Chief Justice warned PMO about Nadon appointment


FiveParadox
Liberal
#1
In a further demonstration of the tension between the Prime Minister’s Office and the Supreme Court of Canada, it has been reported that The Right Honourable Beverley McLachlin P.C., C.St.J., the Chief Justice of Canada, warned Her Majesty’s Government that there could be “issues” with the appointment of The Honourable Marc Nadon, Justice of the Federal Court, to the country’s top court as one of the three Québec justices.

Nevertheless, the Prime Minister moved ahead with the appointment anyway. Months later, after a lawsuit by a Québec barrister, and a costly reference to the Supreme Court, the appointment was declared unconstitutional and Justice Nadon’s appointment was rendered void. This is yet another example of the Prime Minister’s complete lack of respect for the Constitution Acts, 1867-1982, and Canadian institutions.

The Government has taken several high-profile hits before the Supreme Court in recent weeks:
  • having its Senate reform proposals rebuked as unconstitutional (an 8-0 decision);
  • striking down an attempt to restrict judges’ discretion for offenders’ pre-sentencing credit (a 7-0 decision);
  • declaring prisoners have the right, per habeus corpus, to prompt access to superior courts (an 8-0 decision);
  • declaring the The Hon. Marc Nadon’s Supreme Court appointment as unconstitutional (a 6-1 decision); and
  • declaring an attempt to retroactively change parole rules to be unconstitutional (an 8-0 decision).

Conservatives, apparently, are incensed that the Supreme Court has knocked back the Government so frequently in recent weeks. In my view, though, if your Government’s agenda is being blocked by the Supreme Court as “unconstitutional,” then maybe it’s time for these initiatives to be rethought and brought in line with the fundamental principles of justice, and the framework of Canadian law.

Source: CBC - Ottawa warned of potential problem before before Marc Nadon named to supreme courtSource: The Globe & Mail - Harper v. the Supreme Court: Five recent losses for the PM
 
Retired_Can_Soldier
+1
#2
Good grief. I'm beginning to think we should dump the monarchy just so FivePardox will change his avatar.
 
FiveParadox
Liberal
#3
It was a stick-figure puking rainbows for like two years, I thought a change would be nice. lol
 
Tecumsehsbones
#4
Quote: Originally Posted by FiveParadoxView Post

It was a stick-figure puking rainbows for like two years

I liked that one. It was more realistic than your new one.
 
Retired_Can_Soldier
+2
#5  Top Rated Post
Quote: Originally Posted by FiveParadoxView Post

It was a stick-figure puking rainbows for like two years, I thought a change would be nice. lol

Bring back the rainbow puking stick figure. That's what I say. If ITN were here, he'd back me up. Bear too.
 
FiveParadox
Liberal
#6
Conservatives are apparently contemplating how to strike back at the Supreme Court after its five embarrassing defeats at the hands of Canada’s top justices. Conservatives are even suggesting that (a) the Chief Justice lobbied against Mr. Justice Nadon’s appointment, and that (b) the Chief Justice has been telling people that the Conservatives are causing unprecedented damage to the judicial system. This has all prompted the unusual step of a public response from the Chief Justice’s executive legal office.

A Conservative member of the House of Commons has even been quoted saying that “what [the Left] couldn’t achieve politically, they have achieved through decades of court appointees” (source). I think our Conservative friends should take a closer look at who appointed the majority on the top bench:

  • Appointed by The Right Honourable Brian Mulroney P.C., C.C., G.O.Q. (Progressive Conservative)
    • The Right Hon. Madame Chief Justice Beverley McLachlin
  • Appointed by The Right Honourable Jean Chrétien P.C., O.M., C.C., Q.C. (Liberal)
    • The Hon. Mr. Justice Louis LeBel
  • Appointed by The Right Honourable Paul Martin P.C., C.C. (Liberal)
    • The Hon. Madame Justice Rosalie Abella
  • Appointed by The Right Honourable Stephen Harper P.C., M.P. (Conservative)
    • The Hon. Mr. Justice Marshall Rothstein
    • The Hon. Mr. Justice Thomas Cromwell
    • The Hon. Mr. Justice Michael Moldaver
    • The Hon. Mr. Justice Andromache Karakatsanis
    • The Hon. Mr. Justice Richard Wagner

With only two Liberal appointments on the Supreme Court, and another Conservative appointment to come soon, we are looking at a top bench with two-thirds of its membership directly appointed by Mr. Harper himself. Clearly, the problem is not on the bench, but is with the Government of the day running roughshod over the Constitution Acts, 1867-1982. At some point, the Conservatives need to stop blaming “the Liberal Supreme Court” for their woes.
 

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