Law Times

PAGE 4 NEWS September 15, 2008 • Law times Nova Scotia's Cromwell nominated for SCC BY ROBERT TODD Law Times Court of Canada bench amidst political controversy, but mem- bers of the legal community hail the Nova Scotia Court of Appeal justice as an eminent jurist with a rare knack for writing prompt and precise decisions. "He's considered to be very, J ustice Thomas Cromwell may have been nominated for a spot on the Supreme Court as executive legal officer for then-chief justice of Canada An- tonio Lamer from 1992 to 1995. He joined Weir & Foulds as a litigation associate in 1995, and in 1997 was appointed by then-prime minister Jean Chrétien directly to the Nova Scotia Court of Appeal. Cromwell also has been ac- has a "complex environment" in terms of its legal system. Phillip Saunders, the current dean of Dalhousie Law School, who was Cromwell's student in the early 1980s, says he "can't imagine a better nominee." "He was one of the most very bright. He has great knowl- edge of the law and tremendous analytical skills," says Danny Gallivan, the Halifax-based man- aging partner of Cox & Palmer, adding Cromwell has broad sup- port from the local community and is unaware of any controver- sial decisions from the judge. "He's decisive; good judgment. He's proficient in the sense that you sometimes hear complaints about benches not getting judg- ments out in a timely manner — I understand he excels at turning things around. And he's bilingual." Prime Minister Stephen tive in legal education through- out his career, serving as a spe- cial lecturer in civil procedure at Queen's from 1980 to 1982, associate professor and profes- sor of law at Dalhousie Law School from 1982 to 1992 and again from 1995 to 1997. He has served as president of various legal organizations, includ- ing the Canadian Institute for the Administration of Justice, Cana- dian Association of Law Teachers, and the Continuing Legal Educa- tion Society of Nova Scotia. Brian Crane, a member of the Supreme Court judges also form groups of three to deal with leave to appeal matters. If fewer than nine judges are active, that workload can't be shared evenly. "So it's important that the Nova Scotia Court of Appeal Justice Thomas Cromwell has been nominated for a spot on the Supreme Court of Canada bench. Harper jettisoned his own selec- tion panel made up of five MPs — two Conservatives and one from each opposition party — to make the nomination a day be- fore announcing an election. He cited problems within the com- mittee, namely its failure to form a short list of candidates, oppo- sition MPs' refusal to participate in some scheduled meetings, and political wrangling over which MPs should sit on the panel. Harper charged the committee last spring with putting forth three candidates for his consideration. "Thomas Cromwell's candi- dacy was highly recommended by judges, lawyers, and other Atlantic Canadians," said Harper in a re- lease. "He is well qualified to serve on the country's highest court." The nomination wouldn't be made official until Cromwell, 56, sits before a televised ad hoc parlia- mentary committee — as did Justice Marshall Rothstein in 2006 — to answer questions for transparency's sake. That's not expected to happen until the Oct. 14 election leaving the court short a judge as it embarks on its busy fall schedule Oct. 6. The nomination was needed government said the following the retirement of for- mer Supreme Court justice Mi- chel Bastarache of New Bruns- wick, who left the bench in June. Cromwell, married with one son, was born in Kingston in 1952 and received his LLB from Queen's University in 1976. He continued his legal training at Oxford University, where he got a civil law degree in 1977. Cromwell was called to the Billions of dollars invested, not a penny lost. The McKellar Structured Settlement™ McKellar introduced the concept of structured settlements in Canada in 1979. Ontario bar in 1979 and the Nova Scotia bar in 1984 and started his practice in 1979 at O'Hara Cromwell & Wilkin, where he remained until 1982. From 1984 to 1992, he acted as an arbitrator and adjudicator at labour tribunals. He then as- sumed the role of vice chairman of the Nova Scotia Labour Rela- tions Board and Construction In- dustry Panel from 1991 to 1992. Cromwell moved to a posi- tion that will serve him well in his new role, working at the Supreme Untitled-7 1 With almost 40 people at your disposal, we continue to set the standard today, providing safe, reliable, tax-free investment options for injured parties, while lowering claims costs. McKellar. Now you're sure. Gowling Lafleur Henderson LLP's Ottawa Supreme Court practice group, says Cromwell has all the qualities desired in an appeals court judge. "He has an excellent writing style, he's very much attuned to the type of jurisprudence that we have now under the Charter," says Crane, who considers Crom- well a friend, as both sit on the board of directors of the Cana- dian Forum on Civil Justice. "He has dealt with Charter cases both in the criminal context and in the administrative law context." Noting that each Supreme effective teachers I've ever known," says Saunders. "He was very clear, very logical in his pre- sentation, always extremely well prepared. He was just a pleasure to be taught by, and I think the skills he showed in that have re- ally carried over to his writing, certainly, as an academic." Saunders describes Crom- Court appointment is crucial for the country, Crane says it was vital to have a new voice from a Maritime province, which he says well as "unfailingly polite and compassionate," and adds that, despite the political controversy surrounding the nomination, it's unlikely that Cromwell wouldn't have been on anyone's short list as Bastarache's replacement. Crane notes that it's vital for the top court to have a full com- plement of justices. If only eight judges are available, only seven are able to hear cases in order to meet a requirement that an uneven number of justices hear cases. "It makes a great deal of dif- ference," says Crane, adding that court have a judge as soon as possible," says Crane. Canadian Bar Association President Guy Joubert calls Cromwell an "excellent choice." "He has an ability to hone down and get to the crux of any case. His decisions are very ana- lytical and precise," says Joubert. The CBA president also is- sues a warning in terms of the public vetting of Cromwell in the televised parliamentary com- mittee meeting. "The Canadian Bar Association urges all partici- pants to be cognizant that they don't politicize the process, and that the questioning isn't struc- tured in a way to further politi- cal agendas," says Joubert. "We want to maintain the integrity of the process and the court." While Cromwell has been widely heralded, the selection of the Nova Scotian disappoint- ed some Newfoundlanders, the only province yet to furnish a Supreme Court judge. LT www.mckellar.com VANCOUVER 1-800-465-7878 EDMONTON 780-420-0897 McKELLAR STRUCTURED SETTLEMENTS INC. GUELPH 1-800-265-8381 www.lawtimesnews.com 9/8/08 12:32:28 PM HALIFAX 1-800-565-0695 USA 1-800-265-2789

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