The Canadian Bar Association is calling for changes regarding appointments to the Supreme Court of Canada in the wake of a very public spat between the prime minister and the court's chief justice.
Association president Fred Headon is calling for a committee made up of government representatives, legal professionals and the public to review the Supreme Court candidates, opposed to a panel of five MPs who are charged with narrowing down the government's long list.
"Transparency will go a long way, we think, in reinforcing the confidence people have in the judiciary," Headon told CTV's Power Play on Friday.
He said that confidence was shaken following the very public war of words that played out between Prime Minister Stephen Harper and Supreme Court of Canada Chief Justice Beverley McLachlin over the nomination of Marc Nadon to Canada's highest court.
"Judges don't sit in the House of Commons. They can't come on shows like this and explain themselves," Headon said. "We believe Canadians can and should have the upmost confidence in the judiciary in this country and we'd like, as a result of this incident, for the government to say the same thing."
This spring Harper said he ignored a legal caution from McLachlin about Nadon's eligibility as a Supreme Court nominee. He said to listen to such advice would have been improper.
McLachlin's office shot back, saying that she simply wanted to ensure that the government was aware of the eligibility issue, but she didn't express any opinions on the matter. Ultimately, “the chief justice decided not to pursue a call or meeting," her office has said.
Headon said anything that happens in the political sphere that calls in question the integrity of the judiciary risks undermining that institution.
In a speech at the CBA’s National Constitutional and Human Rights Conference on Friday, Headon said that judges must be free from fear of reprisal when making difficult decisions. He described Harper's remarks about McLachlin as "troubling."
Headon said it's "quite proper" and important for the government to consult with a number of parties including the chief justice, about filling a vacancy on the Supreme Court.
"Now that people are a little more aware of this process and how it unfolds…what we suggested today is maybe we should look at the appointment process," Headon said. "Maye there's a different way to do this."
He said judicial candidates at the superior court level are already reviewed by a committee.
"We say, let's have a similar process for the Supreme Court," Headon said. "It is, of course, the highest court in the land."
