Supreme Court selection process overhauled – Canadian Government Executive

NEWS

SEARCH

AccountabilityGovernment
August 2, 2016

Supreme Court selection process overhauled

An independent and non-partisan advisory board is given the task of identifying suitable candidates to the Supreme Court.

Ottawa has overhauled the process by which justices are picked for Supreme Court openings.

Prime Minister Justine Trudeau is also announcing today, the appointment of former prime minister Kim Campbell as the chair of a seven-member advisory body that will be in charge of recommending candidates to take over the position to be vacated by SC Justice Thomas Cromwell. Cromwell is scheduled to retire on Sept. 1.

Trudeau said the SC application process has been opened up to allow any Canadian lawyer or judge “who fits the criteria” to apply through the Office of the Commissioner for Federal Judicial Affairs.

“Gone are the days of governments – Liberal and Conservative alike – nominating Supreme Court justices through a secretive backroom process. Canadians deserve better,” a column written by Trudeau and published in the Globe and Mail said Tuesday. “From now on, an independent and non-partisan advisory board will be given the task of identifying suitable candidates.”

The prime minister also said there will be a renewed commitment to transparency. For example, members of the advisory board, the assessment criteria, questionnaires provided to all applicants as well certain answers to the questionnaires will be made public to Canadians.

RELATED CONTENT

SC says Ottawa gas jurisdiction over indigenous people

The appointment process

Members of Parliament will also have the opportunity to actively participate in the appointment process and directly engage with the nominee – before she or he is appointed to the Supreme Court, Trudeau said.

The advisory body headed by Campbell will be made up of four members designated by independent professional organizations: the Canadian Judicial Council, the Canadian Bar Association, the Federation of Law Societies and the Council of Canadian Law Deans; and the remaining three will be prominent Canadians, at least two of whom will be from outside the legal community, appointed by the Minister of Justice.

In the future, he said, when one of three Quebec seats is to be filled, the composition of the board will be adjusted “to account for Quebec’s unique tradition.”

In a departure to the practice adopted during Stephen Harper’s tenure, there are no MPs in the advisory board.

The board is expected to come up by late September, with a list of three to five persons who will be potential replacements for Cromwell. Trudeau will pick a replacement from this list. While his recommendations are non-binding, the Prime Minister still has authority to appoint anyone he wants.

The overhaul of the SC appointment process was partly in response to controversy whipped up by the so-called Nadon affair. At that time, the SC made an unprecedented ruling that Harper’s 2013 appointee Justice Marc Nadon, lacked the legal qualification to be part of the SC.

Allegations of secret manipulations in the SC selection process surfaced. A Globe and Mail report showed that four of the six justices the government recommended for parliamentary review, were ineligible.

About this author

Nestor Arellano

Nestor is a Toronto-based journalist who specializes in writing about technology and business. He is the editor of Vanguard Magazine and the associate editor of IT in Canada and a regular contributor to CGE.

0 comments

There are no comments for this post yet.

Be the first to comment. Click here.

Accountability
 
Cybersecurity professionals have sounded the alarm for years, and they are...
 
Cost estimation is becoming an extremely important skill within government due...
 
In this special episode of CGE Radio, your host John Jones...
 
Security professionals have an obligation to communicate risks and recommendations to...
 
Risk is always present in any undertaking, no matter the size...
 
Cost overruns have become institutionalized in the federal government, according to...
 
Last year, procurement Minister Jody Foote was prompted by the swirling...
 
Professionals, managers, and executives in the cost estimation industry can gain...
 
In this episode, hear from Carl Hammersburg, Manager, Government and Healthcare...
 
A new study from the Conference Board of Canada gives our...
 
In the world that we are living in today, free and...
 
The delivery method developed by Sir Michael Barber, chief adviser to...
 
Rules and accountability are helpful in developing and standardizing processes but...
 
Canadian doctors were told that climate change impacts human health and...
 
Even as talks between the government and federal workers affected problems...
 
The largest effort in 20 years to seek public input on...
 
Ottawa has overhauled the process by which justices are picked for...
 
Please to view this Content. (Not a member? Join Today! )...
 
In this episode, editor-in-chief, Patrice Dutil talks about the need for...
 
As much a 20 per cent of grade seven students in...
 
Please to view this Content. (Not a member? Join Today! )...
 
Upon receiving numerous complaints regarding add-on fees that turn making economy...
 
Are you absolutely clear what the government wants to achieve? Are...
 
Please to view this Content. (Not a member? Join Today! )...
 
Please to view this Content. (Not a member? Join Today! )...
 
Please to view this Content. (Not a member? Join Today! )...
 
Please to view this Content. (Not a member? Join Today! )...
 
Please to view this Content. (Not a member? Join Today! )...
 
Written By Jason McNaught The Public Service Alliance of Canada was...
 
Independence has long been regarded as a cornerstone of the auditing...
 
Canada is a diverse nation, in language, culture, geography, and, ultimately,...
 
Public sector organizations are under increasing pressure to identify all risks...
 
The government of Canada has implemented several measures over the past...
 
Whether at the territorial, provincial or federal government level, internal audit...
 
An organization’s reputation can take years to build but it can...
 
On October 30, Ontario began second reading of the Public Sector...
 
In the well-known children’s story, an Emperor falls victim to the...
 
The Nova Scotia Office of the Ombudsman is a small operation...
 
I think the ombudsman needs to be independent, because without independence...
 
Today’s business environment changes rapidly to adjust to evolving conditions and...
 
The best internal auditors actually are really good managers first. I...
 
The recent controversy about the actions of some staff members in...
 
Most professionals don’t need more than a sentence at a cocktail...
 
Recent research by the Institute of Internal Auditors Canada aims to...
 
When is it that a politician becomes part of the governing...
 
It’s been a busy couple of weeks on the information, privacy...
 
In 1996, a new budget watchdog, the Parliamentary Budget Officer, was...
 
The Ontario government is moving forward with the creation of a...
 
The Office of the Public Sector Integrity Commissioner of Canada (PSIC)...
 
After the Auditor General’s (AG) report was released on April 30,...
 
In the U.K. system, Permanent Secretaries are what we call Deputy...
 
We are living in a period of rapid change and limited...
 
US public sector employees don’t trust their management to do the...
 
The news of Mark Carney’s nomination as the new Governor of...
 
Following Singapore’s independence in 1965, the controversial leadership of Lee Kuan...
 
Over the past few years, the preparation and delivery of the...
 
In healthcare, cost-cutting can result in cutting what is valued most...
 
For over 20 years Colin Bennett has been exploring issues of...
 
Even before controversy shook the organization to its foundation, Ornge was...
 
It will be the largest international multi-sport event ever held on...
 
We’ve all seen the headlines – BC Ferries, Ornge, la Caisse...
 
It can happen, and it’s noteworthy when it does. Government, business...
 
Kevin Page’s mandate as the first Parliamentary Budget Officer comes to...
 
Governments are challenged to meaningfully mitigate the effects of the financial...
 
Canada is facing a huge financial challenge brought on by massive...
 
For the past one hundred years, democratic states have been moving...
 
It’s so much easier and less painful to learn from the...
 
CGE Vol.13 No.7 September 2007 "If the Public Service, as a...
 
When pondering leadership, we immediately think of exercising our influence downward...
 
CGE Vol.13 No.1 January 2007 "How can I be held accountable...
 
CGE Vol.13 No.2 February 2007 Canada’s Performance 2006 is the sixth...
 
CGE Vol.14 No.1 January 2008 The furor over the $300,000 that...
 
CGE Vol.14 No.2 February 2008 Let’s say you’re a senior manager,...
 
CGE Vol.13 No.1 January 2007 Perhaps it’s a legacy of the...
 
The Independent Blue Ribbon Panel on Grants and Contributions called for...
 
Au Canada, le secteur bénévole et à but non lucratif vit...
 
As the global economy struggles to regain some forward momentum, Canadian...
 
This will be a defining budget for Stephen Harper. It will...
 
It is difficult to determine when the debate about the need...
 
For the next few years, the federal government’s overarching agenda will...
 
Much of the current conversation about the federal government’s economic agenda...
 
Bill Greenlaw is the elected president of the Institute for Public...
 
Have you ever asked yourself the question: ‘How would I evaluate...
 
Last fall, Alberta’s Employment and Immigration department posted online the workplace...
 
In 2006 the world was feeling the aftershocks of a number...
 
CGE Vol.13 No.4 April 2007 Robert Parkins, editorial director, met recently...
 
In the past two decades, the nature of the state has...
 
Please to view this Content. (Not a member? Join Today! )...
 
Some title Some author
Some excerpt
 
Some title Some author
Some excerpt
 
Some title Some author
Some excerpt
 
Some title Some author
Some excerpt
 
Some title Some author
Some excerpt
Cybersecurity professionals have sounded the alarm for years, and they are...

Member Login

Forgot Password?

Join Us

Password Reset
Please enter your e-mail address. You will receive a new password via e-mail.