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told The Lawyers Weekly it seeks
the “highest calibre” jurists to be
appointed to the Supreme Court
“based solely on merit,” defined as:
experience in the law, intellectual
and judgmental ability, high moral
character, human qualities of sympathy, generosity, charity, and
patience, good health, good work
habits, and bilingualism if required
by the nature of the post.
“Bilingualism is an important
aspect of merit in selecting candi-
dates for appointment to the
Supreme Court,” CBA president
Rod Snow said. “The CBA stresses
the importance of the principle of
institutional bilingualism and the
right of litigants to be heard by
judges who can understand them
in the official language of their
choice. A Supreme Court of Can-
ada composed of judges who
understand both official lan-
guages is an ultimate ideal; how-
ever inability to understand both
languages at the time of appoint-
ment should not be a bar to
appointment.”
Snow also said the CBA wants
all governments “to reflect better
the recognition of indigenous
legal systems” in their judicial
appointments.
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see the government focus on
“someone who respects the Char-
ter, and sees it as what it is, which
is the supreme law of our country
that serves as a check and balance
on the authority of the govern-
ment to legislate—which seems
to be counter to the Conservative
approach to the Charter, so that’s
of concern. Secondly, we are
obviously interested in someone
who has some…real world experi-
ence in how the law, especially the
criminal law, can affect people’s
lives…on the ground.”
The federal government will
consult with Ontario Attorney
General Chris Bentley on the
appointments. In addition to con-
sidering Justice Minister Nichol-
son’s input, Prime Minister Harper
is likely to be influenced by the
opinions of Ontario Chief Justice
Warren Winkler and Finance Min-
ister Jim Flaherty — who is the pol-
itical minister for Ontario and a
seasoned lawyer who was once
Ontario’s attorney general.
The Ontario
Court of Appeal
is talent-rich.
Bilingual candi-
dates from that
court, who are
frequently men-
tioned, include:
Justice Androm-
ache Karakat-
sanis, who was appointed to the
Superior Court by the Liberals, but
previously served as Flaherty’s dep-
uty attorney general and later as
the province’s
top civil servant
under the Harris
Conservatives;
Justice James
MacPherson, a
former Osgoode
Hall law dean
and ex-executive
legal officer of
the Supreme
Court; and Jus-
tice Robert
Sharpe, former
law dean of the
University of
Toronto and also
an ex-Supreme
Court executive
legal officer.
Judges with
strong criminal law expertise
include Justices David Doherty,
Marc Rosenberg, Michael Mol-
daver and David Watt. Justices
The govern-
ment may also
opt to appoint
someone straight from the civil
or criminal Bar, with such names
circulating as Alan Lenczner and
Benjamin Zarnett. n
MacPherson
Sharpe
Watt
Karakatsanis
