Stephen Harper quietly scraps a pledge of transparency

mentalfloss

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Jun 28, 2010
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Stephen Harper quietly scraps a pledge of transparency

OTTAWA—There was always less than met the eye in Stephen Harper’s use of a parliamentary committee to vet his Supreme Court nominees.

The MPs could not overturn the nomination, they were given precious little time to prepare for the hearing and they often veered into partisan show instead of substance.

Likely few Canadians paid much attention.

But they did provide some accountability and transparency to the process, a key commitment by the prime minister and something his party had pushed while in opposition.

The hearings have proved disposable. They are now gone. Montreal lawyer Suzanne Côté was appointed last week without a hearing, the second time in six months Harper bypassed the system he created.

If hearings were largely a facade, they were nevertheless a facade Harper embraced and his disposal of them illustrate two key points about a prime minister soon to mark nine years in office.

When things don’t go Harper’s way, his impulse is to just toss the initiative away rather than try to fix it.

And it is but the latest example of Harper governing in a manner he railed against while in opposition.

Essentially the hearings are gone because of a previous leak to the Globe and Mail of names under consideration by the government in an earlier vacancy.

What made the leak particularly newsworthy was that it showed that four of the six names on the government list were ineligible to sit on the top court.

When that was pointed out by NDP justice critic Françoise Boivin, Justice Minister Peter MacKay shot back that the committee may have been behind the leak.

He said the process was impugned and those who may have wanted to be considered would not put their names forward for fear they would be leaked.

“What I say about the necessity of preserving the integrity of the system, it was very much a consideration . . . when I read in the Globe and Mail that our list that we were working from, that you and other members were a part of forming, was leaked,” he told Liberal Sean Casey, who had to remind the minister he was not even involved in the process.

Irwin Cotler, the former Liberal justice minister says the lack of transparency and accountability in the last two appointments (including Clément Gascon in June) involved no transparency or accountability and represents “a serious regression to a process that is secret, unaccountable and unrepresentative.”

By cutting the parliamentary selection committee, opposition MPs no longer had a stake in the process, meaning the committee hearings could lead to embarrassing questions about Harper’s selection.

So the whole process had to go.

Ten years ago, MacKay was calling for greater transparency in the making of Supreme Court appointments, but that was MacKay in 2004.
More notably, Stephen Harper of 2014 is not the Stephen Harper of 2004.

He has walked away from previous commitments to accountability when things didn’t go his way.

He fulfilled a promise to create a commission to develop guidelines and oversee major federal appointments, but when his nominee as chair, business magnate Gwyn Morgan, was rejected by a parliamentary committee, Harper shelved the commitment.

Harper was the man in opposition who condemned the Liberals for tabling omnibus bills, but in majority government he has used them more often and made them larger.

He vowed Senate reform, then stacked the Upper Chamber, setting records for patronage appointments until that all blew up.

Just last week, the one-time champion of accountability ensured Canadians would not be told the cost of our mission to degrade the Islamic State as part of an allied air bombing effort.

Harper is hardly the first prime minister to attack while in opposition then slowly morph into the type of government he vowed had to be defeated.

The Canadian political landscape is littered with promises of change from those seeking power that are quietly allowed to drift into the mist once power is attained.

It happens over time and, in this case, the freedom of majority.

If he were still in opposition, it’s hard to imagine Stephen Harper would like this current government.


Stephen Harper quietly scraps a pledge of transparency
 

Locutus

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Jun 18, 2007
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Cote's appointment, like Harper's choice of Justice Clement Gascon last June, met with widespread approval — even from opposition critics who decry the Conservative government's decision to scrap a formal parliamentary vetting process in the wake of the Nadon fiasco.

"She's a brilliant lawyer — no problem with that," said Francoise Boivin, the NDP justice critic.

"On the process, though, I still have a lot of questions."

Michele Hollins, president of the Canadian Bar Association, issued a release saying "the justice system and all Canadians will be well-served by the high calibre of today's appointment to the Supreme Court."

Beverley McLachlin, Canada's chief justice, rolled out the welcome mat.

"She brings extensive expertise in commercial and civil law, as well as a wealth of experience in public law," McLachlin's statement said. "I look forward to her contributions to the court."

Liberal MP Irwin Cotler, a former justice minister, said he respects Cote's career credentials and doesn't want to contest her appointment.

"You don't want to undermine her as an appointee or the court by engaging in that kind of public critique," said Cotler.


http://forums.canadiancontent.net/canadian-politics/130172-harper-names-new-supreme-court.html
 

Locutus

Adorable Deplorable
Jun 18, 2007
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but tim harper is mad all the time...has to share the surname of our prime minister...mad all the time.
 

Locutus

Adorable Deplorable
Jun 18, 2007
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Repairing the damage of a poorly written article? Is that what you are doing?

yep, has to stay mad that kid.

here's the old story I posted last week in full for him:




OTTAWA - Prime Minister Stephen Harper has bypassed Quebec's judicial ranks and appointed high-profile commercial trial lawyer Suzanne Cote to the Supreme Court of Canada.

Cote, 56, is the first woman ever appointed directly to the country's top court from the bar, but follows in the footsteps of a number of distinguished former jurists, including John Sopinka and Ian Binnie.

Her appointment will bring the complement of women on the top court to four of nine justices. It also ends more than a year of unprecedented, roiling controversy over the Supreme Court's composition, which began when Harper's proposed choice of Justice Marc Nadon for a vacant Quebec seat was challenged and ultimately rejected on constitutional grounds by the Supreme Court itself last March.

Cote replaces Justice Louis LeBel — who reaches the court's mandatory retirement age of 75 this weekend — as the third of three mandatory Quebec justices on the bench.

Harper has now locked up Quebec's representation on the country's top court until past the year 2030, and has appointed seven of nine judges in all.

"With her wealth of legal knowledge and decades of experience, Ms. Cote will be a tremendous benefit to this important Canadian institution," the prime minister said in a statement.

"Her appointment is the result of broad consultations with prominent members of the Quebec legal community and we believe she will be a valued addition to Canada's highest court."

Cote's appointment, like Harper's choice of Justice Clement Gascon last June, met with widespread approval — even from opposition critics who decry the Conservative government's decision to scrap a formal parliamentary vetting process in the wake of the Nadon fiasco.

"She's a brilliant lawyer — no problem with that," said Francoise Boivin, the NDP justice critic.

"On the process, though, I still have a lot of questions."

Michele Hollins, president of the Canadian Bar Association, issued a release saying "the justice system and all Canadians will be well-served by the high calibre of today's appointment to the Supreme Court."

Beverley McLachlin, Canada's chief justice, rolled out the welcome mat.

"She brings extensive expertise in commercial and civil law, as well as a wealth of experience in public law," McLachlin's statement said. "I look forward to her contributions to the court."

Cote, a member of the Quebec bar since 1981, is the head of the Montreal litigation group at law firm Osler, Hoskin & Harcourt LLP.
She represented the Quebec Liberal government at the Bastarache Commission, an inquiry into allegations of improper judicial appointments, where Cote established a reputation as a dogged, aggressive intervener.

She also represented Jean Pelletier, Jean Chretien's former chief of staff, when he was fired as president of Via Rail, and she was part of the process of reviewing the judicial conduct of outspoken Quebec Justice Andree Ruffo, who was forced to resign.

Cote has lectured at the Universite du Quebec a Rimouski and the Universite de Montreal.

Carissima Mathen, a constitutional law professor at the University of Ottawa who specializes in the Supreme Court, said Cote's legal background is consistent with others who were appointed from private practice.

Previous direct appointments from Quebec have included Justice Yves Pratte, Justice Louis-Philippe de Grandpre, Justice Louis-Philippe Pigeon and Justice Robert Taschereau, according to the Justice department, and there have been many others from English Canada through the court's 139-year history.

Cote is a senior litigator from a prominent firm, nationally recognized in her field with high-profile public work on her record as well as teaching experience.

"I think she's an entirely solid and credible appointment," said Mathen.

Direct appointments to the top court from the bar seem to occur only about once a generation, said Mathen, "and I'm glad to see that tradition continued."

"I think it brings a valuable perspective that can really round out the court as a whole."

Cote joins a Supreme Court that is poised to deal with a series of thorny legal appeals, including assisted suicide, polygamy, mandatory minimum gun crime sentences and what to do with Quebec's contested gun registry data.

A paper released Thursday by the Macdonald-Laurier Institute, an Ottawa think-tank, found that the Supreme Court has been "remarkably united" under McLachlin in handing the Harper government a recent series of significant legal losses.

Author Benjamin Perrin, who served as legal counsel to Harper's PMO, examined 10 judgments and found the government on the losing end of all but one.

He declared the court 2014's "Policy-Maker of the Year" — a backhanded compliment that fits into long-held Conservative complaints about "activist courts" and "judge-made law."

"The court, no doubt, would resist such a label on the view that it simply applies the law," Perrin writes.

It is into this politically loaded environment that Cote will be thrust as a rookie jurist.

Liberal MP Irwin Cotler, a former justice minister, said he respects Cote's career credentials and doesn't want to contest her appointment.

"You don't want to undermine her as an appointee or the court by engaging in that kind of public critique," said Cotler.

He said the real issue is a more transparent process for judicial appointments, "which at the end of the day would provide a much better expression of respect for the court, for its independence, for Parliament, for the public and for us going forward."

The Conservatives said they consulted the Quebec government; Canada's chief justice, Quebec's chief justice as well as the chief justice of the province's superior court; the Canadian Bar Association; and the Barreau du Quebec.


Harper reaches into Quebec bar for top jurist
 

Walter

Hall of Fame Member
Jan 28, 2007
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If Steve is quietly doing this how did the Star find out about it and now everyone knows about it? What a dumb headline.
 

taxslave

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Nov 25, 2008
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The real question here should be why do three of nine judges have to come from Quebec? This automatically limits the gene pool for the best picks.
 

Locutus

Adorable Deplorable
Jun 18, 2007
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The real question here should be why do three of nine judges have to come from Quebec? This automatically limits the gene pool for the best picks.

but at least there's 4 women now...enough for a curling team.