Beyond The Commons

Beyond The Commons

Aaron Wherry covers all the goings-on in and around Parliament Hill. Follow Aaron on Twitter: @aaronwherry

Consult widely

by Aaron Wherry on Thursday, October 20, 2011 11:00am - 1 Comment

Lorne Sossin calls for a return to the 2005 model for Supreme Court consultations.

As originally developed during the Liberal government of Paul Martin, the screening committee involved members of Parliament, but also leaders in the legal community and representatives from non-partisan bodies within that community. The advisory committee developed in 2005 included an MP from each party, a retired judge and, from the region where the vacancy arises, a nominee of the provincial attorneys-general, a nominee of the law societies and two prominent Canadians who are neither lawyers nor judges.

… This hybrid model was far from perfect, but it signalled that, while the voices of elected parliamentarians matter, it was also vital that the selection of judges not be, and not be seen to be, simply an expression of majority will. The court’s mandate to be vigilant over minority rights and interests is a fundamental aspect of Canadian democracy. 

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  • Anonymous

    “Much to Mr. Harper’s credit, he broke with tradition in 2006 and created the public hearings. Remember the silly exercise in 2004 when Liberal justice minister Irwin Cotler sat in for the nominees and told the country how wonderful they were? ”
     
    http://www.theglobeandmail.com/news/opinions/editorials/even-good-supreme-court-nominees-need-public-scrutiny/article2204027/
     
     
    From Sossin’s link:    “The Prime Minister deserves credit for resisting the temptation to politicize the judiciary, and the Supreme Court in particular, through appointments motivated by partisanship.”
     
    You are going to hear complaints from the legal beagels for being left out as well as Moldaver having the nerve to tisk, tisk some of the defence lawyers for abusing Charter.

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