Ottawa

The most Canadian of judicial crises

Marc Nadon at least makes the review process interesting

Justice Marc Nadon, formally appointed to the Supreme Court this afternoon, was not drafted by the Detroit Red Wings. Even though he told a parliamentary committee yesterday that he was. Maybe he was just had an opportunity to play for an affiliate of the Red Wings. Puckstruck.com has a full investigation here, here, here and here. The NDP’s Francoise Boivin seems to want the matter clarified with the committee.

Meanwhile, Liberal MP Irwin Cotler, who participated in yesterday’s committee hearing, suggests the process could be improved.

For example, the Prime Minister announced Justice Nadon’s nomination this past Monday just before noon, with an ad hoc parliamentary committee called for Wednesday at 1pm to meet the Justice and pose questions. The supreme court, it should be noted, starts its fall session this Monday. Regrettably, this accelerated timeline deprives Parliamentarians of adequate time to research the candidate and ask salient questions…

We should not seek to emulate our American neighbours and a system that is marked by politicization of the judiciary and near circus-like confirmation hearings. However, Canadians — and in particular jurists and Parliamentarians — merit better than a process that denies them real say. We ought to allow for a thoughtful examination of the named nominee, with time accorded for study review, and a process for meaningful public input.

Emmett Macfarlane wrote about the committee hearings for Macleans.ca two years ago.

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