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w w w . c a n a d i a n l a w y e r m a g . c o m J U N E / J U LY 2 0 1 9 9 R E G I O N A L W R A P cal wrinkle to the process with a con- troversial revision allowing any lawyer or judge who fits "specified criteria" to apply for a seat on the SCC through the Office of the Commissioner for Federal Judicial Affairs Canada. In a blog written shortly after Justice Malcolm Rowe from the Supreme Court of Newfoundland and Labrador (Court of Appeal) was appointed to the SCC in late 2016 under the new selection process, Uni- versity of Sherbrooke assistant law professor Maxime St-Hilaire condemned the changes as a threat to the court's impartiality. "Leaving aside the question of whether (the new process may be) an unconstitu- tional constitutional amendment, observ- ers of Canadian constitutional law and justice must bear in mind that courts endowed with the jurisdiction to answer reference questions may give advisory opinions on that part of the Constitution that was meant to be purely political, and which is principally composed of con- stitutional conventions," wrote St-Hilaire. "Its lack of guaranteeing the preservation of regional representation (and) the 'func- tional bilingualism' requirement has also been questioned, and was called unfair by leading aboriginal voices." The new process came under fire again in 2019 after the Canadian Press and other news agencies reported claims by former justice minister and attorney gen- eral Jody Wilson-Raybould that both she and Campbell's advisory body had picked Manitoba Court of Queen's Bench Chief Justice Glenn Joyal to replace former chief justice Beverley McLachlin in late 2017. Wilson-Raybould reportedly suggested that Joyal was too conservative for the PMO's liking. Instead, Alberta Court of Appeal Judge Sheilah Martin got the nod. Other news stories linked to the SNC- Lavalin controversy have also reported that the PMO is using a private party database called Liberalist to vet candidates for judi- cial appointments. For Taillon, the politicization of the SCC nomination process is "a real problem" due to the power wielded by the judiciary since the passage of the Constitution Act and its accompanying Canadian Charter of Rights and Freedoms in 1982. "Judicial power on the most important issues in Canada is much bigger now. That power depends and relies on independence and legiti- macy, and much of that comes from the way we appoint judges." With a new SCC appointment looming and a federal election planned for the fall, both Taillon and St-Hilaire are calling on the new Coalition Avenir Québec govern- ment to pressure Ottawa for a role in the selection process. Nicky Cayer, a spokeswoman for Que- bec Justice Minister Sonia LeBel, says her office is "working actively" to be heard. "We are engaged in ongoing dialogue with the federal government and the discussions are good and constructive." — Mark Cardwell OSGOODE'S PART-TIME PROFESSIONAL LLM WINTER 2020 APPLICATIONS ARE NOW OPEN. For the lawyer who wants to dig deeper and truly excel in what they do, the commitment goes beyond billable hours. Immerse yourself in a rich learning environment that puts you with highly engaged and inspiring peers who are as passionate about what they do as you are. Specializations starting in January 2020: · Administrative Law · Business Law · Constitutional Law · Criminal Law · Energy & Infrastructure Law Canada's leading Professional LLM for lawyers, executives and experienced professionals Learn more about your options at osgoodepd.ca/cdnlawyer Kara Forrest LLB, LLM (Canadian Common Law) Lawyer, Deloitte Canada Outside Toronto? All specializations can be completed remotely. ntitled-4 1 2019-05-30 3:23 PM

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