The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. THE CANADIAN PRESS/Sean Kilpatrick

No minorities, one woman sought latest Supreme Court seat: panel chair

Kim Campbell said more minorities, women could fill vacancies if the federal government wasn’t scrambling

More women, Indigenous and minority judges could find themselves on the Supreme Court if the government took a longer view of filling spots instead of scrambling to fill vacancies, says former prime minister Kim Campbell.

Campbell headed the advisory body that led to Quebec judge Nicholas Kasirer’s being nominated to succeed Justice Clement Gascon. Her group crafted a short list of Supreme Court for the government to consider.

She and Justice Minister David Lametti talked about the nomination process before Kasirer faced MPs and senators for formal questioning on Thursday.

Among the 12 applicants for the job opened by Gascon’s impending retirement, there was only one woman and none were Indigenous or self-identified as a minority, Campbell told the House of Commons justice committee Thursday.

Campbell suggested that rather than opening applications whenever a vacancy pops up — even retirements that come with six months of notice, as Gascon’s has — federal officials could have ongoing talks with the judiciary and the wider legal community about the needs of the Supreme Court to encourage more people to apply, particularly women and minorities.

“If this were an ongoing conversation as opposed to something that we scramble to do just in the face of an imminent departure from the court and the need to recruit a new candidate, I think this might be something that could broaden the scope of the candidates,” Canada’s first female justice minister and only female prime minister so far said by video conference from B.C.

Kasirer’s name was on the short list the advisory committee provided to the government. Ultimately, Prime Minister Justin Trudeau selected Kasirer from the Quebec Court of Appeal at the end of the confidential nomination process.

Anyone involved in the process signed confidentiality agreements to make sure names didn’t become public like they did earlier this year, Lametti told parliamentarians.

The Canadian Press and CTV reported in March that former justice minister Jody Wilson-Raybould recommended Glenn Joyal, chief justice of Manitoba’s Court of Queen’s Bench, be appointed Supreme Court chief justice the last time there was a vacancy. That was caused by the retirement of chief justice Beverley McLachlin.

Trudeau disagreed: he elevated Justice Richard Wagner, already on the court, to replace McLachlin, and named Justice Sheilah Martin from Alberta to fill Wagner’s spot.

Colouring the leaks was Jody Wilson-Raybould’s public testimony that she felt improperly pressured last fall to stop the criminal prosecution of engineering giant SNC-Lavalin, and her belief she was moved out of the justice portfolio because of her refusal to do so.

ALSO READ: B.C. court gives federal government more time to fix solitary confinement

“The disclosure of confidential information regarding candidates for judicial appointments is unacceptable and I want to stress that I took strict measures to ensure that confidentiality was respected,” Lametti said in his opening remarks to the committee.

Lametti said he still doesn’t know where the leaks about Joyal came from, but he limited the number of people who had access to the relevant information this time and even ordered the server holding data about the nomination process isolated from the rest of the Justice Department.

Campbell said her advisory board of eight, mostly professors and senior lawyers, would even try to go for dinner in places where no one would know them or have an inkling why they were together.

At the end of the meeting, deputy Conservative leader Lisa Raitt tried unsuccessfully to get the justice committee to investigate the Joyal leak, with the vote on her motion splitting along partisan lines.

During his afternoon question-and-answer session with federal politicians, Kasirer largely avoided going into details on legal issues that might land before the high court, including minority-language rights and the use of the Charter’s notwithstanding clause — both issues in his home province of Quebec.

Instead, over more than two hours, he broadly talked about the role of judges — they should be restrained in their work, he said — how he views the law, some of his previous law articles, and how judges interact with legislatures and Parliament.

“Judges don’t enact laws — it’s what you do,” Kasirer said in one response to one question, variations of which were asked more than once.

“Parliament listens to what the Supreme Court and other courts say and, naturally enough, it’s the job of judges to apply the law that Parliament enacts,” he said.

Kasirer has served on the Quebec Court of Appeal for a decade and is an expert in civil law. He also spent 20 years as a professor of law at McGill University, including as dean of the law faculty.

Jordan Press, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Former Esso site on Nelson Avenue to be sold

Imperial Oil says remediation work is underway

Nelson police remove impaired drivers during weekend blitz

Seven people lost their licences and had their cars impounded

Leo Grypma advances to next round of CrossFit Games qualifying

The Power By You coach finished 62nd out of 26,000 people in his age division at the Open

Nelson seniors take the chill out of winter with home energy upgrades

Over 100 seniors have signed up for free energy efficiency installations

Campbell scores hat trick as Leafs hammer Border Bruins

Nelson’s 10-1 win over Grand Forks is its third straight victory

Cold, stormy winter forecast across much of Canada, The Weather Network predicts

In British Columbia temperatures will be slightly above normal and precipitation will be just below normal

UPDATED: Vancouver Island’s Joe gets suspended sentence in Teddy the dog cruelty case

Melissa Tooshley expected in court on Thursday in same case

Nineteen boats carrying invasive mussels stopped at B.C. borders

Waters of Columbia-Shuswap still test mussel-free

Woman ‘horrified’ after being told to trek 200 kilometres home from Kamloops hospital

‘I can’t get from Kamloops back to 100 Mile House injured, confused… no shoes, no clothes whatsoever’

Canadian universities encourage exchange students in Hong Kong to head home

UBC said 11 of its 32 students completing programs in Hong Kong have already left

Midget no more: Sweeping division name changes coming to minor hockey in Canada

Alpha-numeric division names will be used for the 2020-2021 season and beyond

Duncan man gets suspended sentence in Teddy the dog cruelty trial

Joe also gets lifetime ban on owning animals

B.C. pushes for greater industry ‘transparency’ in gasoline pricing

Legislation responds to fuel price gap of up to 13 cents

B.C. woman ordered to return dog to ex-boyfriend for $2,000

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

Most Read