Backgrounder

Supreme Court Appointment Process

The Supreme Court of Canada is Canada's highest court. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Once appointed, judges act independently and without favour.

The constitutional authority for the appointment of Supreme Court judges rests with the executive branch of the federal government by way of Order in Council appointment, and the executive remains responsible and accountable for the exercise of this important power.

While the process by which Supreme Court of Canada justices have been chosen in the past has resulted in the selection of judges of the greatest distinction and ability, the Government of Canada is committed to putting in place a new process for appointing Supreme Court judges to ensure greater transparency and openness and greater parliamentary involvement.

On December 12, 2003, Prime Minister Paul Martin said that democratic reform and parliamentary involvement is a top priority for the Government of Canada. As part of this commitment, the government consulted the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness on how best to implement prior review of appointments of Supreme Court judges.

On May 10, 2004, the Standing Committee on Justice tabled its report. While there was no unanimity, there was recognition that an interim process was required to fill the two current vacancies created by the departures of two distinguished Supreme Court judges, Justice Louise Arbour and Justice Frank Iacobucci. The committee noted that this should not preclude longer-term consideration of reform of the Supreme Court appointment process

Recent consultations have resulted in all-party understanding that an ad hoc advisory committee will meet to review the nominations required for the Fall 2004 session. The ad hoc committee includes members of Parliament and representatives of the judiciary and legal community.

The Minister of Justice has undertaken extensive consultations with respect to nominations for these appointments. Based on recommendations by the Minister of Justice, the Prime Minister selected the two nominees announced today.

The Minister of Justice will appear before the ad hoc committee on August 25, 2004 to describe to the committee how and why the nominees were chosen and to answer questions in an effort to increase public awareness, confidence and understanding of the process for selecting the nominees. The Committee will then issue a report no later than August 27, 2004 for the consideration of the Prime Minister and Cabinet, providing advice on the appointment of the nominees. The Committee will also separately provide its advice on the ad hoc committee process itself, for consideration on the question of a longer term selection process.

August 2004