For Immediate Release
February 24, 2006
OTTAWA — New Supreme Court of Canada judges would be questioned by a leading journalist in a televised interview conducted under the supervision of the Canadian Bar Association, according to a proposal sent by the CBA last night to Prime Minister Stephen Harper.
CBA President Brian A. Tabor, Q.C., of Halifax made the proposal as an alternative to the government’s plan to have twelve MPs grill Supreme Court nominee Justice Marshall Rothstein on Monday. The CBA plan would fulfill Canadians’ right to learn more about individuals appointed to the Supreme Court while also safeguarding judicial independence.
“There is no need to create an appearance that judges are beholden to those members of the very government they will undoubtedly be required to judge,” said Mr. Tabor. “There is a better, safer approach to introduce a Supreme Court nominee to Canadians without creating doubt as to the independence and impartiality of our judges.”
The Bar Association’s plan would see a televised, public introduction of the new Supreme Court justice under the aegis of the CBA. A leading Canadian journalist would interview the new justice, with Members of Parliament, the public, the media and other legal experts submitting the questions to be asked. A governing protocol would ensure that the questions “introduce the justice while maintaining the professionalism and integrity of the position, the court and the justice system,” said Mr. Tabor.
“This approach would accomplish the government’s objectives by bringing the new justice closer to the people, while keeping the government and the judiciary properly separate,” Mr. Tabor said, adding that the CBA’s well-known independence, legitimacy and expertise make it uniquely positioned to oversee this new process.
“Our proposal for a nationally televised introduction of the new Supreme Court justice would not only succeed in helping Canadians know their justices,” said Mr. Tabor, “but it would also protect the independence of the judiciary so essential to Canadian democracy.”
The CBA proposal is available below. CBA President Tabor is available to the media to discuss this alternative through the contact information below.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 35,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org
