Wilkie Original Signed Minister Kathleen Ganley Minister of Justice and Solicitor General August 15, 2016 September 26, 2016 Date Date Page 5 of 6
Competency Matrix Provincial Court Nominating Committee Term Expiry Core Qualities Board Experience and/or Leadership Qualities (i.e. public service, community involvement) Integrity and Accountability Adaptability Decision Making Collegiality and professionalism Strong listening and communication skills Consensus building Objectivity Interview and telephone consultation skills Good judgment and assessment of character Previous Board Experience Chair position Served on Board Reported to Board Previous Leadership Experience Education Extensive knowledge through experience Basic or common knowledge Issue resolution Public Awareness Ability to advance the public interest Effective communication to public Confidentiality Knowledge of social circumstances Community development to public Fiscal accountability Cross-community sharing in the legal community Cultural sensitivity/first Nations Chair Legal Member Public Member Page 6 of 6