The Supreme Court and the Democratic Deficit

January 30, 2004 · By

Today we see Prime Minister Martin pressing forward with his plan to attack the apparent democratic deficit in Canada. The most recent of his initiatives is to subject judicial nominations to some level of scrutiny by MP’s. While I think this is a great idea, I doubt in practice is will have much effect on who PM Martin actually appoints. Nor do I see this move to be welcomed by the judiciary, who I imagine enjoy (maybe enjoy is a bit strong, but certainly favour) the lack of scrutiny currently paid to these types of appointments.

MPs will vet top-court nominees, Liberal says
Ottawa — Judges nominated to the Supreme Court of Canada will face scrutiny from House of Commons committees, says Liberal MP Roger Gallaway, the man Prime Minister Paul Martin has placed in charge of democratic reform.

Mr. Gallaway, parliamentary secretary for democratic reform, warned Chief Justice Beverley McLachlin and other sitting judges who oppose the idea to “remember their proper roles, one of which is to avoid comment on political or parliamentary affairs.???

Mr. Gallaway also took aim at public servants, suggesting they were dismissive of the role of MPs during the 10-year Chrétien government.

“Mr. Martin has said in matters of policy formulation and choice he trusts the judgment of members over that of departmental officials,??? he said.

“The door is now open for House members and committees to push civil servants back to their proper role of administration of the law, and not the creation of it or engaging the public in debate.???

Comments

Got something to say? (Read the rules first)