NEW SUPREME COURT OF CANADA APPOINTMENTS PROCESS LAUNCHED

OTTAWA, August 8, 2005 – Minister of Justice and Attorney General of Canada Irwin Cotler today announced that a new Supreme Court of Canada appointments process will be used to fill the vacancy created by the retirement of the Honourable Mr. Justice John C. Major. Justice Major, who was appointed to the Supreme Court in November 1992, announced his retirement effective December 25, 2005.

"Canadians are very appreciative of Justice Major's long years of dedication to the law and to public service," said Minister Cotler. "Justice Major has an independent cast of mind, has been a stalwart on the Court, and a judicial anchor."

As part of the new process, the Minister of Justice will first be consulting provincial and territorial Attorneys General, Chief Justices and leading members of the legal community to create an initial list of five to eight candidates. The public will also be invited to make submissions to the Minister regarding the development of this list. At the second step, an Advisory Committee, through a range of consultations and evaluations, will assess the candidates on the list, according to merit-based criteria, generating an un-ranked short list of three candidates.

"This comprehensive reform of the appointments process marks the first time an independent advisory group will play a key role in choosing nominees, with an enhanced role for Parliamentarians, the provinces and the public," said Minister Cotler.

The Advisory Committee will include a Member of Parliament from each recognized party, a retired judge and, from the region where the vacancy arises, a nominee of the provincial Attorneys General, a nominee of the law societies and two prominent Canadians who are neither lawyers nor judges. A new Advisory Committee will be formed each time a Supreme Court vacancy occurs.

The Advisory Committee will then provide the Minister of Justice with the short list from which the successful candidate will be chosen. At the final step, the Minister will appear before the Justice Standing Committee to explain the selection process and the qualities of the individual who has been appointed.

"We have embarked upon a fair, balanced and inclusive appointments process that is based on the overriding principle of merit, while ensuring greater transparency, increased public involvement and meaningful Parliamentary input," stated Minister Cotler.

The reformed process is contained in a Government proposal tabled April 2005 with the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness, which had previously been consulted in Spring 2004 on how best to implement prior review of Supreme Court appointments. The Standing Committee was advised in April 2005 that the Government would proceed to put in place the reformed process unless there was complete agreement on an alternative proposal. No alternative option has since been provided by the Committee.

In view of the long-standing practice of identifying candidates from the region where the vacancy originated, a practice which has been adopted in the new appointments process, only candidates from Alberta, Saskatchewan, Manitoba, the Northwest Territories and Nunavut will be considered in filling this vacancy.

The Proposal to Reform the Supreme Court of Canada Appointments Process was tabled on April 7, 2005 with the House of Commons Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. The document is available at http://canada.justice.gc.ca/en/dept/pub/scc/index.html

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Denise Rudnicki
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