Supreme Court Nomination Process

[FiveParadox]

:arrow: Interim Supreme Court Appointments Process

Today, the Government of Canada announced the interim process to be used to appoint a new Puisne Justice of the Supreme Court, in order to replace the Honourable John Major, Puisne Justice of the Supreme Court and Privy Councillor.

The interim process is to be used for this appointment exclusively, and "does not preclude changes to the Supreme Court appointments process being made in the future." This process would have the candidates interviewed on public television by an Ad Hoc Committee, in an effort to make the next Puisne Justice of the Supreme Court more accountable to the people of Canada.

:arrow: My Opinion

I would assert that having a public and televised interview with nominees for the Supreme Court of Canada, the highest arbiters of disputes, legislation and human rights in our nation, is not a wise move. If our Justices are submitted to the scrutiny of the nation, we could end up with Justices who are afraid to express opinions that are anything other than the popular opinion in Canada.

In my opinion, reforms such as these could cause the Supreme Court of Canada to become more partisan than we would like — being scrutinized in front of the nation could pressure nominees into expressing only those views that they think would be conveyed in a favourable light with the public — however, is that what we want? Would we prefer a Court that is afraid to rule against the popular opinion of the nation, or a Court which endeavours to rule based on constitutional, regulatory and conventional practice?

Our Justices need to be impartial and, in my opinion, this puts that principle into jeopardy.

:?: Source
Click here for the article (on the Office of the Prime Minister Web site).

 

[darkbeaver]

RE: Supreme Court Nominat

My sentiments exactly, and the final say rests with the PM as usual, this is just Americanization.

 

[vishliberal]

I agree with you 100%. Americanization starts hear Canadians! As for the Televised interview...oh yeah thats GREAT...but its not like we are voting on who will be picked or something like that! Harper, get it straight...us Canadians like the system to REMAIN Canadian, Not sure how its done in America, but here, the Prime Minister usually has the final say!

 

[FiveParadox]

It should be noted that on more than one occasion, the Right Honourable Beverly McLachlin, Chief Justice of the Supreme Court of Canada and Privy Councillor, has warned against public cross-examination of potential Justices, as a sure-fire way to politicize the Bench.

 

[darkbeaver]

RE: Supreme Court Nominat

Right on Five.

 

[Finder]

Re: RE: Supreme Court Nomination Process

It should be noted that on more than one occasion, the Right Honourable Beverly McLachlin, Chief Justice of the Supreme Court of Canada and Privy Councillor, has warned against public cross-examination of potential Justices, as a sure-fire way to politicize the Bench.

I'm split on this one...

 

[I think not]

As long as your system is the exact opposite of the US I'm sure everybody will be happy.

 

[Freethinker]

RE: Supreme Court Nominat

I think this is leading the way to having a political circus. Stephen Harper is just about the only person to complain about our judicial system. And the only time he complained was on gay marriage and he really didn't have a leg to stand on, because it was a unanimous decision, that included conservative appointed judges.

If it ain't broke, don't fix it.

 

[FiveParadox]

I think not, I was not intending to apply any sort of anti-Americanism through this post. I would simply think that, in terms of Canada, I would prefer that the Supreme Court, as the last defender of human rights in our land, be as non-partisan as possible.

 

[TenPenny]

As long as your system is the exact opposite of the US I'm sure everybody will be happy.

As long as our system appoints judges who are competent and qualified, I'll be happy, and with a result like that, I think it would follow that it's the opposite of the US system.

Are you happy now? Isn't that the kind of response you wanted?

 

[I think not]

As long as our system appoints judges who are competent and qualified, I'll be happy, and with a result like that, I think it would follow that it's the opposite of the US system.

Are you happy now? Isn't that the kind of response you wanted?

Yeah that sums it up nicely, thanks.

I think not, I was not intending to apply any sort of anti-Americanism through this post. I would simply think that, in terms of Canada, I would prefer that the Supreme Court, as the last defender of human rights in our land, be as non-partisan as possible.

I wasn't referring to your post FiveParadox, but rather the paranoia that prevails with a few.

 

[FiveParadox]

Ah, okay; in your opinion, though, I think not — are the Justices in the United States too partisan? On American news coverage, I constantly hear terms such as "conservative judge," and "liberal judge" — are justices in the United States permitted to carry a political affiliation?

 

[I think not]

Re: RE: Supreme Court Nomination Process

Ah, okay; in your opinion, though, I think not — are the Justices in the United States too partisan? On American news coverage, I constantly hear terms such as "conservative judge," and "liberal judge" — are justices in the United States permitted to carry a political affiliation?

Are they permitted? I would imagine so, they are entitled to their personal beliefs. Conservative and liberal judges are terms used to play partisan politics. So far, I haven't seen anything detrimental in stripping citizens of their liberties. Just because a judge has a certain political ideology doesn't mean they cannot interpret the Constitution.

 

[FiveParadox]

Agreed, Justices can believe whatever they wish.

However, if the Chief Justice or one of the Puisne Justices of the Supreme Court were to announce themselves as either a Liberal, or a Conservative, or as belonging to any other party, I would be in favour of Her Excellency the Right Honourable Michaëlle Jean, the Governor General of Canada, removing such a justice on an address of both the House of Commons and the Senate in quite short order.

 

[I think not]

If you want an "American" point of view, the appointment of a judge to the Supreme Court of Canada should NOT rest with one individual. The Prime Minister has way too much power in my opinion.

 

[FiveParadox]

I would agree, the appointment should not be made on the prerogative of the Prime Minister alone — the way our Constitution is constructed, we could change the appointment system without an amendment (since the actual appointing is done by Her Excellency).