CHIEF JUSTICE SURPRISE SUPPORTER OF PULIC VETTING
Janice Tibbetts, CanWest News Service
Published: Tuesday, April 11, 2006
OTTAWA - Canada's chief justice has thrown her substantial support behind a Conservative plan for publicly vetting Supreme Court contenders, saying a recent hearing on the newest inductee gave Canadians a chance to learn more about judges.
Chief Justice Beverley McLachlin's unexpected endorsement, delivered yesterday at a courtroom welcome for Justice Marshall Rothstein, makes her one of the few judges who has praised the public process, adopted by the Harper Conservatives to shed more light on a system that has been maligned for its secrecy.
Her comments also came only months after she warned against tainting the appointment process with politics to preserve public confidence in the independence of the judiciary.
Judge Rothstein was subjected six weeks ago to the first public hearing for Supreme Court contenders in Canadian history, when he was quizzed for three hours by a panel of MPs from all parties. Employing a blend of common sense, humour and a down-to-earth touch, he asserted that the proper role of a judge is to apply the law, rather than make it, and leave social policy to governments.
"We, on this court, of course, watched with great interest as the appointment process unfolded," Chief Justice McLachlin said. "At the end of the day, those who watched the hearing were united in their belief that it provided Canadians with an opportunity to get to know more about the respective roles and obligations of the government and the judiciary."
She noted that the committee "avoided partisan questioning of the candidate."
Critics of public hearings, including the Canadian Bar Association representing the country's lawyers, say they could give the impression judges are beholden to Parliament and deteriorate into a free-for-all such as some judicial confirmation hearings in the United States.
Chief Justice McLachlin also said the process gave Canadians a glimpse into the life of Judge Rothstein, a 65-year-old former Federal Court of Appeal judge who worked his way up from humble beginnings as the only son of Eastern European immigrants to become one of the brightest legal minds in the country.
Judge Rothstein made little mention of the inaugural hearing yesterday, electing instead to give a breezy speech to a packed courtroom that included legal dignitaries, his family and friends. He said it was only the second time in the 14 years he and his wife have lived in Ottawa that all of their four children have come to town at the same time. "Look at what I have to do to get them all here."
© National Post 2006
Janice Tibbetts, CanWest News Service
Published: Tuesday, April 11, 2006
OTTAWA - Canada's chief justice has thrown her substantial support behind a Conservative plan for publicly vetting Supreme Court contenders, saying a recent hearing on the newest inductee gave Canadians a chance to learn more about judges.
Chief Justice Beverley McLachlin's unexpected endorsement, delivered yesterday at a courtroom welcome for Justice Marshall Rothstein, makes her one of the few judges who has praised the public process, adopted by the Harper Conservatives to shed more light on a system that has been maligned for its secrecy.
Her comments also came only months after she warned against tainting the appointment process with politics to preserve public confidence in the independence of the judiciary.
Judge Rothstein was subjected six weeks ago to the first public hearing for Supreme Court contenders in Canadian history, when he was quizzed for three hours by a panel of MPs from all parties. Employing a blend of common sense, humour and a down-to-earth touch, he asserted that the proper role of a judge is to apply the law, rather than make it, and leave social policy to governments.
"We, on this court, of course, watched with great interest as the appointment process unfolded," Chief Justice McLachlin said. "At the end of the day, those who watched the hearing were united in their belief that it provided Canadians with an opportunity to get to know more about the respective roles and obligations of the government and the judiciary."
She noted that the committee "avoided partisan questioning of the candidate."
Critics of public hearings, including the Canadian Bar Association representing the country's lawyers, say they could give the impression judges are beholden to Parliament and deteriorate into a free-for-all such as some judicial confirmation hearings in the United States.
Chief Justice McLachlin also said the process gave Canadians a glimpse into the life of Judge Rothstein, a 65-year-old former Federal Court of Appeal judge who worked his way up from humble beginnings as the only son of Eastern European immigrants to become one of the brightest legal minds in the country.
Judge Rothstein made little mention of the inaugural hearing yesterday, electing instead to give a breezy speech to a packed courtroom that included legal dignitaries, his family and friends. He said it was only the second time in the 14 years he and his wife have lived in Ottawa that all of their four children have come to town at the same time. "Look at what I have to do to get them all here."
© National Post 2006