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October 17, 2011

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PAGE 2 NEWS OctOber 17, 2011 • Law times SCC search too slow, critic says Search for top court judges into sixth month BY TOM KORSKI For Law Times OTTAWA — Parliament's painstak- ing six-month search for new Supreme Court justices is prompting complaints that the process is too slow. "I don't want to downplay the im- portance of this, but they've had a lot of time," says New Democrat Joe Comar- tin, a member of a panel of MPs who secretly vetted prospective appointees to the top court. "For me, sitting as attor- ney general, I think I would have been able to make a decision." Th e autumn sitting of the court re- sumed last week without new appointees sworn in to succeed retiring justices Ian Binnie and Louise Charron of Ontario. Th e pair announced their retirements on May 13. 'We don't have any holdup,' says Rob Nicholson. "I was expecting we would have heard from the gov- ernment," Comartin tells Law Times. "Th ey know they are under some pressure from the chief justice. . . . You have a panel of seven justices doing the work of what should be a panel of nine." Justice Minister Rob Nicholson said the government was still reviewing the names of six candidates unani- mously recommended by the panel of MPs on Sept. 27. Th e list will be narrowed to two nominees who then must face public interviews by a parliamentary committee be- fore joining the court. Nicholson, when asked by Law Times about when the government will name the fi nalists, replied: "I'm not pre- pared to say." "We don't have any holdup," says Nicholson. "We will be proceeding soon." Parliament Hill speculation on potential appointees to fi ll the two Ontario vacancies at the top court include Court of Appeal Associate Chief Justice Dennis O'Connor, a veteran of the 2004 Maher Arar inquiry and 2000 Walkerton tainted-water investigation; deputy jus- tice minister Myles Kirvan, a longtime federal adviser appointed senior man- ager of the department by Prime Min- ister Stephen Harper in 2010; and pro- fessor Bruce Chapman, associate dean of law and former editor of the University of Toronto Law Journal. Predictably, those people aren't say- ing much on their prospects. "Th is is not something that I know anything about," Chapman says. Th e panel of MPs began reviewing an initial list of 12 prospective court appoin- tees on Aug. 5. Panel members swore an oath of confi dentiality prior to consult- ing scholars and legal advisers. Individ- ual members questioned by Law Times wouldn't comment on any aspect of their work, even refusing to say how often they met in camera to scrutinize nominees. "I am not going to discuss that," says Conservative MP Candice Hoeppner, chairwoman of the fi ve-member panel. "It's a very confi dential process. I am not even go- ing to discuss it. I really can't." Th e long search for new judges mirrors the exhaustive process over the 2006 appointment of Justice Marshall Rothstein, who was listed, vetted, interviewed in a na- tionally televised parliamentary hearing, and fi nally sworn into offi ce seven months after the announced retirement of his predecessor, John Major. MPs who vetted this year's prospective nominees didn't divulge any names to colleagues, according to members of party caucuses interviewed by Law Times. "Th ey're keep- ing it pretty tight," says one MP. "A friend on the commit- tee told me, 'If I don't give you the names, then you won't have to lie when a reporter asks questions.'" Bridging the gap between theory and practice Take your Professional Development to the next level with the CBA Skilled Lawyer Series II Building on the foundation and success of the CBA Skilled Lawyer Series I, the new CBA Skilled Lawyer Series II moves beyond the basics by offering more depth on narrower topics, enhancing the skills and knowl- edge needed to excel in the courtroom and boardroom. • Accredited – all courses are eligible for Mandatory Continuing Professional Development credits and have ethics, professional responsibility and practice management content. • Accessible – the online format allows you to access the courses on your computer, from anywhere, anytime. • Affordable – CBA members receive preferential pricing for individual courses or packages. • Practical and Interactive – the use of case studies, simulated problems and live drafting exercises enables us to deliver practical, experiential training. • Flexible – select a full package of courses or just pick those that are relevant to your practice. Choose the interactivity of a live presentation, or the flexibility of a recorded session. To learn more and to register, visit cba.org/pd/sls INFLUENCE. LEADERSHIP. PROTECTION. Untitled-1 1 www.lawtimesnews.com 11-10-11 8:34 AM

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