Canadian Lawyer

16 M A r C h 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m Dushan Milic I've long lamented the process (such as it is) for appointing Supreme Court judges. We have no chance to learn any- thing about appointees, or consider their qualifications, or debate their merits, before they assume office. Even the per- functory interviews by a parliamentary committee, originally favoured by Harper and promoted as reform of the appoint- ment process, were quickly abandoned when they seemed inconvenient (only Marshall Rothstein and the ill-fated Marc Nadon appeared before a committee). Most people who become judges of the highest court are complete strangers to the Canadian people. They are foisted on us by a prime minister who couldn't care less what we think. They are the mystery judges. Harper's two most recent choices for the Supreme Court, both from Quebec, are Clément Gascon (who replaced Morris Fish) and Suzanne Côté (replac- ing Louis LeBel). Not exactly household names, these people. Who are they? When Gascon was appointed last June, the usual boilerplate encomiums, traditionally used by the commentariat when an SCC judge is appointed, were dutifully dusted off. He is a "superb writer," he has "a meticulous mind," he has "a wealth of legal knowledge," he's "highly respected," etc., etc. One thing conspicuously missing, as usual, was any analysis of his record as a judge. Gascon was appointed to the Quebec Superior Court in 2002, worked mostly in the court's commercial division, and then sat briefly on the Quebec Court of Appeal before his elevation. There's more than a decade's worth of Gascon judgments out there. If this were the United States, legal commentators and analysts would be all over them. Not in this country. In cold northern latitudes, ignorance, apparently, is bliss. And what did Gascon do before he sat on the bench? He was a commercial lawyer, practising with Heenan Blaikie of blessed memory. He joined Heenan when he was called to the bar in 1982. Résumé-wise, as Porky Pig would have put it, "That's all folks!" Not much to get excited about here. What about Suzanne Côté? A litigator, she was appointed this past December directly from Big Law practice at Osler Hoskin & Harcourt LLP — no previ- ous judgments for legal snoops to paw through here, even if we were so inclined. She is married to another big firm liti- gator, McCarthy Tétrault LLP's Gérald Tremblay. Côté and Tremblay are gold- plated members of the Montreal estab- lishment, appearing at charity balls with the rich and famous. Tremblay was bâton- nier of the Barreau du Québec (2008-09) Will the mystery guest please sign in?" That was the famous invitation issued by the moderator of What's My Line, the long-running U.S. game show in which a celebrity panel had to guess a person's occupation. "Will the mystery judge please sign in?" That could be the opening line of a federal government announcement about another appointment to the Supreme Court of Canada, part of Stephen Harper's long-running attempt to pack the court with judges sympathetic to his government (with which he's having mixed success, as it turns out). t o p C o u rt tA L E s o p I N I o N @philipslayton Will the mystery judge please sign in? As has been the practice with the last few appointments, almost nothing is known about the latest additions to the SCC bench. By Philip Slayton

• Cover