Justice Jack Major, appointed to the Supreme Court in 1992, is also likely to retire in the next year or so. Which means Martin will, barring some catastrophic misstep that dunks his government, have the opportunity to fill a third of the seats on the country's top bench. The CBC has a
superb backgrounder on Court appointments, and an interesting list of potential candidates. CBC gives the nod to Abella and Gillese, both touted in this corner previously, and tosses a few more names into the hat:
- Louise Charron: (Ontario Court of Appeal) A bilingual francophone Ontarian, Charron graduated from the University of Ottawa and was admitted to the Bar of Ontario in 1977. She was assistant Crown attorney for Ottawa-Carleton and taught law at the University of Ottawa. Wrote judgment in Ontario ruling that allowed same-sex couples to seek alimony.
- Eleanore Cronk (Ontario Court of Appeal) Torontonian Cronk graduated from the University of Windsor and was called to the bar of Ontario in 1977. She served as counsel to the chief coroner for Ontario in the recent Walkerton tainted water inquiry.
- Janet Simmons (Ontario Court of Appeal) Graduated from the University of Western Ontario and was called to the Bar of Ontario in 1979. Simmons is a former director of the Superior Court Judges Association.
- Karen Weiler (Ontario Court of Appeal) A native of Saskatchewan, Weiler was appointed to the Ontario Court of Appeal in 1992. Before that she practised law in Thunder Bay with the firm Weiler, Weiler and Maloney.
Not to mention James MacPherson, the Dal grad from Down East who joined Gillese in issuing the landmark 2003 ruling favouring same-sex marriage.
Back before his coronation, Martin committed himself to reforming the process by which vacancies are filled on Canada's top court. He encouraged the Commons justice committee to start hearings on appropriate changes in the current process, which is both unilateral and secretive, and after hearings in the spring, the committee issued a short report in May. All the opposition parties filed their own reports. The majority and minority reports differed on key features, but they agreed on the premise that an advisory committee should be struck whenever a vacancy arises on the Supreme Court, and that the federal government should be restricted to filling the vacancy from among the list of nominees prepared by the advisory committee. Whether or not this was a good idea is sort of beside the point now.
Martin's opened a big can of worms. He can proceed now to fill the positions without waiting for the justice committee's recommendations, but that would provide a lot of fodder for Harper to knock him over the head with the democratic reform blackjack. It's more likely that he will appoint an interim advisory committee to compile a shortlist of nominees, in time for the court's fall term. Time is of the essence.