Canadian Lawyer

OP I N ION Officially, of course, all the Supreme Court justices get along famously. But at least one recent retiree let it be known that bad personal relationships made the working environment unpleasant. journalists sometimes say nasty things about them, and they can't hit back. And, if you're a judge, you have to be careful how you behave in public: It' martini when you're dining out. Yes, sit- ting on the highest court in the land is not an easy row to hoe. Chief Justice Beverley McLachlin s strictly one commented on this issue at the Canadian Bar Association annual conference in August. "I don't think anyone is burning out, but it is a tough job, ers. But Louise Charron, who retired at 60, told a somewhat different story in an April Canadian Lawyer interview with Elizabeth Thompson. "And as much as I enjoyed the work and I found it inter- esting and I was passionate about many aspects of it, it does take its toll. There is a certain treadmill feel to it. And I just asked myself the question as I turned 60, how long do you want to do that?" Add the Ottawa factor. It's a dull town, particularly if you're used to Montreal, Toronto, or Vancouver. An appointment to the Supreme Court has been turned down more than once by someone who couldn't face living in the nation's capital. Some who took the job made the geography of it palatable by going home to Toronto or Montreal on weekends (while maintaining a resi- dence in or near the National Capital Region to fulfill the residence require- ment of the Supreme Court Act). If you're on a treadmill, it doesn't help if the treadmill is in Dogpatch. What about money? The chief justice earns $370,300. Puisne judges of the SCC are paid $342,800. It' the standards of top-drawer lawyers, and I think judges are underpaid for what they do, but remember, the job is "pretty sweet work" (a phrase used by Adam Liptak of The New York Times to describe what U.S. judges do). Furthermore, not many of those sitting as Supreme Court judges could substantially increase their incomes if they went elsewhere. Big law s not a fortune by " she told report- firms are not going to give big bucks to an older lawyer, however distinguished, who wants off the Dogpatch treadmill and may not have practised law for some time. The days when firms would pay a lot to orna- ment their letterheads are over. Ex-judges may have to resort to something like run- ning a government commission of inqui- ry at government rates of pay. So, with the occasional exception, I don't think judges leave the Supreme Court bench in order to earn more money. That leaves the delicate issue of work- ing relationships among judges. Officially, of course, all the Supreme Court jus- tices get along famously. But at least one recent retiree let it be known that bad personal relationships made the work- ing environment unpleasant. Others have complained about alone, despite oft-proclaimed collegiality. When a judge leaves the Supreme feeling isolated and Court prematurely, it is likely a combina- tion of all these factors — tough job, dull town, attractive opportunities elsewhere, not much love in the air on Wellington Street — plus, no doubt, a few idiosyncrat- ic personal considerations. But the ques- tion remains: Why don't the justices of the Supreme Court of Canada who go early have the mettle of their American counter- parts? Why don't they stick it out? Philip Slayton's latest book, Mighty Judgment: How the Supreme Court of Canada Runs Your Life, is available in paperback. Follow him on Twitter @philipslayton. INCISIVE FEDERAL LABOUR LAW INFORMATION NEW PUBLICATION FEDERAL LABOUR LAW AND PRACTICE EDITORS: BRIAN BURKETT, DOUGLAS GILBERT, AND MARGARET GAVINS The editors have recruited a team of exceptional labour lawyers from across Heenan Biaikie LLP to co-author Federal Labour Law and Practice. This text provides a detailed and analytical review of federal labour law as it has been developed by the Canada Industrial Relations Board and the courts. An Expansive Look at Federal Labour Law The text covers key topics such as: • Organization of the Board • Board Procedures • Acquisition and Revocation of Bargaining Rights • Collective Bargaining • Conciliation and First Agreement Interest Arbitration • Strikes, Lockouts and Unfair Labour Practices CANADA LAW BOOK® ORDER # 804594-65203 $160 Hardcover 380 pages October 2012 978-0-88804-594-2 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. FREE FOR 30 DAYS Order online: www.carswell.com AVAILABLE RISK- Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2012 17

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