Canadian Lawyer

BY PHILIP SLAYTON TOP COURT TALES Limit SCC judges' terms to 18 years Staggered, fixed, non-renewable terms would curb a prime minister's ability to mould the court in his ideological image for generations to come. minister's ability to mould the court in his ideological image for generations to come. It would stop his political point of view being perpetuated long after he is put out to pasture. It would ensure a constant supply of energetic and repre- sentative judges, full of new ideas. I L every two years seem right for a nine- member court, but shorter terms are worth discussing. I can hear someone objecting that suggest 18-year terms staggered et's amend the Supreme Court Act so the judges are appointed for staggered, fixed, non-renewable terms. This would curb the prime this scheme might enhance the ability of a long-serving prime minister to stack the court. Five of Canada's 22 prime ministers served for more than 10 years, and two, Mackenzie King and John A. Macdonald, for more than 18. With stag- gered 18-year terms, a prime minister of great longevity might end up appointing every Supreme Court judge. But any system of appointments would almost certainly allow a prime minister with such staying power to fill up the court with his ideological soul mates. One merit of the staggered, fixed-term system is that a process of court renewal would begin no later than two years after that long-serving prime minister left office, and would continue apace. By has cottoned on to the fact that the Supreme Court of Canada is becoming now pretty much everyone the "Harper Court." The most ideo- logical prime minister in a long time has already appointed four of the nine sit- ting judges (justices Marshall Rothstein, Thomas Cromwell, Michael Moldaver, and Andromache Karakatsanis) and will soon appoint two more (justices Morris Fish and Louis LeBel will reach the mandatory retirement age of 75 18 M AY 2012 www. CANADIAN Lawyermag.com before the next federal election). It's the Harper Court all right, getting more conservative all the time. We shouldn't be surprised. After all, we voted the top guy into office and know that he gets to appoint the judges he wants. The problem is that the country moves on ideologically and demograph- ically leaving the Supreme Court behind. dushaN milic

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