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parliamentary committee's public hearing was "a charade of accountability." Several questioned the overall integrity of the selection process. Some (myself included) raised once more the idea that a prime ministerial pick for the Supreme Court should be formally approved (or not) by Parliament; absent that, the prime minis- ter has too great an ability to promote his political agenda through the judiciary. Even the recent parliamentary com- mittee hearing, predictably full of plati- tudes, occasionally had a surprising edge to it. When unilingual Michael Moldaver promised to learn French, MP Joe Comartin took the opportu- nity to unfairly attack Justice Marshall Rothstein. "Maybe it's a case of once bitten, twice shy; but I heard the same commitment from him," Comartin said. "That was five years ago, and Justice Rothstein is still unable to conduct any hearings in French." Françoise Boivin, another member of the committee, made similar comments. A few days later, Rothstein fought back publicly. He told the Globe and Mail that he had not explicitly promised the parliamentary committee that he would learn French. Transcripts of his 2006 appearance bear this out. In the past, newly appointed Supreme Court judges have been greeted with an avalanche of unrestrained praise. Not this time. Both appointments met with considerable criticism. In the Globe, Kirk Makin referred to "a swell of discontent in the legal community about the election of Judge Karakatsanis." Allan Hutchinson of Osgoode Hall Law School was quoted as saying of Karakatsanis, "she has little to recommend her as a Supreme Court of Canada judge, other than her political connections." Other commentators said little was known about her and called her a "wild card." As for Moldaver, journalists reported that his appointment "swiftly raised eye- brows among Ontario's defence bar" and that he was a "polarizing figure." Queen's law professor Donald Stuart described comments Moldaver made about "frivo- lous" Charter defences, in a speech given a few years ago, as "alarmingly one-sided coming from a sitting judge." The Quebec bar, incensed at the appointment of a www.CANADIAN Lawyermag.com JAN UARY 2012 17 judge who can't speak French, asked that Moldaver's nomination be reconsidered. A University of Ottawa law professor was quoted as saying, "everyone knows there were other equally or more qualified judg- es who were bilingual." Bruce Ryder of Osgoode Hall described the two appoint- ments as "disappointing" and said "I think the government could have done a lot better." The process, said Ryder, "imparted a false illusion of accountability." Part of the pique of Ontario law profes- sors may have been that Ontario Court of Appeal judges Robert Sharpe and James MacPherson were passed over and now, because of their age, have no hope of appointment to the Supreme Court. Sharpe is a former dean of the University of Toronto law school and MacPherson was dean of Osgoode Hall Law School. The tight-knit community of Ontario law professors wanted one of their own appointed. The unilingualism issue had surpris- ing legs, partly because just days after Moldaver was appointed, the federal gov- ernment announced that its new choice for auditor general was Michael Ferguson, a New Brunswicker who also cannot speak French. The flames of bilingualism advocacy were stoked anew. Quebec felt it had been poked in the eye yet again. This is an issue that is not going away. It is likely that the next two Supreme Court appointments will be from Quebec (replacing Louis LeBel and Morris Fish). What the heck, let's start speculating right now! Will Fish be replaced by an anglo- phone, resuscitating the idea of a Quebec anglophone seat? And will the prime minister make sure that any francophone appointment is fluent in English? (It is well known that this has not always been the case.) You know what, don't go to sleep. Stay tuned. Philip Slayton has been dean of a law school and senior partner of a major Canadian law firm. His latest book is Mighty Judgment: How the Supreme Court of Canada Runs Your Life. Visit him at philipslayton.com. DNA: A PRACTICAL GUIDE DAVID ROSE AND DR. LISA GOOS Gain valuable insight into investigating, prosecuting and defending charges involving DNA. This practical guide provides you with authoritative answers to the critical issues, such as how to prepare a DNA warrant and collect a DNA sample, what the role of your expert witness is, and how to effectively present DNA evidence to a judge or jury. Written by two recognized authorities, DNA: A Practical Guide covers the scientific and technical aspects of DNA, as well as the legal issues. You benefit from valuable insight that helps you build a compelling case. 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