Canadian Lawyer

16 J A N U A R Y 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m Elvis has left the building Despite your various preoccupations, you have almost certainly noticed, if only from kissy-face pictures in the newspaper, that Canada has a new prime minister. The previous PM, a devout believer in untrammelled par- liamentary sovereignty, thought that the Supreme Court used the Charter of Rights to subvert his legislative agenda and thwart the will of the people. In a delicious piece of irony, the son of the Charter's father is now calling the shots. Stephen Harper has disappeared into the Calgary vortex; a Trudeau is in charge; Beverley McLachlin is still chief justice: thus turns the wheel of history. A new era of right thinking, co- operation, and love has arrived. What effect will this tectonic shift have on the Supreme Court's perso- na? In recent years, the court seemed increasingly defined by its opposi- tion to the Conservative government, despite the fact that most of the judges were appointed by Harper. Many saw the court as a bulwark against oppres- sion by the executive branch, a judicial yin to a prime ministerial yang. There was an interesting and creative tension between the branches of government. That's gone now. We're all friends again. Will the balance of power start shifting back from the Supreme Court to the government? Will the court be less of a leader on social policy? I'm already beginning to feel nostalgia for the excit- ing gladiatorial days of yore. O lucky man! In August, Russell Brown from Alberta replaced Marshall Rothstein from Man- itoba. I've already written about Brown in these pages and won't repeat myself, except to note again that Brown, in his blog when he was a law professor, described Justin Trudeau as "unspeak- ably awful." Given his publicly expressed views on Trudeau, Brown was pretty lucky to squeeze in under the election wire. If Rothstein had waited a few more months to retire (he could have; his 75th birthday wasn't until Dec. 25), I'm betting Brown wouldn't have been the guy from the prairies who got the nod. The unspeakably awful Trudeau would have found somebody else to elevate. I wonder why Rothstein resigned when he did. Is there a story there? It's worth reiterating that you cannot predict how a judge will behave once he is appointed. Seven of the Supreme Court judges were chosen by Harper. Does this mean that, even though the guy is gone, it will be the Harper court for the fore- seeable future, promoting the former hat happened at the Supreme Court of Canada in 2015? I don't suppose you were paying much attention, what with all the other demands on your time — rooting for the Blue Jays, campaigning for the NDP, speculating about who would win the Giller book prize, fussing about the collapse of Nova Scotia's Yarmouth to Bar Harbor ferry, worrying about the effect of oil prices on Alberta's economy. Oh yes, and trying to make a living as a lawyer. Here's my annual Supreme Court of Canada roundup. It will help you be well informed and confident when quizzed at cocktail parties by annoying and persistent people who have had too much to drink and want to beat up a member of the legal profession for sport. T O P C O U RT TA L E S O P I N I O N @philipslayton DUSHAN MILIC SCC 2015 wrap New judges, a changing political environment, and the end of blockbuster Charter cases. By Philip Slayton W

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