PC candidate 'confident' Higgs, Tories will repeal Liberal judge transfer law

Progressive Conservative candidate Ted Flemming says he's confident a PC government will repeal a controversial Liberal law on moving judges even though Flemming's leader has refused to commit to such a repeal.

Flemming contacted CBC News to explain his view of the party's position after Blaine Higgs said he would need to study the law before deciding to get rid of it.

"I have been forcefully opposed to the changes, to the fullest extent of my ability to communicate it, since the day they were first introduced," said Flemming, a former justice minister and attorney-general.

"Our party has held the same position. We have been united on it and it would be my expectation that legislation should be introduced in the event that we form government which would return the situation to the status quo."

Power shift

The Liberals passed the legislation, an amendment to the Judicature Act, last year.

It took away the unilateral power of the Chief Justice of the Court of Queen's Bench to transfer judges on his court. He must now get the consent of the justice minister, an elected politician.

As early as 2016, Flemming and other PC MLAs denounced the bill as a blatant violation of the independence of the courts.

But at a campaign stop early in the election, Higgs said he wasn't sure he'd want to repeal the amendment if he became premier after the Sept. 24 election.

"We haven't made any decision on it," Higgs said. "As with any bill, I am hesitant to just jump and repeal it. I want to look at what it's done, what are the issues, what are the restrictions, how do people feel about it today."

'He doesn't spout off at the mouth'

Flemming chalked that up to the fact that election campaigns are "long and tedious and tiring."

He said Higgs "doesn't jump to rash conclusions. He doesn't spout off at the mouth. He's a thoughtful man who wants all the facts before he barks off, and I'm sure those facts are there and we won't have any disagreement."

Flemming said it's his "expectation" that a PC government would promptly repeal the 2017 bill.

"I believe that I probably, as a lawyer, am much more attuned to the situation than anybody, being really the only lawyer in caucus," he said.

"I'm confident that the leader and I hold the same opinion."

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