The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50820
following consultation with the Ontario attorney general and "leading members of the legal community." The list of quali- fied candidates will then be reviewed by a selection panel of five MPs, three from the government caucus and one from each of the opposition parties, which following the review will give the prime minister an unranked short list of six names. Two nominees will be selected from this list, and they will appear at a public hearing of an ad hoc parliamentary committee. This process may seem democratic and a bit transparent, but it's not. Only someone in the pool of qualified candi- dates can end up being appointed, and you can be sure that the prime minister, via the minister of Justice, will approve who's put in the pool. Conservative MPs are a majority of the subsequent selection panel, and will certainly do the prime minister's bidding, not that this matters much since they are choosing from the prime minister's pool anyway. Then the prime minister picks three names from the six drawn from his original list. As for the public hearing, the parliamen- tary committee will have no power other than to ask questions, and will likely be instructed to ask nothing controversial, as was the committee that questioned Rothstein (the only time this public hear- ing process has been followed) prior to his appointment five years ago. The Rothstein public hearing took place four days after Harper announced that Rothstein was his choice. Committee members had no time to do what you might expect of them — for example, read judgments written by Rothstein while he was a member of the Federal Court of Appeal, or generally cogitate over his qual- ifications. The press and interested citi- zens had no chance to form a considered opinion about the nominee's merit. This time, a modest but important step in the right direction would be to allow at least two or three weeks between announcing the nominee and holding the hearing. That way we could all have a good look at the judge-to-be and there would be an You can watch more than three hours of the riveting video of Justice Marshall Rothstein's public questioning at opportunity to withdraw the nomination if something untoward turned up. The best answer to all this is a new system of appointing Canadian Supreme Court justices modeled on that of the United States. The prime minister should nominate a candidate, and the House of Commons should confirm the nominee (or not) following a serious public hearing by a parliamentary com- mittee. Why do it this way? Because it's democratic and transparent, befitting a mature political system. Potentially awkward and occasionally embarrass- ing? Maybe, but so what? Democracy is not always neat and tidy. Philip Slayton has been dean of a law school and senior partner of a major Canadian law firm. He has just released his latest book, Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Visit him online at philip slayton.com. NEW EDITION CONSOLIDATED BRITISH COLUMBIA LABOUR AND EMPLOYMENT LAW STATUTES AND REGULATIONS 2011 CONTRIBUTING EDITOR: IB S. PETERSEN This essential handbook provides access to all the relevant employment and labour legislation in one convenient package. It contains the full text of all key statutes and regulations and the Rules of the British Columbia Labour Relations Board and the British Columbia Human Rights Tribunal, including accompanying forms. NEW IN THIS EDITION Forestry Service Providers Protection Act, S.B.C. 2010, c. 16 Labour Mobility Act, S.B.C. 2009, c. 20 UPDATED IN THIS EDITION B.C. Labour Relations Board Forms Community Services Labour Relations Act, S.B.C. 2003, c. 27 Criminal Records Review Act, R.S.B.C. 1996, c. 86 Under the Public Sector Employers Act, Crown Agency Employers Exemption Regulation, B.C. Reg. 177/2007 Employment Standards Act, R.S.B.C. 1996, c. 113 Under the Employment Standards Act, Employment Standards Act Regulation, B.C. Reg. 396/95 Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 Health Authorities Act, R.S.B.C. 1996, c. 180 Under the Public Sector Employers Act, Health Care Employers Regulation, B.C. Reg. 427/94 Under the Workers' Compensation Act, Occupational Health and Safety Regulation, B.C. Reg. 296/97 Public Education Labour Relations Act, R.S.B.C. 1996, c. 382 Public Sector Employers Act, R.S.B.C. 1996, c. 384 Under the Public Sector Employers Act, Social Services Employers Regulation, B.C. Reg. 84/2003 Workers' Compensation Act, R.S.B.C. 1996, c. 492 AVAILABLE RISK-FREE FOR 30 DAYS Order Online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ORDER # 983532-60741 $110 Softcover May 2011 approx. 1,200 pages 978-0-7798-3532-4 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. www.CANADIAN Lawyermag.com JULY 2011 17 ntitled-5 1 6/13/11 10:56:34 AM video. g oo 929800056#. gle.c om/videopla y?docid=7 460285393